On May 22, 2026, the U.S. Department of Housing and Urban Development issued new enforcement guidance for animal-related reasonable-accommodation complaints under the Fair Housing Act.
The change is significant: HUD's Office of Fair Housing and Equal Opportunity, known as FHEO, announced that it will generally find reasonable cause and recommend charges only when an animal has been trained to provide disability-related assistance.
This is a major departure from HUD's former guidance on untrained emotional support animals.
Important: HUD changed its enforcement position. Congress did not amend the Fair Housing Act, and HUD did not adopt a new regulation through notice-and-comment rulemaking.
What HUD did
HUD's May 2026 memorandum states that, effective immediately:
- FHEO will generally find reasonable cause and recommend charges in animal-accommodation cases only when the animal is trained to provide disability-related assistance.
- FHEO will use the training component of the ADA service-animal definition when assessing Fair Housing Act animal complaints.
- Requests involving trained disability-assistance animals are presumptively reasonable.
- Requests to waive pet policies for untrained ESAs are not presumptively reasonable under HUD's new approach.
- Open ESA cases are to receive case-by-case review.
- HUD intends to pursue notice-and-comment rulemaking in the future.
HUD's memorandum also reconfirms that its 2013 and 2020 assistance-animal guidance was withdrawn.
What happened to the 2020 HUD notice?
HUD's 2020 notice had offered a detailed framework for housing providers reviewing requests for service animals and other assistance animals, including untrained emotional support animals.
HUD formally withdrew that notice, along with the 2013 guidance on assistance animals, in September 2025. The May 2026 memorandum explains HUD's replacement enforcement position.
Websites, form letters, landlord policies, and training programs that continue to cite the 2020 notice as current HUD guidance should be updated.
What HUD did not do
HUD did not change the statutory text
The Fair Housing Act still prohibits refusing a reasonable accommodation in rules, policies, practices, or services when the accommodation may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling.
The statute does not expressly say that an animal must be trained, and it does not use the term ESA.
HUD did not issue a binding final regulation
The May memorandum is enforcement guidance directed to HUD staff. It describes how FHEO will prioritize and decide cases. It is not the same as a regulation adopted after public notice and comment.
HUD itself says future rulemaking is planned.
HUD did not eliminate private lawsuits
The memorandum expressly states that people may still bring a private Fair Housing Act action in federal or state court within the applicable statutory period. A court is not automatically bound to adopt HUD's enforcement view.
The outcome may depend on controlling appellate precedent, the facts, the requested accommodation, the evidence of necessity, and state or local law.
HUD did not resolve Section 504 or ADA claims
The memorandum says it does not address how HUD will process complaints against housing providers under Section 504 of the Rehabilitation Act or the ADA.
This can matter in public housing, federally funded housing, or other covered programs.
Why the law is now unsettled
Before the 2025 withdrawal, many courts, housing providers, clinicians, and advocates relied on HUD guidance recognizing untrained emotional support animals as potential reasonable accommodations.
HUD now rejects that approach for its Fair Housing Act enforcement decisions. Existing cases do not all disappear, and not every federal court has addressed the new memorandum.
The practical result is uncertainty:
- A housing provider may view HUD's current standard as support for denying an untrained ESA request.
- A tenant may rely on the Fair Housing Act's statutory language, prior case law, Section 504, or broader state law.
- HUD may accept a complaint but decline to find reasonable cause under its new enforcement policy.
- A private court could agree with HUD, disagree with HUD, or resolve the case on narrower facts.
A July 2026 DOJ settlement
On July 23, 2026, the U.S. Department of Justice announced a settlement with the East Hampton Housing Authority in a Fair Housing Act case alleging that the authority refused to permit a minor tenant's emotional support dog during 2021 and 2022. The authority agreed to pay the family $82,500 and adopt an assistance-animal accommodation policy, training, notice, and recordkeeping measures.
The settlement addresses earlier conduct and does not, by itself, establish the governing rule for every new request made after May 22, 2026.
What tenants should do
A tenant seeking an animal accommodation should:
- identify all potentially applicable laws, including state and local law;
- make the request in writing;
- describe the disability-related need and the accommodation requested;
- provide reliable supporting information when the disability or need is not apparent;
- explain any disability-related training the animal has received;
- keep copies of all communications;
- obtain legal advice promptly if housing is at risk.
See How to Request a Housing Accommodation.
What housing providers should do
A housing provider should avoid automatic decisions based on old templates or headlines. Instead:
- identify whether the property or program is covered by the Fair Housing Act, Section 504, the ADA, or broader state law;
- distinguish HUD enforcement guidance from statutes, regulations, and controlling court decisions;
- conduct an individualized review;
- document the reason for the decision;
- consider alternatives where appropriate;
- obtain legal advice before denying a high-risk request.
What to watch next
HUD says it intends to begin rulemaking. Courts may also decide how much weight to give the new memorandum and whether training is required under the Fair Housing Act itself.
This page should be reviewed frequently and updated when HUD publishes a proposed rule, a final rule, or significant appellate decisions.
For definitions of recurring terms, see the plain-language glossary.
Sources
- HUD, May 22, 2026 Enforcement Guidance: Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act
- HUD, September 17, 2025 Notice of Withdrawal of FHEO Guidance Documents
- 42 U.S.C. § 3604(f)(3)(B)
- 24 C.F.R. § 100.204
- 42 U.S.C. § 3613, Private Enforcement
- U.S. Department of Justice, July 23, 2026 East Hampton Housing Authority Settlement
- U.S. Department of Justice, Service Animals and Assistance Animals
- Federal Register, Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents, 91 Fed. Reg. 17291 (Apr. 6, 2026)