“Effective immediately, HUD no longer expects housing providers to treat emotional support animals (ESAs) the same way as trained service animals. Moving forward, FHEO will find reasonable cause against housing providers only in cases involving animals that are trained to provide disability-related assistance. The memorandum borrows the ADA’s training concept as a guide, but it also makes clear that an FHA accommodation may involve a trained animal other than a dog.” …
“While the HUD memorandum is an important development, it is not HUD’s final word. HUD says it intends to pursue notice and comment rulemaking to update its decades-old housing regulations and harmonize them with the ADA to the extent possible. Further, despite its narrowed focus, HUD clarifies that its May 22, 2026, guidance does not address how the department will process complaints under Section 504 of the Rehabilitation Act or the ADA and it does not eliminate a complainant’s right to file a private lawsuit.”