An ESA letter can still support a housing request, but it carries less federal weight than it did. HUD withdrew its 2020 assistance animal notice, and since May 22, 2026 it pursues animal accommodation cases only when the animal is individually trained, saying requests for untrained ESAs are not presumptively reasonable. The Fair Housing Act, private lawsuits and state laws remain, so for an emotional support animal your state's law now decides most of the answer.
What changed at HUD (the 2025 withdrawal and the 2026 memo)
- September 17, 2025: HUD withdrew FHEO-2020-01, the 2020 notice many ESA sites still quote, along with its 2013 assistance animal notice. The Federal Register notice, published April 6, 2026, says these documents "should not be relied upon as authoritative."
- May 22, 2026: HUD's Assistant Secretary for Fair Housing issued an enforcement memo. Its key lines:
"I am permanently rescinding FHEO's 2020 notice regarding assistance animals."HUD FHEO enforcement guidance, 2026-05-22
"While requests to waive pet policies for animals trained to perform specific disability-related services are presumptively reasonable, requests to waive pet policies for untrained ESAs are not."HUD FHEO enforcement guidance, 2026-05-22
Open ESA cases at HUD were sent to headquarters for a case-by-case decision. The memo does not include a list of questions landlords may ask, a documentation standard or a fee rule. HUD says it plans formal rulemaking to bring its rules closer to the ADA's.
What did not change: the Fair Housing Act, lawsuits and state law
- The statute. Refusing "reasonable accommodations in rules, policies, practices, or services" that a person with a disability may need is still discrimination under 42 U.S.C. 3604(f)(3)(B).
- Private lawsuits. "Nothing in this enforcement guidance affects the rights of parties to seek redress through a private action in court." Complainants can still sue within two years.
- State law. Law firm readings of the memo agree state and local laws are unaffected. Colorado went further and passed HB26-1045 to "restore the rescinded federal guidance by codifying it in state law". It presumes that allowing an assistance animal, including an ESA, is a reasonable accommodation once the landlord has had the chance to engage in an interactive process, and presumes a complete ban on assistance animals is discriminatory.
- Assisted housing. In HUD-assisted housing for elderly or disabled people and in public housing, pet policies may not be applied to animals "necessary as a reasonable accommodation to assist, support, or provide service to persons with disabilities" (24 CFR 5.303).
How to make a request to a landlord
- Ask in writing before the animal moves in if you can, and keep a copy.
- Say it is a reasonable accommodation request for a person with a disability, and name the rule you are asking to change (a no-pets rule, a weight limit, pet rent).
- Include or offer documentation from your own provider if your disability or need is not obvious. The letter's contents are covered in ESA letters.
- Check your state's rules before you rely on an old or out-of-state letter.
- Be ready for questions, and answer the ones the law allows.
What a landlord may ask for
No current HUD document answers this directly. The still-posted 2004 HUD and DOJ Joint Statement says a provider may request reliable information that verifies the disability, describes the accommodation and shows the link between them, and that medical records or detailed information about the disability are usually not necessary. State laws fill in the rest:
- Florida: the landlord "may not require the use of a specific form or notarized statement".
- Montana: no diagnosis, severity or medical records; the landlord may require proof of licensing and vaccination.
- Minnesota: documentation from a licensed professional, no medical records, and none at all if the need is readily apparent.
- Kentucky: the landlord "may independently verify the authenticity of any supporting documentation".
- Nevada: NRS 118.105 says proof may be "a statement from a provider of health care that the animal performs a function that ameliorates the effects of the person's disability."
Our reading, not a rule: under HUD's new enforcement approach, a landlord may also ask what the animal is trained to do.
Does an ESA letter waive pet rent or a pet deposit?
In several states, yes, by statute or regulation. Federally, it is less settled than it used to be.
- California (2 CCR 12185): no "pet fee, additional rent, or other additional fee, including additional security deposit or liability insurance". Damage beyond ordinary wear and tear may be charged.
- Virginia (36-96.3:1): no "pet fee or deposit or any additional rent", but the tenant is responsible for physical damage if pet owners are.
- Kentucky, Florida, Wisconsin and Minnesota also bar extra charges for assistance animals.
- Federally, the 2004 Joint Statement says providers "may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation", but a federal court in Louisiana found that position "unpersuasive" in 2025 (Henderson v. Five Properties), while saying it was "not holding that animal fees can always be enforced against someone with an ESA". HUD attached that case to its memo.
Every source we found lets a landlord charge for actual damage your animal causes.
States with their own ESA housing rules
The states whose ESA letter or housing rules we verified: California, Colorado, Florida, Iowa, Kentucky, Louisiana, Minnesota, Missouri, Montana, Nevada, North Dakota, Arkansas, Tennessee, Virginia and Wisconsin. Each has its own page in our state laws index. Many of these also penalize false documentation. North Dakota lets a landlord evict and collect a damage fee of up to $1,000 over false documentation, and Minnesota lets a landlord deny the application or request.
If you're denied
- Ask for the reason in writing.
- Fix what you can: a letter that meets your state's rules, or proof of licensing and vaccination.
- If your dog is trained to perform a task, make that clear. HUD still treats trained animals as presumptively reasonable. See service dogs in apartments.
- Contact your state or local fair housing agency, or a lawyer. You can still file a HUD complaint, but HUD will find cause only for trained animals.
More options in can a landlord deny an emotional support animal?
Common questions
Is an ESA letter still valid for housing in 2026?
It can still support a request, especially where state law protects ESAs. HUD itself now pursues cases only for trained animals.
Does an ESA letter waive pet rent?
In California, Virginia, Kentucky, Florida, Wisconsin and Minnesota, state law bars extra charges for assistance animals. Elsewhere it is less settled after a 2025 federal court decision.
Can my landlord charge me for damage my ESA causes?
Yes. Every source we found allows charges for actual damage, usually on the same terms as other tenants.
Does HUD still require landlords to accept ESAs?
HUD no longer treats untrained ESA requests as presumptively reasonable and has rescinded its 2020 notice. The Fair Housing Act and state laws still apply.
Does a registration or ID card count as an ESA letter?
No. Florida and Montana say a registration, ID card, patch or certificate is not enough by itself.
What are ESA requirements for apartments?
There is no single list. Your state's law, your landlord's reasonable questions and, where needed, documentation from your own provider decide it.
Sources
- HUD FHEO enforcement guidance on animal accommodations, 2026-05-22
- Federal Register, withdrawal of FHEO guidance documents (FR Doc. 2026-06624)
- 42 U.S.C. 3604, Fair Housing Act
- HUD/DOJ Joint Statement on Reasonable Accommodations (2004)
- Colorado HB26-1045
- California 2 CCR 12185
- Virginia Code 36-96.3:1
- Duane Morris, HUD's 2026 guidance and emotional support animals (2026-06-12)
General information, not legal advice. Policies and laws change; follow the sources. Last checked September 25, 2026.