Emotional support or assistance animals have been a source of confusion and conflict within HOA communities.
An emotional support/assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability. It may also provide emotional support that alleviates one or more identified effects or symptoms of a person’s disability.
Since a support animal is not a pet, HOA owners may be entitled to have the animal, even if the association has a no-pet policy or the animal is uncommon.
Why do HOAs have to consider a request for an assistance animal? It’s because of the Fair Housing Act. This act:
- prohibits discrimination in housing based on familial status
- requires housing providers to make reasonable accommodations for people with disabilities
- prohibits all forms of discrimination based on protected classes (race, age, gender, sexual orientation, etc.)
That means HOAs are legally required to make reasonable accommodations for someone with a disability.
But, in the middle of September, the U.S. Department of Housing and Urban Development (HUD), the entity that oversees fair housing guidelines, quietly issued a Notice of Withdrawal of Guidance regarding a number of fair housing rules and regulations, including some related to emotional support animals.
What has the HUD withdrawn?
Regarding emotional support animals, the HUD has withdrawn:
- FHEO 2020-01: Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (Jan. 28, 2020)
- FHEO Notice 2013-01: Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs (April 25, 2013)
The withdrawal is effective immediately. The HUD states that the listed guidance should not be relied upon while the review is ongoing.
Other guidance documents that have been withdrawn include:
- Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (January 22, 2007)
- Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real-Estate Related Transactions (June 10, 2022)
Why has this happened?
The HUD has reevaluated its role under the United States Constitution and Fair Housing Act. On September 16, 2025, it issued a document stating that the Office of Fair Housing and Equal Opportunity’s (FHEO) “must prioritize resources for cases with strong evidence of intentional discrimination.”
What does that actually mean? Experts suggest that the HUD guidance documents that were recently removed were taken away because the government believed that the documents were being used for “ideological” situations and not aligned closely enough with federal law.
The intent is to redirect resources to cases with very strong evidence of intentional discrimination.
What could this mean for HOAs and people with emotional support animals?
It is very important to state that these withdrawals are not necessarily final. We will share updates as they become available.
Furthermore, the removal of these guidance documents does not mean HOAs can engage in discriminatory conduct or otherwise violate the Fair Housing Act.
What it does mean is that the standardized process for reviewing emotional support and service-animal accommodation requests has been withdrawn.
Guidance on what documentation can be requested, and limits on disability disclosure, is no longer active.
The federal distinction between service animals and emotional support/assistance animals under the Fair Housing Act has also been removed. Without that guidance, there is a greater chance that assistance animals will be treated the same as service animals. This change has the potential to complicate the experience for people seeking equal access to housing who also require a service animal to help them live independently.
Finally, if an HOA denies an emotional support animal, the HUD is less likely to investigate or enforce a violation based on the old standards. That could create new frustrations and complications for owners and board members.
Conclusion
The new HUD guidance alterations are complex and not yet fully clear in their practical effect. Attorneys, community associations, and housing providers are still unclear what these changes will mean in day-to-day compliance and enforcement.
That said, associations should always try to make reasonable accommodations if allowing an emotional support animal will afford a person with a disability the equal opportunity to use and enjoy a dwelling.
