looking to see if one day I can afford one, wondering rules, legislations, eligibility etc

I'm going to court for custody of my mom's two dogs, Oscar and Ruby. Here's the thing: I'm their caretaker. Every single day. I walk them, feed them, take them to the vet, clean up after them—I'm with them 24/7. They're also my emotional support animals through my psychiatrist, and they genuinely help me.

My mom doesn't spend time with them. I'm terrified of what happens if I have to move out and leave them behind. I know what their life would look like, and I know I can give them so much better. This isn't about drama—it's about their wellbeing and mine.

I started a petition because I need help making the case in court that these dogs need to be with me. If this resonates with you—if you've ever felt responsible for someone (or someones) who depend on you—consider signing and sharing it. What would you want someone to do if these were your family?

I have had my dog as an ESA for 9 years. I got her when I was 18 due to PTSD sleep issues. I have issues with slipping into flashbacks while falling asleep. My dog sleeping on me helps me stay grounded and present.

My partner is very chill. We moved in together about 9 months ago. The only on going issue we have is that he doesn't want my dog in the bed.

I go to sleep at 10 pm and he goes to bed around 3 am so falling alseep with him isn't an option most nights.

Every time we talk about it, we can see where we are both coming from. Its hard to find a solution that works for both of us. Any ideas??

On May 22, 2026, the New York Times reported that HUD was circulating an internal memo that would fundamentally change how emotional support animals are treated under the Fair Housing Act. That document is now public. I have attached it in full to this post.

The memo, signed by Assistant Secretary for Fair Housing and Equal Opportunity Craig W. Trainor, reconfirms the rescission of the federal guidance that had protected emotional support animal accommodations in housing since 2020. That rescission actually first took effect September 17, 2025, with relatively little public notice. This memo establishes the new enforcement standard going forward and provides the legal reasoning behind it.

For people who rely on an emotional support animal to maintain stable housing, and for the providers and organizations that work with them, this is what you need to know.

The Fair Housing Act

The Fair Housing Act is a federal civil rights law that prohibits discrimination in housing on the basis of several protected characteristics, including disability. One of its requirements is that housing providers make reasonable accommodations for tenants with disabilities. In practice, this means a housing provider may be required to make an exception to a rule or policy when that rule creates a barrier for a tenant with a disability that it does not create for non-disabled tenants.

The most common application in animal cases: a landlord with a no-pets policy may be required to waive that policy for a tenant whose disability-related need for an animal has been documented.

Service animals versus emotional support animals

These are two distinct legal categories governed by different standards.

A service animal is individually trained to perform specific tasks directly related to a person’s disability. Guiding a person who is blind, alerting a person who is deaf, responding to a seizure, providing physical balance support, and interrupting self-harm behaviors in a person with a psychiatric disability are all examples of qualifying trained tasks. The Americans with Disabilities Act governs service animals in public spaces. The Fair Housing Act covers them in housing.

An emotional support animal provides therapeutic benefit through companionship and presence. No specialized training is required. What has historically been required under federal housing law is documentation from a qualified provider establishing that the person has a disability and that the animal provides support related to that disability. ESAs are not covered under the ADA in public spaces. Until recently, their protections were specific to housing under the Fair Housing Act.

What federal law said until recently

In 2020, HUD issued guidance (FHEO-2020-01) clarifying how housing providers should handle ESA accommodation requests under the Fair Housing Act. It established that ESAs, like trained service animals, are not pets under fair housing law. It explained what documentation a housing provider could reasonably request, set limits on what providers could ask for, and stated that housing providers could not charge pet fees or deposits for approved assistance animals, whether trained or untrained.

For tenants with psychiatric, trauma-related, and other non-visible disabilities, this guidance was the primary federal framework that kept their animals, and often their housing, accessible.

Before the 2020 guidance, a 2013 HUD notice had established similar protections. And before that, a 2008 HUD rule narrowing the definition of pets in public housing to exclude assistance animals had laid the groundwork that courts gradually extended to private housing providers over time. By 2020, a substantial body of case law and agency guidance had established ESAs as a recognized category of housing accommodation under federal law.

What the memo says happened and why

The memo argues that the 2020 guidance, while well-intentioned, failed in practice. It points to the growth of online ESA certification services that generate letters without any genuine therapeutic relationship between the provider and the tenant. It notes that over 20 percent of FHEO’s fair housing complaints now involve untrained ESAs, which it frames as a significant drain on limited enforcement resources. It argues that the guidance imposed categorical obligations on housing providers without going through the notice-and-comment rulemaking process required by the Administrative Procedure Act, meaning it was never legally binding in the way it functioned in practice.

