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HUD Updates Guidance on Emotional Support Animals (ESA)

  • HUD rescinded its 2020 guidance regarding emotional support animals under the Fair Housing Act.

  • HUD will now use the ADA definition of a service animal when investigating Fair Housing Act complaints.

  • Only animals individually trained to perform work or tasks related to a person's disability will be recognized by HUD for enforcement purposes.

  • Emotional support animals without specific training may no longer be the basis for a HUD Fair Housing complaint.

  • This does not change the law. Courts, state agencies, and local fair housing laws may still recognize emotional support animals differently.

  • NAR recommends caution: Housing providers should consult legal counsel or their state fair housing agency before changing ESA policies or denying accommodation requests.


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