Service Animals and Emotional Support Animals: A Landlord’s Guide
How to handle assistance animal requests in 2026, after HUD withdrew its 2013 and 2020 notices: what the law still requires, what you can ask, and state rules.
By Seayora Editorial Team · Published · Facts checked · 4 min read
Short answer: A landlord must still consider a request to keep an assistance animal as a reasonable accommodation under the Fair Housing Act, even in a no-pets building. HUD withdrew its 2013 and 2020 assistance animal notices in September 2025, so the detailed federal rules on documentation and fees now come from the statute, the regulation, the courts and state law, and each request should be decided individually and in writing.
Key takeaways
- The duty comes from 42 U.S.C. § 3604(f)(3)(B) and 24 CFR § 100.204, and neither was withdrawn.
- A service animal under the ADA is a dog, or in some cases a miniature horse, individually trained to do work for a person with a disability.
- When a disability or the need for the animal is not obvious, you may ask for reliable information supporting both.
- California and Florida regulate emotional support animal documentation directly.
What does the law still require?
The Fair Housing Act makes it discrimination to refuse “to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling” (42 U.S.C. § 3604(f)(3)(B)). HUD’s regulation implementing that duty is unchanged (24 CFR § 100.204). Waiving a no-pets rule or a pet fee for an animal a person with a disability needs is the classic example.
What changed in 2025 and 2026?
HUD withdrew FHEO Notice 2013-01 and FHEO-2020-01, the two documents that set out what a housing provider could ask for and said assistance animals could not be charged pet fees, effective September 17, 2025 (91 FR 17291). A later HUD enforcement memorandum said the agency would prioritize cases involving trained animals, send emotional support animal cases for case-by-case review, and write new regulations (HUD memorandum). The same memorandum notes that a renter may still sue in court within two years whatever HUD decides.
What is the difference between a service animal and an emotional support animal?
| Service animal (ADA) | Assistance animal (Fair Housing Act) | |
|---|---|---|
| What it is | A dog individually trained to do work or perform tasks for a person with a disability; miniature horses in some cases | An animal that does work or provides disability-related assistance or support, including untrained emotional support animals |
| Where it applies | Places open to the public, such as a leasing office | The dwelling and its common areas |
| What you may ask | Only whether the dog is required because of a disability and what work or task it is trained to perform | Reliable information supporting the disability and the need for the animal, when either is not obvious |
| Rule | 28 CFR § 36.104, § 36.302(c) | 42 U.S.C. § 3604(f)(3)(B), 24 CFR § 100.204 |
The Department of Justice explains the ADA rules in its service animal guide. A leasing office follows the ADA’s two-question rule even when the apartment itself is governed by the Fair Housing Act.
What can you ask for?
- If the disability and the need are obvious, such as a guide dog for a person who is blind, ask for nothing.
- If either is not obvious, you may ask for reliable information that the person has a disability and that the animal does work or provides support related to it.
- You may not ask for a diagnosis, medical records or details of the disability.
- A certificate, registration, patch or ID card bought online does not itself prove anything; several states say so in statute.
When can you deny a request?
A request can be denied when the specific animal poses a direct threat to the health or safety of others or would cause substantial physical damage to property that cannot be reduced by another reasonable accommodation, when the request would impose an undue financial and administrative burden, or when the person does not have a disability-related need. Decide on the specific animal’s behavior, not the breed, and offer alternatives before saying no. The tenant remains responsible for any damage the animal causes.
Which states have their own emotional support animal laws?
California requires a health care practitioner who writes emotional support dog documentation to hold an active license, include the license details, establish a client-provider relationship of at least 30 days and complete a clinical evaluation (Health & Safety Code § 122318; California Board of Behavioral Sciences).
Florida lets a housing provider request reliable information supporting a disability that is not readily apparent and the need for the specific animal, says an online registration is not by itself sufficient, and allows proof of licensing and vaccination (Fla. Stat. § 760.27). Falsifying ESA documentation is a second-degree misdemeanor (Fla. Stat. § 817.265). Other states have similar laws; check yours.
Frequently asked questions
Can I charge a pet deposit for an emotional support animal?
HUD withdrew its notice saying assistance animals may never be charged pet fees, but the accommodation duty remains and fee waivers are decided case by case. Many landlords continue to waive pet fees for approved assistance animals while charging for actual damage. Check your state’s law first.
Can I refuse a large dog breed?
Not because of breed alone. A request can be denied only if the specific animal poses a direct threat or would cause substantial damage that cannot be reduced, based on its own behavior.
Is an online ESA certificate enough?
A purchased certificate or registration does not by itself establish a disability or need. You may ask for reliable information, often a letter from a health care professional who knows the person.
State-by-state rules
- How much can a landlord charge for a security deposit? — compared across 29 states and the District of Columbia
Sources
- 42 U.S.C. § 3604, Discrimination in the sale or rental of housing, Legal Information Institute
- 24 CFR § 100.204, Reasonable accommodations, eCFR
- Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents, 91 FR 17291, Federal Register
- Enforcement Guidance on Assessing Requests for the Use of an Animal as a Reasonable Accommodation, HUD
- 28 CFR § 36.104, Definitions (service animal), eCFR
- 28 CFR § 36.302, Modifications in policies, practices, or procedures, eCFR
- ADA Requirements: Service Animals, U.S. Department of Justice
- California Health and Safety Code § 122318, California Legislative Information
- Emotional Support Dogs: FAQ for licensees, California Board of Behavioral Sciences
- Florida Statutes § 760.27, The Florida Senate
- Florida Statutes § 817.265, The Florida Senate
How Seayora helps
Fair housing tools: Record each accommodation request, your answer and the reason, so every decision is consistent and documented.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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