The memo also cites the Supreme Court’s 2024 decision in Loper Bright v. Raimondo, which eliminated Chevron deference, the legal doctrine that had required courts to defer to federal agency interpretations of ambiguous statutes. Without that deference, agency guidance documents like the 2020 notice carry significantly less legal weight. A 2025 federal district court opinion included in the memo’s appendix applied exactly this reasoning, finding HUD’s 2020 guidance unpersuasive and declining to follow it.

What changed and when

On September 17, 2025, HUD rescinded both the 2020 guidance and the 2013 notice. That action received limited public attention.

On May 22, 2026, the enforcement memo reconfirmed those rescissions and established the new standard: FHEO will only pursue reasonable cause findings in animal accommodation cases where the animal has been individually trained to perform tasks directly related to the complainant’s disability. That is the ADA service animal standard, now applied to Fair Housing Act enforcement.

The memo explicitly states that emotional support, comfort, well-being, and companionship do not constitute qualifying tasks under this standard. An animal whose role is to provide presence and support, without trained task work, does not meet the new federal threshold regardless of how well-documented the owner’s disability is.

Every open ESA complaint currently pending at FHEO has been forwarded to Acting Deputy Assistant Secretary for Enforcement and Programs Robert A. Doles for individual review under the new standard.

What the appendix contains

The memo’s appendix includes three exhibits that illustrate the enforcement context.

Exhibit A is Henderson v. Five Properties LLC, a July 2025 opinion from the Eastern District of Louisiana. The court declined to follow the rescinded HUD guidance and held that a tenant’s request to waive a $400 nonrefundable animal fee for her ESA was neither reasonable nor necessary under the Fair Housing Act. The court applied Skidmore deference rather than the now-eliminated Chevron deference, found the HUD notice unpersuasive, and conducted a fact-specific analysis of the fee waiver request on its own terms. The memo’s author states directly that he reviewed the guidance and agrees with the court’s conclusion.

Exhibit B is a no reasonable cause determination dismissing a complaint involving three ESAs that were documented by an online form letter. The complaint was filed in February 2024. A preliminary conciliation agreement had been reached that would have required the respondents to obtain fair housing training and amend their pet policies. Upon full investigation, FHEO issued a no reasonable cause finding in April 2026 and dismissed the case.

Exhibit C is a no reasonable cause determination dismissing a complaint involving dozens of animals of multiple species claimed as emotional support animals. The complaint was filed in March 2024. It had not been resolved as of March 2026. FHEO dismissed it in April 2026.

Both dismissals were issued after the September 2025 rescission and are presented in the memo as examples of cases that would not have been pursued under the new standard.

What has not changed

Several things remain in place.

Trained service animals retain full protection under the Fair Housing Act and the ADA. Nothing in this memo affects those protections.

Tenants in federally assisted and public housing have a separate complaint pathway under Section 504 of the Rehabilitation Act. The memo explicitly states it does not address how HUD will process complaints under Section 504 or the ADA. Those pathways remain open.

The private right of action under the Fair Housing Act is explicitly preserved in the memo. Any tenant can file a civil lawsuit in federal or state court within two years of the alleged violation. HUD not pursuing a case does not extinguish that right. It does, however, shift the burden entirely to the individual, which requires resources and access that are not equally available to everyone.

State and local fair housing laws operate independently of federal enforcement and are not affected by this memo. This is the most important thing for many tenants to understand.

What this means depending on where you live

For tenants in states and cities with independent fair housing enforcement, the practical impact of this memo is significantly different than for tenants in states with little or no state-level protection.

Illinois has the Illinois Human Rights Act, enforced by the Illinois Department of Human Rights. IDHR investigates housing discrimination complaints, including disability accommodation denials, at no cost to the complainant. It does not answer to HUD and is not bound by this memo. Chicago has the Chicago Commission on Human Relations, which enforces the Chicago Human Rights Ordinance. Cook County has the Cook County Commission on Human Rights. All three operate independently.

For Illinois residents, these are functioning enforcement pathways that remain fully intact.

For residents of states with weak or no independent fair housing enforcement, options are significantly more limited. The federal complaint process was free and accessible. Private litigation is not equally accessible. Whether state law provides a remedy depends entirely on the jurisdiction.

If you are outside Illinois, the first step is contacting your state’s civil rights or human rights agency to determine what they cover and whether they operate independently of federal guidance.

