By: Susan M. MacLean, Esq.
On May 22, 2026, the U.S. Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity (FHEO) issued an enforcement guidance memorandum that has quickly become a major talking point for housing providers nationwide stating:
“Effective immediately, for all complaints related to animal-related reasonable accommodations, FHEO will find reasonable cause and recommend charges only for those cases involving animals trained to provide disability-related assistance.”
In practical terms, emotional support animals (ESAs) not trained to do specific tasks will no longer trigger federal enforcement actions under FHEO. However, the memo does not amend the statute, bind courts or private litigants, or alter obligations under California law.
Key Points from California Civil Rights Department (CRD) Published Guidance:
- “Refusing to allow necessary service animals or emotional support animals is illegal discrimination.”
- “Housing providers (including HOAs) must make reasonable accommodations in rules, policies, practices, or services where necessary to provide a disabled person equal opportunity to use and enjoy a dwelling.”
- “Service animals and emotional support animals are not subject to breed, size, or weight restrictions ordinarily applied to pets, and tenants cannot be charged pet deposits or pet rent for them.”
HOAs must provide reasonable accommodations for ESAs when a disability-related need exists (subject only to the standard exceptions of undue burden, fundamental alteration, or direct threat based on specific evidence). No training requirement exists under California law for ESAs and blanket policies that treat ESAs as ordinary pets are subject to legal challenge.
While the new HUD memo means that federally you now face a substantially lower risk that HUD will pursue a claim regarding an untrained ESA, it does not rewrite the playbook in California and we recommend that you:
- Promptly engage in the interactive process upon receiving a request.
- Limit verification questions to whether the person has a disability and whether the animal is needed because of that disability.
- Grant the accommodation unless you can demonstrate undue financial or administrative burden, fundamental alteration of the housing program, or a direct threat to health or safety based on specific evidence about the particular animal.
- Apply the same standards consistently, whether the request involves a unit or, where appropriate, common area access, and thoroughly document the interactive process and your decisions.
Our office is available to assist with policy updates, pending requests, or additional communications to owners.
Susan M. MacLean, Esq. is an associate attorney with Beaumont Tashjian, specializing in real estate law, providing general counsel on dispute resolution, enforcement, contracts, and governing document redrafting.
