HUD Updates Guidance on Emotional Support Animals (ESA)

Aug 27

1 min read

HUD rescinded its 2020 guidance regarding emotional support animals under the Fair Housing Act.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