NAR on ESA emotional support animal, fair housing, HUD update
On May 22, 2026, the U.S. Department of Housing and Urban Development (HUD) issued new guidance concerning its enforcement of emotional support animal (ESA) complaints under the Fair Housing Act (“the Act”). For decades, and most recently in 2020, HUD made clear through its fair housing enforcement actions and official guidance that ESAs needed by people with nonphysical disabilities are covered by the Act’s reasonable-accommodation mandate. HUD’s May 2026 guidance rescinds its 2020 statement on ESAs and announces that it will no longer accept complaints from individuals whose emotional support animals are not “individually trained to perform work or tasks directly related to the person’s disability.”
We have published NAR’s FAQs on HUD’s May 2026 guidance. It includes the reminder that private litigants and state agencies may still file such cases and that localities have their own fair housing laws that are enforced independently of HUD.
Posted by: Byron King on 8/7/26 (This information is only accurate as of 8/7/26. You must contact SCR for updates and changes to this information after 8/7/26, as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.