Rules and Covenants Enforcement

On May 22, 2026, the U.S. Department of Housing and Urban Development (“HUD”) issued an enforcement memorandum permanently rescinding the 2020 guidance on assistance animals and establishing new criteria for evaluating complaints brought under the federal Fair Housing Act (“FHA”) for animal-related reasonable accommodation requests. Under the new criteria, the Office of Fair Housing and Equal Opportunity (“FHEO”) will only find probable cause and prosecute complaints if the animal in question has been individually trained to provide assistance directly related to an individual’s disability. This change raises significant questions for community association boards and managers about their ongoing duty to grant reasonable accommodations for emotional support animals under the FHA.

Many communities are seeing an increase in resident-led initiatives designed to help neighbors. Initiatives include assisting with minor household tasks, walking pets during illness, providing transportation to appointments or helping with light maintenance such as replacing filters or batteries. These efforts reflect the best of community living. However, when not properly structured, they can create unintended liability exposure for community associations.