Where federal law stands now
Two changes matter. HUD withdrew its long-standing assistance-animal guidance in September 2025, then in May 2026 adopted the ADA's “individually trained” standard for deciding which housing complaints to pursue.
The FHA's reasonable-accommodation duty
Your private right of action — two years, state or federal court
Courts are not bound by HUD's enforcement posture
Trained assistance animals are presumptively protected
All state and local law
That HUD will pursue a complaint over a denied untrained ESA
That landlords are federally expected to waive pet fees for one
That breed and size restrictions cannot be applied federally
The reasonable accommodation request
A reasonable accommodation is a change to a rule, policy or practice so that a person with a disability has equal opportunity to use and enjoy a dwelling. For an assistance animal, that usually means an exception to a no-pets policy. You do not need a special form or magic words: you need to communicate that you have a disability and a disability-related need for the animal, with documentation from a licensed clinician where the disability isn't obvious.
Confirmation of a disability-related need, where the disability is not readily apparent
Reliable documentation from a licensed clinician who has actually evaluated you
Reasonable engagement — clarifying questions answered through your documentation
Your full medical records
A specific diagnosis or details of your treatment
A registry certificate — no official registry exists
An appearance to “explain your condition”
How to write the request, with a template: the full walkthrough →
When a landlord may say no
Even at the high-water mark of ESA protection, a housing provider could refuse in defined circumstances. Those grounds have not narrowed — denials should rest on the individual animal's actual conduct, not on breed, size or general assumptions.
Direct threat
The specific animal poses a threat to health or safety that can't be reduced by another accommodation.
Substantial property damage
The specific animal would cause serious physical damage, beyond ordinary wear.
Undue burden
The accommodation would impose a genuinely significant financial or administrative burden, or fundamentally alter operations.
Exempt property
Commonly owner-occupied buildings with four or fewer units, and single-family homes rented without a broker.
Denied? The five-step action plan: what to do next →
Pet rent and deposits: the area that changed most
Federally, HUD no longer expects housing providers to waive pet fees and deposits for untrained emotional support animals. Several states still prohibit those charges under their own fair-housing laws. In those states the answer is unchanged; in states without an independent provision, a landlord now has considerably more room.
Before you agree to pay, check your state →Florida, California and others: barred by statute. Largely what it was in 2024.
Request the waiver as part of the accommodation; negotiate; the private claim remains.
Most people aren't. Find your state →
Every housing situation, covered
Landlord denied your ESA
The five-step action plan →
Pet rent and deposits
The area that changed most →
Writing the accommodation request
Template and walkthrough →
No-pet policies
What an exception request means →
HOAs and condos
Boards have the same duties →
College and university housing
Dorms and campus rules →
The 2026 HUD change in full
The authority explainer →
Common questions
Current as of August 24, 2026.
Do I still have ESA housing rights in 2026?
Yes, but the shape changed. The Fair Housing Act's reasonable-accommodation duty is intact and you can still bring a private claim. What you lost is HUD's presumptive administrative backing for untrained animals. In states with their own assistance-animal protections, very little changed in practice.
Can my landlord charge pet rent for my emotional support animal now?
Federally, HUD no longer expects landlords to waive those fees for untrained animals. Some states still prohibit them. It now depends on where you live and on your lease.
Does my landlord have to accept my ESA letter?
A letter has never compelled acceptance. It is evidence supporting a request. The landlord must consider the request and may deny it only on lawful grounds, and in many states must engage in an interactive process rather than simply refuse.
What if my landlord ignores my request?
Silence can itself be a problem for a housing provider. Put the request in writing, keep copies, and if there's no response, contact a fair-housing organization in your state or your state civil-rights agency.
Does this affect an accommodation I already have?
Not automatically. An accommodation already granted is part of your tenancy. If your landlord tries to reverse it, get the reason in writing and seek advice before agreeing to anything.
Do I need a new letter because of the 2026 change?
Not because of the change itself; your letter didn't expire. But some states require documentation to be recent, and if yours is more than a year old or was issued by someone not licensed in your state, it's worth reviewing.
Start with your state
Federal enforcement narrowed; your state's law didn't. The clearest picture of your position starts with where you live.