09/15/2026
🐾 SERVICE ANIMALS vs. EMOTIONAL SUPPORT ANIMALS: KNOW THE DIFFERENCE
At Eagles Properties, we believe it’s important for residents and property owners to understand the difference between pets, Service Animals, and Emotional Support Animals (ESAs)—especially as federal guidance regarding assistance animals in housing has recently changed.
🐕🦺 SERVICE ANIMALS
Under the Americans with Disabilities Act (ADA), a Service Animal is generally a dog that has been individually trained to perform work or a specific task directly related to a person’s disability.
A Service Animal does not have to be professionally trained, registered, or “certified,” and the ADA does not require a special vest or identification.
When it is not obvious that a dog is a Service Animal, the ADA generally permits two questions:
• Is the dog required because of a disability?
• What work or task has the dog been trained to perform?
An animal whose sole function is to provide comfort, companionship, or emotional support is not a Service Animal under the ADA.
Service Animals are not pets, and standard pet fees do not apply.
🐾 EMOTIONAL SUPPORT ANIMALS
An Emotional Support Animal (ESA) is different from a Service Animal. An ESA provides emotional support or comfort but is not trained to perform a specific disability-related task.
Importantly, ESAs have never been Service Animals under the ADA. The recent change occurred within HUD’s Fair Housing Act enforcement guidance, not the ADA.
On May 22, 2026, HUD issued new guidance rescinding its prior assistance-animal guidance and changing how HUD’s Fair Housing and Equal Opportunity office will evaluate animal-related reasonable-accommodation complaints. Under the new HUD enforcement position, HUD will pursue these complaints when the animal has been individually trained to provide disability-related assistance.
This represents a significant change from the previous HUD framework, under which qualifying ESAs could be treated as assistance animals for housing purposes even when they were not trained to perform a specific task.
For housing providers, this means the distinction between a trained Service Animal and an untrained ESA is especially important.
🏠 WHAT THIS MEANS FOR RESIDENTS & PROPERTY OWNERS
Eagles Properties reviews animal-related requests carefully and consistently. Because federal guidance changed in 2026, we do not automatically treat an animal as a protected assistance animal simply because it is described as an “ESA” or because a resident provides an ESA letter.
Requests are evaluated based on the current applicable federal, state, and local requirements, including whether the animal is individually trained to perform disability-related work or tasks.
An animal that does not qualify for an applicable reasonable accommodation may be subject to the property's standard pet policies, restrictions, and fees.
🔎 THE PROPER PROCESS MATTERS
At Eagles Properties, Inc., our goal is to apply current Fair Housing requirements consistently while protecting the rights of residents and property owners.
Because HUD's May 2026 guidance represents a significant change and formal rulemaking may follow, animal-accommodation requests should be handled case-by-case and based on the law and guidance in effect at the time of the request.
For additional information, see the current guidance from the U.S. Department of Justice regarding Service Animals and the ADA and the National Association of REALTORS® discussion of HUD’s May 2026 guidance.
