Assistance animals and pet policies: the HUD rules for landlords now
A trained assistance animal should still be allowed as a reasonable accommodation, even in a no-pets building, and HUD treats requests to waive pet rules for one as presumptively reasonable. What changed is emotional support animals: HUD withdrew its 2013 and 2020 assistance animal notices effective September 17, 2025, and a May 22, 2026 HUD memo says it will find cause only where the animal is trained to do disability-related work. Private lawsuits and state laws such as California's still protect untrained support animals, so a blanket refusal remains risky.
What the Fair Housing Act still requires
The statute did not change. Refusing to make reasonable accommodations in rules, policies, practices or services, when needed to give a person with a disability equal opportunity to use and enjoy a home, is discrimination under 42 U.S.C. 3604(f)(3)(B). HUD's regulation gives the classic example: waiving a no-pets rule so a blind tenant can live with a guide dog.
What HUD changed in 2025 and 2026
| Date | What happened | Source |
|---|---|---|
| September 17, 2025 | HUD withdrew FHEO-2013-01 and FHEO-2020-01, the two notices that told housing providers how to handle assistance animal requests, including that support animals are not pets | Federal Register notice, April 6, 2026 |
| April 6, 2026 | HUD published the withdrawal and said the documents should not be relied on as authoritative | Same |
| May 22, 2026 | HUD memo: for animal-related complaints, HUD will find reasonable cause only where the animal is individually trained to do work or tasks directly related to the person's disability; requests to waive pet rules for untrained emotional support animals are not presumptively reasonable; HUD plans rulemaking to align with ADA rules | HUD FHEO memorandum, May 22, 2026 |
Sources: the Federal Register notice and the May 22, 2026 HUD memorandum (a copy of the signed memo posted by DREDF). The memo notes that, unlike the ADA, a trained animal under the Fair Housing Act can be a species other than a dog.
Both documents say the change does not affect a person's right to sue: the Fair Housing Act lets a complainant file in federal or state court within two years. Courts had already reached different results on support animals, as the memo's own citations show. HUD changed what it will enforce, not what a court or your state may require.
State law can require more: California as an example
California's Civil Rights Department, in an August 2026 FAQ, says state law generally requires housing providers to allow an emotional support animal as a reasonable accommodation when a person has a disability-related need for it. Under that FAQ:
- When the need is not obvious, you may ask for reliable documentation, which can come from a health care provider, a therapist, or another reliable third party, or the person's own credible statement.
- An online certificate, vest or ID card does not by itself establish the need, but documentation from a licensed professional online after an individualized assessment may.
- You may not charge a pet deposit, pet rent or any other fee for the animal, or require liability insurance for it.
- Breed, size and weight limits do not apply to support animals.
- The tenant can be charged for damage the animal causes beyond ordinary wear and tear.
- A request may be denied only for an undue burden, a fundamental alteration, or a direct threat or substantial damage that cannot be reduced, judged case by case on objective evidence.
Other states have their own rules. Check your state civil rights agency before changing a policy.
Setting a pet policy that holds up
- Write the pet rules: which animals, how many, any size limits, pet rent and pet deposit.
- Add one line: requests to keep an animal because of a disability are handled as accommodation requests, not under the pet policy.
- For a trained assistance animal, waive pet rent, deposits and size or breed limits.
- For an untrained support animal, follow your state law; where it is unclear, talk to your attorney before you refuse.
- Respond to every request in writing and promptly, and ask only for what you are allowed to ask.
- Hold every animal to the same conduct rules: no damage, no threats to others, cleanup.
Example a made-up 30 unit building charges $35 a month pet rent and a $300 pet deposit. A new tenant has a trained guide dog: the owner charges neither, a $720 difference in the first year ($420 of pet rent plus the $300 deposit). A California tenant asks for an emotional support cat with a letter from her therapist: under state law the owner allows it with no fee. A tenant in another state asks to keep an untrained dog as support: the owner checks that state's law and talks to an attorney before answering.
Pet fees in DoorKeeping
In DoorKeeping, each property keeps its own books, so pet rent and pet deposits sit in the right building's ledger, and a waived fee is a change you approve with one tap. You manage the rest by asking Claude or ChatGPT, for $2 per unit per month. DoorKeeping does not give legal advice; animal accommodation rules are moving, so confirm yours with an attorney.
Sources
- Fair Housing Act, 42 U.S.C. 3604 (Cornell LII), read Oct 29, 2026
- HUD, Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents (Federal Register, April 6, 2026), read Oct 29, 2026
- HUD FHEO, Enforcement Guidance: Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act, May 22, 2026 (signed copy posted by DREDF), read Oct 29, 2026
- California Civil Rights Department, Emotional Support Animals and Fair Housing Law (August 2026), read Oct 29, 2026
Questions
- Can a landlord charge pet rent for a service or assistance animal?
- Not for a trained assistance animal allowed as a reasonable accommodation. In California the same goes for emotional support animals under state law.
- Did HUD end protections for emotional support animals?
- HUD withdrew its guidance and, since May 22, 2026, finds cause only for trained animals. The statute, private lawsuits and state laws remain, so support animals can still be protected.
- Can I ask for proof that an animal is needed?
- When the disability or need is not obvious, you can usually ask for reliable documentation. In California the tenant only has to document the need, not disclose the disability itself. State rules vary, so check yours.