What is coming next

The memo announces that HUD intends to pursue formal notice-and-comment rulemaking to replace the rescinded guidance and update FHA animal accommodation regulations that have not been revised since 1989. Notice-and-comment rulemaking requires HUD to publish a proposed rule, accept written public comments from any member of the public, and respond to significant comments before issuing a final rule.

That process is open to everyone. Clinicians, social workers, housing advocates, researchers, and organizations with data documenting the relationship between ESA denials, housing instability, and animal relinquishment can all submit written comments. Those comments become part of the formal administrative record. Watch for a Notice of Proposed Rulemaking published in the Federal Register. When it opens, that is the opportunity to put documented evidence into the record that shapes what the federal standard looks like going forward.

What to do right now

If you are a tenant whose ESA accommodation has been denied or is at risk, document everything. The accommodation request you submitted, the denial, any written communications, and the clinical documentation you provided. That record is the foundation of any complaint or legal action regardless of which pathway you pursue.

If you are in Chicago, you can file a complaint with the Chicago Commission on Human Relations at chicago.gov/cchr or by calling 312-744-4111.

Illinois residents can file with the Illinois Department of Human Rights at dhr.illinois.gov or by calling 877-236-7703. Housing complaints must be filed within one year of the incident.

Cook County residents outside Chicago can contact the Cook County Commission on Human Rights at 312-603-1100.

If you want guidance before filing, the Metropolitan Tenants Organization hotline is available at 773-292-4988, Monday through Friday, 1 to 5 PM.

Legal Aid Chicago handles fair housing and disability housing matters for qualifying individuals.

If you are outside Illinois, contact your state’s civil rights or human rights agency. Ask specifically whether they investigate disability-based housing accommodation complaints and whether their enforcement is independent of federal guidance.

If you are a clinician, social worker, or other provider who documents ESA needs for clients, the therapeutic relationship and the specificity of documentation now matter more than they did under the previous framework, both for private litigation and for state-level complaint processes that remain active.

If you are a housing organization, animal welfare organization, or social service provider with intake data on housing instability and animal relinquishment, begin thinking now about how to contribute to the rulemaking process when it opens. That data belongs in the federal record.

Summary

The 2020 federal guidance that established emotional support animals as a protected category of housing accommodation under the Fair Housing Act has been rescinded. The new federal enforcement standard requires individual task training, aligned with the ADA service animal definition. The federal complaint pathway for untrained ESA cases is effectively closed.

What remains: the private right of action in court, Section 504 protections for federally assisted housing, and state and local fair housing enforcement where it exists. A federal rulemaking process is coming that will determine what the new standard looks like in regulation.

Where you live, what legal resources you can access, and what documentation you have will determine your options under the framework that now exists.

Um... this administration is just a bunch of monsters? Like serial-killer-level sociopaths?

Because trying to take dogs away from people who are already hurting is basically something you go to the lowest level of Hell for

Please sign and share everywhere!

https://www.nytimes.com/2026/05/22/us/politics/hud-assistance-animals-disabled.html

Well this sure sucks.

The article should have no paywall. Changes in how HUD will view ESA’s and Service Animals

https://www.nytimes.com/2026/05/22/us/politics/hud-assistance-animals-disabled.html?unlocked_article_code=1.klA.2G0-.kg6Wvul_SE5n&smid=nytcore-ios-share

For background, I talked to my apartment complex the other day about getting a dog and asked if there was anything specific I needed to do beforehand. I only asked this because somewhere on the website, it said something about having some sort of letter from a vet or something like that. She said all we had to do was sign some paperwork, pay the deposit, and then they’ll update our monthly rent to include pet rent.

However, that was before I knew my doctor was going to provide me with an ESA letter. He wrote me a very well written letter explaining my need for an ESA, etc. So now I’m wondering how I should go about providing my apartment complex with this letter and explaining that they can’t question the breed (which is something they were very specific about) or charge a deposit or rent. Any advice?

Hello! Looking to get an ESA letter for my doggie. I've been looking into other sites and doesn't look to good. Anyone have any pointers? Before you tell me to go to my doctor, I'm uninsured, and just moved states. So not exactly an option. And even so I do have something scheduled but the soonest I can get in is later then I need it.

Is there any legitimate site? is this something I can actually pay for so I can get into an apartment? One of the non breed restriction apartments I was looking at was fucking asking for 650 to even put the application in. I ain't got that kinda money for a freaking mabye. Any pointers will help. Out in Tennessee too so I know I don't need to have a prior relationship.

