If you are asking your landlord to allow an emotional support animal, the ground shifted under you this year. In May 2026, the federal agency that enforces fair housing law rescinded the guidance landlords had followed for more than a decade. Your emotional support animal letter for housing still has a role, but what it does now depends much more on where you live than it did a year ago. If you have not been evaluated yet, start with how to get an ESA letter.
Key takeaways
- On May 22, 2026, the Department of Housing and Urban Development permanently rescinded its 2020 and 2013 assistance animal guidance and adopted a much narrower enforcement standard.
- HUD now pursues Fair Housing Act complaints only where an animal has been individually trained to assist with the person’s disability, which excludes most untrained emotional support animals.
- State and local fair housing laws, Section 504 obligations in federally assisted housing, and private lawsuits were not changed by the memo. Your state fair housing agency is now the first place to look.
Does an ESA letter still work for housing in 2026?
Sometimes, and it now depends heavily on your state and your specific housing. What changed is federal enforcement, not the Fair Housing Act itself. HUD will no longer take up complaints on behalf of tenants whose emotional support animals have not been individually trained, so the federal backstop that made most landlords say yes is effectively gone. Where your state or city has its own fair housing law covering assistance animals, those protections still apply and are enforced by state or local agencies.
The rest of this article explains where each of those paths stands.
What the Fair Housing Act actually says
The Fair Housing Act (FHA) prohibits housing discrimination on the basis of disability, among other protected characteristics. One of its requirements is that housing providers make reasonable accommodations, meaning changes to rules, policies, or services that a person with a disability needs in order to have equal opportunity to use and enjoy a dwelling. Waiving a no-pets policy has long been treated as one example.
Two features of the statute are worth holding onto.
- It covers nearly all housing. Apartments, condominiums, cooperatives, single-family rentals, university housing, assisted living, and group homes generally fall under it, whether or not federal money is involved. A few narrow exemptions exist, including some owner-occupied buildings with four or fewer units.
- It does not define “assistance animal” anywhere in its text. That gap is why agency guidance mattered so much, and why rescinding the guidance had such a large effect. The statutory language and HUD’s implementing regulations at 24 CFR Part 100 are unchanged.
What HUD’s May 2026 memo changed
On May 22, 2026, HUD’s Office of Fair Housing and Equal Opportunity issued an enforcement guidance memorandum that took effect immediately. The substance:
- Both prior guidance notices are permanently rescinded. FHEO-2020-01 and FHEO-2013-01 are withdrawn in full. Those documents had told housing providers that assistance animals were not pets, that pet fees and deposits generally could not be charged for them, and what documentation could reasonably be requested.
- HUD adopted the ADA’s training standard. The agency will now find reasonable cause and recommend charges only where the animal has been individually trained to do work or perform tasks directly related to the person’s disability. Unlike the ADA, HUD’s framing allows for species other than dogs, provided the animal is trained.
- Categorical approval is no longer expected. Housing providers are not expected by the agency to automatically grant accommodation requests or waive fees for untrained emotional support animals.
- Open cases go to case-by-case review. The memo directs regional offices to route pending emotional support animal cases upward for individual determination.
HUD has said it intends to pursue formal notice-and-comment rulemaking to align its regulations with the ADA. Until that happens, this is an enforcement policy rather than a regulation, which is part of why several of the paths below remain open.
Before you submit a request to a landlord, it is worth understanding what your documentation can realistically support in your state. A physician can talk that through with you during an emotional support animal letter evaluation rather than issuing paperwork you may not be able to use.
Where protections still apply
The federal shift did not close every door. Four paths remain.
State and local fair housing laws. Many states have their own fair housing statutes that define assistance animals independently of HUD guidance, and some are considerably broader than federal law. California, New York, Massachusetts, and a number of other states have their own frameworks and their own enforcement agencies. The memo does not touch them. Contact your state fair housing or civil rights agency to find out what applies where you live.
Section 504 of the Rehabilitation Act. Public housing authorities and other providers receiving federal financial assistance have independent reasonable accommodation obligations under Section 504, which the May 2026 memo does not address. If you live in public or federally assisted housing, this is a separate and still-active basis for a request.
Private lawsuits under the Fair Housing Act. The FHA allows individuals to sue directly. Courts apply the statute as written rather than following HUD’s enforcement priorities, and a number of courts have previously recognized accommodations for untrained emotional support animals. This is a slower and more expensive path than an agency complaint, and it is one to discuss with a housing attorney or your local legal aid office.
Your landlord’s own discretion. Plenty of housing providers will continue to accept documented emotional support animals because they always have, because their state requires it, or because they would rather keep a good tenant. A polite, well-documented request is still worth making.
What to include when you ask your landlord
Whatever framework applies in your state, a clear request lands better than a vague one.
- A written request. Put it in writing and keep a copy with the date. Email works.
- Your provider’s letter. On letterhead, with the clinician’s license information, confirming that you have a disability and that the animal alleviates one or more of its effects.
- What you are asking for, specifically. For example, an exception to the no-pets policy for one named animal.
- Information about the animal. Species, size, vaccination status, and anything relevant about its behavior and training.
