HUD ESA rules in 2026: what changed for renters, students and landlords

What did HUD change in 2025 and 2026?

HUD changed its assistance animal policy in two steps. On September 17, 2025, John Gibbs, Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity, signed a notice withdrawing a list of guidance documents, citing Executive Orders 14192 and 14219. That list included FHEO Notice 2013-01 on service and assistance animals and FHEO-2020-01, the 2020 notice that had served as the main federal roadmap for ESA documentation and pet fees.

The second step came on May 22, 2026. Craig W. Trainor, Assistant Secretary for Fair Housing and Equal Opportunity, signed a memorandum titled Enforcement Guidance: Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act, effective immediately. It permanently rescinded FHEO-2020-01 and confirmed that both earlier notices were withdrawn in September 2025.

The core change is the enforcement standard. HUD's fair housing office will find reasonable cause only where the animal is individually trained to do work or perform tasks related to the person's disability. Requests to waive pet rules for trained animals are presumptively reasonable, while requests for untrained ESAs are not, and HUD says it no longer expects housing providers to extend trained animal accommodations to untrained ESAs automatically.

The memo adds several details. Open ESA cases go to a senior enforcement official for case by case review, and a trained animal of a species other than a dog can still qualify. HUD plans notice and comment rulemaking, noting that its animal accommodation regulations have not been updated in 35 years. The memo sets no new documentation standard, and its appendix describes a complaint involving three animals supported by an online form letter that ended in a no reasonable cause finding.

What stayed the same under federal law?

The law itself did not move. The Fair Housing Act still makes it unlawful to refuse reasonable accommodations in rules and policies when they are necessary for a person with a disability to have equal opportunity to use and enjoy a home (42 U.S.C. 3604(f)(3)(B)). HUD's regulation at 24 CFR 100.204 is also unchanged.

The memo states that nothing in it affects the rights of parties to seek redress through a private action in court, which can generally be filed within two years under 42 U.S.C. 3613. It also says it does not address how HUD will process complaints under Section 504 of the Rehabilitation Act, which covers federally funded housing and most colleges, or under Titles II and III of the ADA. As of October 8, 2026, HUD's public assistance animals page still describes an assistance animal as one that works, performs tasks or provides emotional support.

Accommodations that housing providers already approved generally remain in place, according to fair housing advocates and law firm commentary. Courts are not bound by HUD's enforcement priorities, so judges will keep reading the statute for themselves.

Which states say ESAs are still protected?

Four state civil rights agencies issued public statements after the memo. Each said its own law, not HUD's enforcement policy, decides how ESA requests are handled in that state.

Seven states also have statutes that cover support animals without a training requirement: Virginia, Minnesota, Hawaii, Wisconsin, Nevada, Maine and Colorado. Colorado's HB26-1045, signed May 28, 2026 and effective August 12, 2026, presumes that permitting an assistance animal, including an ESA, is a reasonable accommodation once the housing provider has had a chance at an interactive process, and it presumes complete bans are discriminatory.

Some states tie their ESA rules to federal law. Florida's statute applies to the extent required by federal law, and Iowa defines an assistance animal by reference to the Fair Housing Act and Section 504. Because the federal statute itself is unchanged, how those states apply their laws after the memo is still developing. Our state law hub tracks each state.

• California Civil Rights Department, July 20, 2026: a legal alert saying the Fair Employment and Housing Act and the Unruh Civil Rights Act are unaffected by HUD's change.
• Massachusetts Commission Against Discrimination, July 31, 2026: assistance animals under state law include trained or untrained animals that provide emotional support, and denying a request only because an animal is not a federal service animal may violate Massachusetts law.
• South Carolina Human Affairs Commission, August 13, 2026: HUD has changed how it enforces federal law, not what South Carolina law requires, and its review does not depend on training.
• Maryland Commission on Civil Rights, September 8, 2026: guidance saying housing providers may not adopt blanket policies rejecting ESAs and must evaluate each request individually.

What should renters do now?

Start with your state. If you live in a state whose agency or statute protects untrained ESAs, that law is now your main source of protection, and your state agency can take a complaint. Local fair housing organizations and disability rights groups can explain your options at no cost.

Put every request in writing and keep copies of what you send and receive. Respond to reasonable follow up questions from your housing provider. Fair housing advocates such as DREDF also recommend not signing anything that waives your rights, or agreeing to new fees under pressure, before getting advice. Our guide on how to talk to your landlord includes wording you can adapt.

Documentation quality matters more than before. HUD's appendix singled out an online form letter, and landlords are reading letters closely. A letter from a clinician licensed in your state, written after a genuine evaluation and easy to verify, is far stronger than a template.

If your dog is individually trained to perform tasks related to your disability, say so in your request. Trained animals, including psychiatric service dogs, keep HUD's presumption that a pet rule waiver is reasonable. HUD complaints must generally be filed within one year of the incident, and private lawsuits within two years.

What should students in college housing do now?

Students are in a different position from most renters. Colleges that receive federal funds review housing accommodation requests under Section 504 and the ADA, and the May 2026 memo expressly does not address Section 504 complaints. University housing can also fall under the Fair Housing Act and state law.

Submit your request through the disability services office using the college's process, and start early, because residence hall assignments often close months before the term. Your documentation should come from a clinician licensed in the state where you are located when you are evaluated. Our guide to ESA requests in college housing covers timing and common forms.

What should landlords and property managers do now?

Check state law before you change a written policy. A blanket refusal of ESAs may fit HUD's enforcement stance and still violate state law. Maryland's agency says blanket policies rejecting ESAs are not allowed, Colorado now presumes complete bans are discriminatory, and Massachusetts expects an interactive process for each request.

Verification is still the right tool. Confirm the clinician's license on the state board's website and ask reasonable questions when the need is not obvious, but avoid demanding diagnoses or medical records. Florida, Montana and Iowa bar those requests by statute.

Pet fees need care. Two courts, in the Henderson v. Five Properties and Leslie cases, held that waiving pet fees is not always required, and HUD's memo cited Henderson. Kentucky, Virginia, Illinois, Indiana and Minnesota, however, bar pet fees or deposits for assistance animals, and Florida bars extra charges for an ESA. Our page for housing providers explains how we support verification.

What happens next?

Three tracks will shape the next year. HUD has said it plans notice and comment rulemaking, which means a published proposal and a public comment period before any new regulation takes effect. Courts will keep deciding private cases under the statute, and state legislatures and agencies will keep adding their own rules, as Colorado did.

Until then, the practical picture is stable: state law decides most ESA outcomes, trained animals have the strongest federal footing, and documentation from a real evaluation carries the most weight. If you need a letter that reflects all of this, Pet ESA Service connects you with a licensed mental health professional in your state for a one time fee, with a full refund of the evaluation payment if the clinician does not approve your completed assessment. Start the free assessment to see what your state requires.

Update history

October 8, 2026: Reviewed against the May 22, 2026 HUD memo, the September 17, 2025 withdrawal notice, state agency statements from California, Massachusetts, South Carolina and Maryland, and Colorado HB26-1045, effective August 12, 2026. We update this page when HUD publishes a proposed rule or a state changes its law.