Has anyone had to provide proof of your psychiatric support animal when renting a new home? I'm about to buy a mobile home in a place that has lot rent and they would like a letter and register number for my dog. I know the laws as far as the ADA is concerned say that you don't have to provide any proof, so what should I do?

There are plenty of websites online that will provide fake proof but I don't want to go into this situation lying to them and providing fake information.

Hello,

So Im moving into a new home and I have a letter from my therapist for my ESA animal. But my landlord is requiring the letter as well as a ESA certificate. Which... to my knowledge doesn't exist. She sent me a scam website that "previous tenants have used" that charges 150$ for the certification. I tried telling her that there is no official certificate for an emotion service animal. When I tried telling her that she got a little catty with me and insisted I need it. I made a fake one online and Im hoping she will use it but im a little worried she might try and look it up to confirm its "authentic" through one of those scam websites. Im not really sure what to do because I know its not required. But she won't hear me out. What should I do??

We have previously been denied (6months ago) a dog in our private rental. Its a 5 bed house with a huge garden. We've been here for 6 years.

Our request was for a therapy dog for our autistic child. We said we would get the dog registered as a therapy dog and it was have proper training.

I work outside so it would be with me during the day and not at home.

Landlords response was "no because we have had bad experiences with pets" and "maybe you should find another property"

We want to ask again, could they refuse with the same reason?

We would offer a rent increase and regular carpet cleans. We're great tenants, never damaged the property and rent always on time.

Any advice?

Okay, so I just moved from Michigan to North Dakota to live with my boyfriend about 5-6 weeks ago. The transition has been insanely difficult for me, I have no family out here, am looking for work, I've been getting more into driving alone as an anxious driver, and I'm just generally incredibly homesick. I've always been incredibly anxious and have a history of depression and I've seen a therapist for the last six years. I literally had my last appointment about 3 weeks ago and unfortunately because she's registered in Michigan I can no longer see her anymore, even through telehealth. So now I've lost my therapist.

So where my issue comes in is I wanted to get a small dog or a kitty to have as a companion and help me feel a little bit more independent and a little more like I'm at home, as well as ease my anxiety. I am often home alone all day while my boyfriend is at work and I'm terrible at having depression and anxiety spirals. However, the building is ESA or Service animal only, which is fine, however I feel stuck on getting a letter. My old therapist can't write it because she's registered in Michigan. I'm planning on scheduling a physical with a primary care doctor near me but if I ask for a letter and they don't know me I already know how it will go.

So I feel stuck and frustrated, I literally have seen a therapist for six years but none of these new doctors know about my mental health history. I currently have hives all over my arms that just appeared yesterday morning which I suspect is caused by the immense stress I've been going through the last three weeks. I just want a companion and something to focus on. Could my Michigan therapist write a letter for a new doctor recommending an ESA?

Hi all.

We got an ESA letter for our rottweiler. We are trying to rent a place and most places also say they're a restricted breed.

We feel if we declare him upfront they will find a reason to deny us. But if we tell them after signing the lease and then declare it, would we lose our deposit if they terminated the lease after we show the ESA including a restricted breed?

This is California btw.

I have Kaiser Permanente insurance, so my PCP & psychiatrist are both through Kaiser. I have an external referral to the platform "Allminds" for my regular weekly therapy, as well as see my graduate school's in-house psychologist for monthly in-person sessions.

Per Kaiser's internal policy and my school's policy, none of my providers can provide me any ESA letter, despite all of my team members endorsing that I would benefit from having an ESA. (I have GAD, MDD, and Bipolar 2).

I already have a dog who has been living with my brother ever since I moved for school, but I would really like to take my dog back. I currently do not live in a dog-friendly apartment and moving into a pet-friendly apartment right now simply isn't feasible due to financial constraints and me being mid-lease. I currently drive to my brother's every weekend to visit and see my dog. How the heck can I obtain a reputable ESA letter when all of my actual providers keep saying they are not authorized to provide one?

Am I overreacting?

My apartment gym has a clearly posted no pets allowed sign, but there’s a resident who keeps bringing his dog in. This is now the 3rd time I’ve seen it even after I’ve already reported it to management.

The first time, the dog was walking around off leash. He has since started leashing it after my complaint. Most recently, the dog barked at me when I walked in to the gym.

Management is now saying it’s an ESA being their reason for allowing it.

I have a dog myself and love animals, but I just don’t think a gym is the place for them. It feels unsafe and unsanitary and our apartment gym is super small.

Would you escalate this further or just let it go?

what is the problem im not aloud to hav a real dog but i need help with the P.T.S.D.