Federal housing update: HUD withdrew its 2013 and 2020 animal guidance and adopted a narrower Fair Housing Act enforcement standard in May 2026. The statute itself did not change, and other laws may apply. Read the full update.
Housing providers often charge pet rent, a pet deposit, an application fee, or a one-time pet fee. Whether those charges can be applied to a disability-related animal depends on the governing law and the nature of the accommodation.
After HUD's 2025 and 2026 policy changes, websites should not state that every untrained ESA is automatically exempt from every pet charge under federal law.
The traditional rule
Under HUD's former assistance-animal guidance, a qualifying assistance animal was not treated as a pet for accommodation purposes, and ordinary pet fees or deposits generally could not be charged.
HUD withdrew that guidance in September 2025. In May 2026, HUD announced that its Fair Housing Act enforcement will generally support animal accommodations only when the animal is trained to provide disability-related assistance.
Trained disability-assistance animals
HUD's current memorandum says requests to waive pet policies for animals trained to perform disability-related work or tasks are presumptively reasonable.
A pet fee, pet rent, or pet deposit can operate as part of a pet policy. Charging it may defeat or burden the accommodation, particularly where the fee is imposed solely because the person needs the trained animal.
The federal regulation itself gives a no-pets-policy example involving a seeing-eye dog, but it does not spell out every possible fee.
Untrained emotional support animals
The federal answer is now unsettled.
HUD no longer gives untrained ESAs a presumption of accommodation under its Fair Housing Act enforcement policy. A federal trial court in Henderson v. Five Properties LLC rejected a tenant's request to waive an animal fee on the facts before it, finding that the requested waiver was not shown to be necessary.
That decision does not create a nationwide rule for every fee dispute. Other courts, state statutes, local ordinances, Section 504, or the specific facts may lead to a different result.
A page or letter that promises “no pet fees for any ESA” overstates current law.
Questions to ask
When evaluating a fee, consider:
- Is the animal trained to perform disability-related work or tasks?
- Is the charge truly a pet fee, or is it a generally applicable charge?
- Is waiving the charge necessary for equal use and enjoyment of the home?
- Does the property receive federal financial assistance?
- Does state or local law prohibit fees for assistance or support animals?
- Is the provider charging for actual damage rather than status?
- Does the charge apply equally to comparable damage caused by tenants without animals?
- Is there controlling court law in the jurisdiction?
Damage is different from a pet fee
An accommodation generally does not give a tenant permission to damage property.
A tenant may be responsible for the cost of actual damage caused by an animal if the housing provider normally charges tenants for damage they cause. Examples may include:
- damaged flooring or doors;
- untreated urine damage;
- destroyed landscaping;
- pest treatment linked to the animal;
- repair beyond ordinary wear and tear.
Charges should be based on actual, documented damage and applicable landlord-tenant law. An assumption that every animal will cause damage does not justify a charge.
Ordinary security deposits
A generally applicable security deposit charged to all tenants is different from an additional animal deposit.
Whether the provider may deduct animal-related damage from the ordinary security deposit is usually governed by the lease and state security-deposit law.
State law may regulate:
- the maximum deposit;
- itemized statements;
- ordinary wear and tear;
- deadlines for returning the deposit;
- depreciation and replacement cost;
- documentation required for deductions.
Cleaning and sanitation charges
A provider may be able to charge for extraordinary cleaning required because of actual conditions. A blanket cleaning fee imposed only because a person has an assistance animal may function like a prohibited pet fee under some laws.
The distinction should be based on actual cost and consistent policy.
Insurance restrictions
A housing provider may raise insurance concerns about an animal. The provider should investigate the actual policy, available alternatives, and whether an individualized exception is possible rather than relying on a general assumption.
State insurance and fair-housing law can be important.
Practical guidance for tenants
- Ask for an itemized description of every animal-related charge.
- Identify whether the charge is pet rent, a deposit, an application fee, or damage.
- Request the legal basis for applying the charge.
- Provide training information and documentation supporting the accommodation.
- Check state and local law.
- Photograph the unit at move-in and move-out.
- Report and repair problems promptly where appropriate.
- Keep veterinary, training, and behavior records.
Practical guidance for providers
- Separate pet charges from actual-damage charges.
- Do not use withdrawn HUD guidance as current authority.
- Check whether the animal is trained and whether other laws apply.
- Avoid automatic charges without an accommodation review.
- Document actual damage and apply ordinary damage rules consistently.
- Obtain legal review before imposing recurring charges that may make an accommodation unusable.
Worked example: monthly pet rent
A lease charges $50 a month for pets. A tenant asks to waive the charge for an animal that performs trained disability-related tasks. The provider should not simply rename the charge or apply it automatically. It should evaluate the accommodation request under every law that covers the property.
If the animal is untrained and provides support through its presence, the federal Fair Housing Act answer is less certain under HUD's current enforcement position. The tenant should identify any state or local protection, explain why a waiver is necessary, and distinguish the recurring pet charge from responsibility for actual damage.
For definitions of recurring terms, see the plain-language glossary.
Sources
- 24 C.F.R. § 100.204
- HUD, May 22, 2026 Animal-Accommodation Enforcement Guidance
- HUD, September 17, 2025 Withdrawal Notice
- 42 U.S.C. § 3604
- U.S. Department of Justice and HUD, 2004 Joint Statement on Reasonable Accommodations (historical background guidance)
- HUD, May 2026 Memorandum Appendix, Henderson v. Five Properties LLC
- Federal Register, Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents, 91 Fed. Reg. 17291 (Apr. 6, 2026)