June 4, 2026

Guidance Related to Emotional Support Animals Updated by HUD

On June 4, 2026 by Shelli Bakken

In a May 22 internal memo, the Department of Housing and Urban Development (HUD) revealed that the agency is reassessing its guidance for reasonable accommodations requests for assistance animals.

The memo states: “Effective immediately, for all complaints related to animal-related reasonable accommodations, FHEO will find reasonable cause and recommend charges only for those cases involving animals trained to provide disability-related assistance.” The guidance impacts Fair Housing Act protections for tenants with certain kinds of assistance animals.

For example, an Emotional Support Animal (ESA) provides therapeutic comfort to individuals with mental or emotional disabilities simply by being present. ESAs differ from service animals, which are dogs individually trained to perform a task directly related to a person’s disability.

New Guidance

Under HUD’s previous guidance on assistance animals, tenants could have an ESA if they could provide medical documentation supporting their need for the animal. It was not necessary for the animal to be trained to perform specific therapeutic tasks. Under the new guidance, HUD will not seek fair housing-related charges against housing providers that do not allow ESAs. Per the memo, “while requests to waive pet policies for animals trained to perform specific disability-related services are presumptively reasonable, requests to waive pet policies for untrained ESAs are not.”

Additionally, FHEO will no longer expect housing providers to categorically extend accommodations for trained assistance animals to untrained ESAs.

What this Means for Providers

Minnesota providers of independent senior housing, assisted living, and skilled nursing facilities are likely familiar with the steps to process requests for disability-related accommodations. It is important to be aware that the Minnesota Human Rights Act prohibits disability discrimination, and specifically allows for both service animals and emotional support animals.

For this reason, members are encouraged to continue with your current policies and guidance around handling requests for accommodations to your community policies related to animals. LeadingAge Minnesota will continue to monitor this evolving guidance and update resources for our members as more information becomes available.

If you have questions and need assistance, contact Shelli Bakken, Director of Housing Policy and Expert Support.