06/03/2026
Is your Emotional Support Animal (ESA) “trained”?
If you are wanting to rent a home, the U.S. Department of Housing and Urban Development (HUD) no longer requires landlords to automatically waive pet policies for rentals for UNtrained ESAs. In other words, your request for a landlord to waive their pet policy rules (such as a pet deposit, an increase in rent or a no-pets-policy) for your UNtrained ESA can no longer be expected or automatic.
This does NOT affect your SERVICE animal scenario, which the Americans with Disabilities Act (ADA) defines as an animal “individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” Further clarifying that these “tasks” performed by the animal “must be directly related to” the disability. A landlord cannot automatically charge pet fees for a service animal, nor can they require a pet deposit that might otherwise be imposed for pets of tenants without disabilities. They also cannot impose policies that limit the breed or size of dogs either. Important to note: service animals are considered a type of medical equipment, NOT a pet.
These changes identified in the March 22, 2026 HUD memo (linked below) are not necessarily retroactive where your landlord could immediately change an existing agreement with you, but as you can imagine, each and every situation and circumstance are unique and should involve guidance with legal counsel who can advise you on any concerns or next steps. Additionally, if there are any conflicts with this new federal guideline and position, state and local laws must also be weighed and considered. And remember, the Fair Housing Act itself has not been changed or altered, nor has there been a court ruling or act of Congress on this matter, however enforcement actions for an UNtrained animal in housing related situations are now unlikely.
To help you identify if your ESA is trained or untrained, here are a few examples to consider:
• Examples of a TRAINED animal could be a dog who is trained to guide someone who is blind, or alert someone who is deaf, or pull a wheelchair, or detect an oncoming seizure, or interrupt a panic attack for someone who has experienced or witnessed a life-threatening or highly traumatic event.
• Examples of an UNtrained emotional support animal could be a dog who provides comfort, or a calming presence, or companionship and/or a form of therapeutic benefit to a person simply because of its presence.
As I hope you know, I am not an attorney nor am I providing any form of legal advice or opinion. If you have any legal effect questions, please talk with your legal counsel. I am an actively licensed real estate broker with URHome Real Estate, and I wanted to share this timely information that could possibly affect you and some of your rental-related decisions or considerations when you live with a furry loved one.
Here are some of docs and articles I referred to:
1.https://dredf.org/wp-content/uploads/2026/05/ESA-Enforcement-Memorandum-w-Appendix-05.22.2026-SIGNED-Incomplete-Access-Pass.pdf
2. https://dredf.org/huds-esa-policy-reversal/
3. https://www.justia.com/animal-dog-law/housing-laws-for-service-animals-and-emotional-support-animals/
4. https://www.disabilityscoop.com/2026/06/02/what-counts-as-an-assistance-animal-just-got-narrower/32021/
5. https://natlawreview.com/article/hud-issues-new-guidance-emotional-support-animals-under-fair-housing-act
Thank you, and I hope you have an AMAZING day!!