- A note about training, if it applies. If your animal has been individually trained to perform a specific task tied to your disability, say so plainly and describe the task. Under the current federal standard, that distinction is now the one that carries the most weight.
You generally do not need to disclose your diagnosis, share medical records, or use any particular form. If a landlord demands those things, that is a good moment to check your state’s rules or call a local fair housing organization.
Can a landlord charge pet fees for an ESA now?
Under HUD’s previous guidance, pet fees and deposits generally could not be charged for an assistance animal granted as an accommodation. That expectation has been withdrawn at the federal level, so a landlord relying only on federal law may now treat an untrained emotional support animal as a pet, with the pet rent, deposits, breed limits, and weight limits that come with the building’s policy.
Where a state or local law provides its own protection, or where Section 504 applies, the older analysis may still hold. This varies enough by jurisdiction that the honest answer is to check your state agency rather than assume either way.
What about air travel?
Air travel changed five years before housing did and in the same direction. A 2021 Department of Transportation rule under the Air Carrier Access Act narrowed the definition of a service animal to a dog individually trained to perform tasks for a person with a disability. DOT’s guidance confirms that airlines are not required to accept emotional support animals as service animals.
Practically, that means an emotional support animal now flies under the airline’s pet policy: an under-seat carrier, a per-segment fee, and a reservation made in advance. Airlines will not accept an ESA letter for cabin access. A dog individually trained to perform psychiatric tasks is a different category and may still qualify as a service animal.
If your trip is disrupted by illness rather than by an animal question, a doctor’s note for travel is a separate service and follows a different process.
Frequently asked questions
My landlord approved my ESA last year. Can they reverse that now? Existing agreements are a matter of your lease and your state law, and a landlord’s ability to change terms mid-lease is limited in most places. If you receive a notice that your accommodation is being withdrawn, do not move the animal out before getting advice from your state fair housing agency or a local legal aid office.
Does my ESA letter need to be from a provider in my state? Yes, in practical terms. The clinician should be licensed where you are located, and many housing providers check. Letters from out-of-state providers are among the most common reasons a request gets questioned.
How recent does the letter need to be? There is no federal expiration rule, but many housing providers ask for documentation issued within the last year. Renewing annually is the practical standard.
Can my landlord deny an emotional support animal without cause now? Not without cause. The Fair Housing Act still prohibits disability discrimination, state laws may impose additional duties, and Section 504 still applies in federally assisted housing. What changed is that HUD will not pursue a complaint on your behalf when the animal has not been individually trained.
What if my animal is trained to do a specific task? That may put you in a stronger position than a standard emotional support animal request, since individual training is the standard HUD now applies. Be specific about what the animal has been trained to do and how it relates to your disability.
Where do I file a complaint if I think I was discriminated against? Start with your state or local fair housing agency, since that is where the broader protections now sit. HUD still accepts complaints, and a private lawsuit under the Fair Housing Act remains available. A housing attorney or legal aid office can help you decide which path fits.
Next steps
If you need documentation from a licensed physician who will explain honestly what it can and cannot support in your state, our emotional support animal letter service includes a 15-minute video visit with a board-certified physician and completion of any additional forms you need. You must be 18 or older, and you book for the state where you will be physically located at the time of the visit.
Book an emotional support animal letter evaluation.
If you are struggling with your mental health while dealing with a housing dispute, that is a heavy combination. Call or text 988 to reach the Suicide and Crisis Lifeline, available 24 hours a day. This is not an emergency service. In an emergency, call 911 or go to the nearest emergency room.
Sources
- U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity. Enforcement Guidance: Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act (May 22, 2026)
- U.S. Department of Housing and Urban Development. Information for Persons with Disabilities
- Electronic Code of Federal Regulations. 24 CFR Part 100, Discriminatory Conduct Under the Fair Housing Act
- Cornell Law School, Legal Information Institute. 42 U.S. Code § 3604, Discrimination in the sale or rental of housing
- Cornell Law School, Legal Information Institute. 42 U.S. Code § 3613, Enforcement by private persons
- U.S. Department of Health and Human Services. Section 504 of the Rehabilitation Act of 1973
- U.S. Department of Justice, Civil Rights Division. ADA Requirements: Service Animals
- ADA.gov. Service Animals
- U.S. Department of Transportation. Service Animals (Including Emotional Support Animals)
- Electronic Code of Federal Regulations. 14 CFR Part 382, Nondiscrimination on the Basis of Disability in Air Travel
- Brooks HL, Rushton K, Lovell K, et al. The power of support from companion animals for people living with mental health problems: a systematic review and narrative synthesis of the evidence. BMC Psychiatry. 2018;18(1):31.
- 988 Suicide and Crisis Lifeline. 988lifeline.org
This article is for informational purposes only and is not a substitute for professional medical advice.
Medical documentation supports your request but does not guarantee approval. Final decisions are made by your employer, insurance carrier, leave administrator, school, landlord, air carrier, or applicable state program.
This article describes what federal and state law generally provide and is not legal advice. For your specific situation, contact your state or local fair housing agency, a housing attorney, or a local legal aid office.