In May 2026, HUD changed what it will enforce for animals in rented homes
22 May 2026. The Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity issued new enforcement guidance on animals as a reasonable accommodation under the Fair Housing Act. It says: "Going forward, FHEO will use the training component of the ADA's definition for service animals to assess animal-related reasonable accommodation complaints under the Fair Housing Act."
The operative sentence:
"In light of these standards, FHEO will find reasonable cause for failure to provide a reasonable accommodation involving the waiver of a pet policy only where the animal has been individually trained to perform work or perform tasks directly related to the complainant's disability." — HUD FHEO, Enforcement Guidance, 22 May 2026
It also says: "As a result, I am permanently rescinding FHEO's 2020 notice regarding assistance animals." Both of HUD's earlier notices on assistance animals, from 2013 and 2020, had already been withdrawn on 17 September 2025; the new guidance makes the withdrawal of the 2020 notice permanent.
What this changes
What HUD says it will act on. If you complain to HUD that a landlord would not waive a pet policy for your animal, HUD says it will find reasonable cause only where the animal is individually trained to do work or tasks for your disability. An animal whose contribution is comfort or emotional support is now outside what HUD says it will find reasonable cause for.
The guidance says it does not address how HUD will handle complaints under Section 504 of the Rehabilitation Act or under the ADA (guidance, pp. 1–2). If you live in public housing or university housing, other rules may apply as well.
What it does not change
The Fair Housing Act itself. The section that creates the duty, 42 U.S.C. § 3604, is unchanged, and HUD's own 2025 memorandum says guidance documents "do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent." The guidance also points to the courts: a complainant "may file a civil action in an appropriate federal district court or state court within two years after the occurrence or termination of the alleged discriminatory housing practice." State and local fair-housing laws are not changed by it.
Much of what is published online about "HUD's rules" for assistance animals was written before May 2026. The Act, the regulation and the guidance are each quoted in our housing guide.
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This is general information, not legal advice. Sources checked 25 September 2026.