08/22/2026
❗️Yikes! HUD has changed its guidance regarding emotional support animals (ESAs) in rental housing.
Under the new guidance, landlords are no longer expected to waive pet policies or pet fees for untrained emotional support animals.
A service or assistance animal must be trained to perform specific tasks related to a person’s disability. Simply providing comfort, companionship, emotional support, or a sense of well-being does not qualify as a trained task.
Going forward:
* Trained animals that perform disability-related tasks may qualify for reasonable accommodations.
* Untrained emotional support animals may no longer qualify for exemptions from pet policies or pet fees.
* HUD will focus its investigations on complaints involving animals trained to provide disability-related assistance.
* HUD will use the training portion of the ADA service-animal definition when reviewing these Fair Housing Act complaints.
Important for landlords: A lease is a legally binding agreement. If a current lease states that no pet fee or deposit is required, a landlord may not be able to immediately begin charging one.
Landlords and property managers should speak with legal counsel before changing existing leases, pet policies, fees, or accommodation procedures based on the new HUD guidance.
