HOATalkNews (Other)
Posts: 3
Posts: 3
Posted:
Has your association handled an ESA request?
On May 22, 2026, HUD's Fair Housing and Equal Opportunity office rescinded its 2020 guidance that had treated untrained emotional support animals the same as trained service animals under the Fair Housing Act.
New standard (effective immediately): HUD will now only pursue a complaint when an animal is "individually trained to perform work or tasks directly related to the... disability" — the same test used under the ADA.
What doesn't change: Per Holland & Knight, this shifts HUD's own enforcement priorities, not the law itself — "State and local laws may impose broader requirements," and residents can still sue privately regardless.
Holland & Knight advises updating pet policies to distinguish trained animals from ESAs and documenting decisions "thoroughly," since HUD plans formal rulemaking next.
Is your board considering updating its policy, or waiting to see how the rulemaking plays out?
________________________________________
Sources: HUD's signed enforcement memorandum, May 22, 2026 (FHEO, via DREDF), Holland & Knight analysis.
For general information only; not legal, financial, or professional advice. See our Terms
On May 22, 2026, HUD's Fair Housing and Equal Opportunity office rescinded its 2020 guidance that had treated untrained emotional support animals the same as trained service animals under the Fair Housing Act.
New standard (effective immediately): HUD will now only pursue a complaint when an animal is "individually trained to perform work or tasks directly related to the... disability" — the same test used under the ADA.
What doesn't change: Per Holland & Knight, this shifts HUD's own enforcement priorities, not the law itself — "State and local laws may impose broader requirements," and residents can still sue privately regardless.
Holland & Knight advises updating pet policies to distinguish trained animals from ESAs and documenting decisions "thoroughly," since HUD plans formal rulemaking next.
Is your board considering updating its policy, or waiting to see how the rulemaking plays out?
________________________________________
Sources: HUD's signed enforcement memorandum, May 22, 2026 (FHEO, via DREDF), Holland & Knight analysis.
For general information only; not legal, financial, or professional advice. See our Terms