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HUD has changed how it handles Emotional Support Animal (ESA) complaints
Before:
- A person with a disability could request an accommodation for an Emotional Support Animal, even if the animal had no special training.
- Housing providers (HOAs, landlords, condo associations, property managers, etc.) often had to allow the animal, even if there was a “no pets” policy.
Now:
- HUD says it will only investigate complaints involving animals that are individually trained to perform a task related to a disability (similar to a service dog under the ADA).
- Simply providing comfort, companionship, or emotional support is no longer enough for HUD enforcement purposes.
What is an Emotional Support Animal (ESA)?
An ESA is an animal that helps someone cope with:
- Anxiety
- Depression
- PTSD
- Other mental or emotional disabilities
Unlike a service dog:
- ❌ No special training is required.
- ❌ It may simply provide comfort by being present.
What is a Service Animal?
A service animal is:
- Individually trained
- Performs a specific task for a person with a disability
Examples:
- Guiding a person who is blind
- Alerting someone before a seizure
- Retrieving medication
- Assisting with mobility
These animals continue to receive strong legal protections.
What Changed?
OLD HUD Position (2020)
OLD HUD Position (2020)If someone had:
- a disability, and
- documentation showing they needed an ESA,
HUD would investigate if housing refused to allow the animal.
NEW HUD Position (May 2026)
HUD says:
We will not accept complaints involving emotional support animals unless the animal is individually trained to perform work or tasks related to the disability.
So HUD is now using the ADA definition of a service animal instead of the broader Fair Housing interpretation it previously used.
Does this mean landlords and HOAs can now ban ESAs?
No.
This is the most important part.
The guidance specifically says:
Housing providers should be careful before changing their policies.
Why?
Because:
1. Courts may still protect ESAs
Many courts have ruled that ESAs are protected under the Fair Housing Act.
HUD changed its enforcement policy.
Congress did not change the law.
2. State laws may still protect ESAs
Many states have their own fair housing laws.
Those laws may still require reasonable accommodation for emotional support animals.
3. Someone can still sue privately
Even if HUD won’t investigate:
- the tenant can hire an attorney,
- file a lawsuit,
- or file a complaint with a state agency.
Practical Example
Example 1
A condo has a strict “No Pets” rule.
A buyer has:
- anxiety,
- a letter from a licensed mental health provider,
- and an emotional support dog with no specialized training.
Before
HUD would likely investigate if the HOA refused the accommodation.
Now
HUD says it probably won’t investigate.
However:
- the owner may still sue,
- Hawaii fair housing laws may still apply,
- and a court could still rule in the owner’s favor.
What does this mean for Buyers?
If you are a Buyer:
“HUD recently changed its enforcement policy, but other laws and courts may still recognize emotional support animals. You should consult an attorney or the Hawaii Civil Rights Commission regarding your specific situation.”
for sellers, landlords, or associations:
Policies wont be immediately changed because of this announcement.
A safer approach is:
- Review existing accommodation policies.
- Consult legal counsel before denying an ESA request.
- Consider Hawaii law in addition to federal guidance.
Bottom Line
HUD changed its enforcement policy—not necessarily the law.
| Question | Answer |
|---|---|
| Are trained service animals still protected? | ✅ Yes |
| Will HUD investigate complaints about untrained ESAs? | ❌ Generally no |
| Can someone still sue over an ESA denial? | ✅ Yes |
| Can state fair housing agencies still enforce ESA protections? | ✅ Yes |
| Should HOAs and landlords immediately stop allowing ESAs? | ❌ No—legal advice is recommended first |
Until Hawaii issues its own guidance or courts address this change, the most conservative and lowest-risk approach as a Buyer or Seller is understanding and to continue treating ESA accommodation requests carefully and to seek legal advice before approving or denying them.
To contact Renee H. Kraft you can reach out via text/call 808-345-2108 or email renee@SearchHawaiiProperty.com.
Renee H. Kraft Luxury Top performing Hawaii State Broker born and raised on the island of Oahu named one of Hawaii State’s very best Realtors. She brings exceptional service to her clientele. Licensed professional Realtor in Hawaii Real Estate since 1992. She has the experience and tenacity to market effectively, negotiate, and focus with attention to detail every step of the way. Educated 7th – 12th grades at the La Pietra Hawaii School for Girls and the University of Hawaii Manoa campus with a B.A. in Psychology. She strives to continually keep up on the Hawaii economic forecasts and daily market activity. Technology driven Renee understands the importance of keeping her clientele in the loop on current market availablility and knowing the market inventory is 100% key to get her clients what they want. Extraordinary exceptional homes, estates, condominiums, and vacant land are her specialty. Integrity and honesty are just a fraction of what Renee shares with her clients and a very strong work ethic. Putting the client’s needs first utilizing the range of experience and knowledge, combined with a a huge amount of Aloha gives her great satisfaction that she can help her clients make sound and profitable real estate investments. Member Rotary Club of Kona -Accredited Buyers Representative (ABR) -Sellers Representation Specialist (SRS) -Graduate Realtors Instutute (GRI) -Resort and Second Home Property Specialist RSPS).
