New ESA enforcement guidance from HUD was announced on May 22nd 2026. This change rescinds previous guidance that untrained emotional support animals (ESAs) are reasonable accommodations. Keep up to date with these emerging rental industry changes.
A recent ruling by the Department of Housing and Urban Development (HUD) has changed the way emotional support animals (ESAs) are viewed by housing providers. The shift has removed many of the protections that ESAs were assumed to have under the Fair Housing Act and has changed the expectations around accommodation for an untrained ESA. This would mean that untrained emotional support animals are no longer given the same protections as service animals under reasonable housing accommodations.
These changes are intended to rescind prior guidelines about emotional support and other assistance animals from 2013 and 2020. It is currently unclear how these guideline changes will be applied and whether they will affect current ESA-owning tenants, but it is not advised for landlords to make changes to how they accommodate current ESA-owning occupants. These changes are, however, expected to impact incoming tenants or those who are new to having an ESA. Additionally, state laws may differ from national legislation, so it is important to be aware of your state’s ESA laws.
New HUD Guidelines for ESAs
- HUD regulations have removed the federal protections offered to emotional support animals by a policy notice in 2013 and reinforced in 2020.
- Emotional support and companionship are no longer considered tasks performed by an assistance or service animal.
- Untrained ESAs are no longer required to receive the same protections as trained service animals by housing providers.
- Reasonable accommodation (often including the waiving of pet policies) is now only required to be extended to service animals as defined by the ADA, bringing the application of these accommodations more in line with the letter of the law.
These changes may impact both renters who own ESAs and housing providers who were previously required to allow them. Landlords and property managers with tenants who have existing emotional support animals should be cautious when applying these new guidelines, and should avoid restricting an emotional support animal or charging a pet fee if the ESA was accepted at the time of the lease agreement. As with any legal question, seeking guidance from a lawyer familiar with landlord-tenant law in your area is always advisable. Moving forward, it is imperative that renters and housing providers alike remain aware of impending changes to ESA law if they are or rent to ESA owners.
View full guidance on HUD’s website: Enforcement Guidance – Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act
PetScreening Can Help Rentec Direct Clients
Housing providers are encouraged to work with their tenants to uphold their pet policies and follow state and federal guidance for accommodating service animals and emotional support animals. As ESA laws change and evolve, it’s even more important for landlords to stay up-to-date on new regulations and keep their tenants informed.
Rentec Direct’s integration with PetScreening gives housing providers pet screening services, as well as functionality to stay up-to-date with changes made to HUD, ADA, and FHA regulations. If you already use Rentec Direct, these integrations can be highly beneficial for your business and allow you to easily screen your tenants’ pets or ESAs and stay compliant with changing laws regarding emotional support animals. According to PetScreening, clients receive updates directly from the team regarding these FHA regulation changes to maintain compliance with HUD regulations.
Learn more: PetScreening is Fully Integrated with Rentec Direct to Protect Your Rentals
Final Thoughts
These HUD policy changes are recent and still emerging, so it is important to be aware of the updates as they arise. Keep an eye on PetScreening and Rentec Direct’s updates for more information on these policies as they develop and are implemented in fair housing disputes going forward.
Excellent summary of the new HUD enforcement posture. One important nuance for housing providers: while HUD will now focus its enforcement on trained service animals, the Fair Housing Act statutory text in Section 3604(f) has not been amended. Landlords could still face liability under a private civil action brought by a tenant, even for denying an untrained ESA, if the tenant demonstrates a disability-related need under the reasonable accommodation standard. The Henderson v. Five Properties ruling (E.D. La. 2025) shifted burden-of-proof expectations, but as a district court decision it is not binding precedent nationwide. Meanwhile, state fair housing statutes in California, New York, Illinois, and several other jurisdictions may provide broader ESA protections that are entirely unaffected by the federal enforcement shift. For property managers navigating this transition: update your accommodation request procedures, consult with a local attorney on your state-specific obligations, and document every step of the interactive process with tenants.