06/03/2026
HUD Changes Rules on Assistance Animals
June 03, 2026 | Texas REALTORS® Staff
The U.S. Department of Housing and Urban Development no longer requires landlords to waive pet policies for untrained emotional support animals.
HUD has determined that requests to waive pet policies for animals trained to perform specific disability-related services are reasonable, but requests to waive pet policies for untrained ESAs are not. HUD no longer expects housing providers to extend accommodations intended for trained assistance animals to untrained ESAs.
HUD will only investigate cases involving animals trained to provide disability-related assistance. Untrained emotional support animals will no longer be considered exempt from pet fees in rental property.
The Americans with Disabilities Act defines a service animal as “individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” To be a service animal, the tasks performed by the animal “must be directly related” to the disability. Providing emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
Going forward, HUD 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. Defining an assistance animal as an animal trained to assist with a disability is the best guarantee of evenhanded enforcement of the Fair Housing Act.
Absent guidance from federal or state authorities, Texas REALTORS® recommends a measured approach to working with tenants with ESAs. A lease is a legally binding document, so landlords may not immediately charge a tenant a pet fee or pet deposit if the lease already states none is required. Texas REALTORS® will continue to monitor HUD’s guidance but in the meantime property managers and landlords with questions about making changes to leases based on this guidance should speak with legal counsel who can advise them on the best way to proceed.
