HUD has narrowed its enforcement approach, while state civil rights agencies, including Maryland, Massachusetts, and South Carolina, have reaffirmed that their own disability accommodation protections remain in effect.
Emotional support animals in housing continue to be a topic of conversation. HUD’s change concerns how it handles certain complaints; it does not, by itself, change the Fair Housing Act.
For condominium, cooperative, and homeowners association leaders, this update offers background on the discussion at the federal and state levels. It is not a call for major changes to community rules or existing practices for reviewing emotional support animal requests.
Different agencies may approach this topic differently, as the state examples below illustrate. This article shares those developments without endorsing a policy position or recommending a particular outcome for an individual request.
This information is not legal advice. If questions arise about a specific request or community policy, your community association lawyer can help explain which requirements apply.
What changed at HUD?
On April 6, HUD published a formal notice withdrawing its 2013 and 2020 assistance-animal guidance. Those documents previously explained how housing providers should evaluate accommodation requests involving service animals and emotional support animals. HUD stated that the withdrawn documents should no longer be relied upon as authoritative.
On May 22, HUD issued a separate enforcement memorandum directing its Office of Fair Housing and Equal Opportunity to find reasonable cause and recommend charges in animal-accommodation cases only where the animal is trained to provide disability-related assistance. The memorandum adopts the training component of the Americans with Disabilities Act’s service-animal definition; emotional support or companionship alone does not meet that standard.
The memorandum does not amend the Fair Housing Act or eliminate an individual’s ability to pursue a private lawsuit. It also does not address how HUD will process complaints under Section 504 of the Rehabilitation Act or the ADA.
Maryland reaffirms emotional support animal protections
On September 8, the Maryland Commission on Civil Rights issued guidance responding directly to HUD’s enforcement change.
The commission explained that, under its interpretation and enforcement of Maryland’s Fair Housing Act, a reasonable accommodation may include an emotional support animal even when the animal has not been individually trained to perform a specific task.
Maryland housing providers may not adopt blanket policies rejecting emotional support animals. The commission will continue evaluating requests individually under state law. Its announcement also identifies documentation, fees and deposits, breed restrictions, and direct-threat assessments as issues addressed by its guidance.
This is a state agency’s interpretation and enforcement position, rather than a court ruling. For Maryland associations, it provides a clear warning against treating HUD’s memorandum as permission to automatically deny ESA requests.
Other states have affirmed continued protections
Maryland is not alone:
- Massachusetts: On July 31, the Massachusetts Commission Against Discrimination stated that Massachusetts law continues to protect individuals with disabilities who need assistance animals as a reasonable accommodation in housing. The state’s disability-rights guidance expressly includes emotional support animals and explains that they need not be trained.
- South Carolina: In an August statement, the South Carolina Human Affairs Commission confirmed that HUD’s enforcement change does not alter state protections. It continues accepting and investigating assistance-animal complaints, including those involving untrained ESAs, under South Carolina law. The commission specifically cautioned housing providers against changing accommodation practices in reliance on HUD’s memorandum.
- California: The California Civil Rights Department’s August 12 webinar addressed how HUD’s new guidance affects California protections. The department’s published housing guidance continues to recognize necessary emotional support animals as reasonable accommodations and distinguishes them from trained service animals. This reflects continuing state protections and education, rather than a newly identified court decision.
These examples are not an exhaustive list of states with ESA protections.
Further federal action is possible
HUD has announced plans for notice-and-comment rulemaking on animal-related accommodations. Its regulatory agenda lists the initiative as RIN 2529-AB14 / FR-6570, with the goal of closer alignment with ADA provisions. An agenda entry is a statement of planned action; it does not itself establish a new legal requirement.
This article provides general information. Associations should consult their legal counsel about specific accommodation requests and policy changes.
Here are direct links to related sources.
HUD actions
- April 6, 2026 Federal Register notice withdrawing the 2013 and 2020 guidance. The notice identifies September 17, 2025, as the effective withdrawal date.
- May 22, 2026 HUD enforcement memorandum—Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act. See particularly pages 4–6 for the new enforcement approach, private litigation rights, and planned rulemaking.
- HUD regulatory agenda entry: RIN 2529-AB14 / FR-6570, describing planned assistance-animal rulemaking.
Maryland
- September 8, 2026—Maryland Commission on Civil Rights reaffirms emotional support animal protections. This announcement expressly addresses HUD’s May memorandum and states that Maryland protections remain enforceable, including for animals without task-specific training.
Other states
- July 31, 2026—Massachusetts Commission Against Discrimination statement affirming continued assistance-animal protections.
- Massachusetts guidance on assistance animals, including untrained ESAs.
- August 2026—South Carolina Human Affairs Commission confirms state ESA protections remain unaffected. The release is dated August 5 within its text; the webpage displays August 13.
- California Civil Rights Department’s August 12, 2026 webinar addressing HUD’s new ESA guidance.
- California’s substantive housing guidance on service animals and emotional support animals. See the questions about reasonable accommodations and the difference between emotional support animals and service animals.
