Housing Rights for People With Emotional Support Animals are Changing

A recent policy shift from the U.S. Department of Housing and Urban Development (HUD) has created confusion and concern for many people who rely on emotional support animals (ESAs) as part of their disability accommodations.

While HUD has announced changes to how it handles certain ESA-related complaints under the federal Fair Housing Act, it is important to understand that state and local protections for people with disabilities and emotional support animals may still remain fully intact.

For many tenants, these state and local protections may continue to provide meaningful legal rights and advocacy pathways — even when federal enforcement changes.

What Changed?

A recent policy shift from the U.S. Department of Housing and Urban Development (HUD) has significantly changed how the agency evaluates certain housing accommodation requests involving emotional support animals (ESAs). Under the new guidance:

• There is no longer a presumption that untrained emotional support animals must be accommodated by housing providers.

• HUD will use the training component of the Americans with Disabilities Act (ADA) definition of a service animal when assessing many reasonable accommodation complaints under the federal Fair Housing Act.

• Disability-related assistance animals may still be exempt from pet policies and pet fees, but HUD's enforcement approach now focuses on whether the animal has been individually trained to perform work or tasks directly related to a person's disability.

• A housing provider generally will not be held liable by HUD for denying a reasonable accommodation involving an animal that has not received such training.

In addition, HUD formally withdrew its 2013 and 2020 guidance on assistance animals in housing on September 17, 2025.

The rescinded guidance clearly stated that breed restrictions and weight limits could not be applied to disability-related assistance animals, including emotional support animals. The new guidance does not address these issues, leaving questions about breed restrictions, size limitations, and other housing policies unresolved.

For those who want to review the agency's announcement directly, HUD's press release can be found here:

State & Local Laws May Still Protect ESAs

Many states and municipalities have their own fair housing protections that operate independently from HUD enforcement. Some states provide broader protections for emotional support animals than current federal enforcement policies.

If you are facing housing discrimination involving an ESA, one of the best first steps is contacting a local fair housing advocacy organization that understands your state’s laws and protections.

You can locate fair housing advocacy organizations here: National Fair Housing Alliance Member Directory

These organizations may be able to:

• Explain your state and local protections

• Help document discrimination

• Provide advocacy support

• Connect you with legal resources

• Assist with filing complaints under state law

Disability Rights Organizations Can Also Help

People needing advocacy assistance around housing issues involving a current ESA may also benefit from contacting their state Disability Rights organization.

These organizations advocate for the rights of people with disabilities and may be able to assist with housing accommodations, discrimination concerns, and accessibility issues.

You can locate your state Disability Rights organization here: National Disability Rights Network Member Agencies

Why This Matters

For many people, emotional support animals are not simply “pets.” They provide critical emotional stability, comfort, and support that can help individuals navigate mental health conditions, trauma, neurological disabilities, and other challenges.

Housing stability matters. Disability rights matter. Access to advocacy matters.

As policies continue to evolve, education and community support remain essential tools for protecting both people and animals.

Take Action

1. To support struggling families and their pets, we advocate for stronger protections and provide a resource list of programs and services. Check out our Housing or Financial Insecurity advocacy page to learn more.

2. For more information, read National Low Income Housing Coalition's article on the update.

3. Subscribe to our e-newsletter to stay up-to-date on animal-related news in Ohio.