08/10/2026
HUD's New Rules on Assistance Animals: What Landlords Need to Know [from MHCO]
Nearly 6 in 10 federal Fair Housing Act (FHA) complaints filed each year involve a landlord's alleged failure to make reasonable accommodations for a disabled applicant or tenant. A growing share of these involve requests to waive pet restrictions for “assistance animals.” For over a decade, HUD treated that term as covering both trained service animals and untrained emotional support animals — meaning a tenant could keep a pet simply by producing a letter from a health professional.
That's changed. On May 22, 2026, HUD's Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) issued an enforcement memo (“HUD Memo”) that significantly changes how the agency handles animal-related accommodation complaints.
[From NAR] :
HUD’s new guidance means that the department no longer considers the emotional support, well-being, comfort, and companionship that an animal provides to qualify its owner for a Fair Housing Act-required reasonable accommodation.
HUD stops accepting ESA complaints, saying only trained service animals qualify for housing accommodations.