What FHEO-2020-01 said
The notice, titled "Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act," gave housing providers a step-by-step framework. Key points included:
- Two types of assistance animals: service animals and support animals that do work, perform tasks or provide therapeutic emotional support
- Providers could request reliable documentation when a disability or need wasn't obvious
- Certificates or registrations bought online were not, by themselves, sufficient
- Providers should not charge deposits, fees or surcharges for assistance animals, but could charge for damage
- Requests for animals commonly kept in households, like dogs and cats, should generally be granted when a need was shown
The 2025 withdrawal
HUD withdrew eight fair housing guidance documents effective September 17, 2025, including FHEO-2020-01 and FHEO-2013-01, and published a notice in the Federal Register on April 6, 2026. The notice says the documents have been removed from active use and should not be relied upon as authoritative, and that guidance is non-binding and doesn't create substantive rights.
The same notice states that actions that don't comply with the text of the Fair Housing Act remain subject to enforcement, and that people may still file civil actions in court.
What still applies
Withdrawing guidance doesn't change the law. The Fair Housing Act still requires reasonable accommodations, and HUD's regulation at 24 CFR 100.204 still gives the example of a no-pets building that must allow a guide dog. The 2004 HUD and DOJ joint statement on reasonable accommodations, which addresses documentation, fees, direct threat and undue burden, was not on the withdrawal list.
State laws continue to apply too. Florida's statute, for example, spells out what documentation a provider may request for an emotional support animal and says online registrations aren't sufficient by themselves.
What it means for your request
In practice, housing providers may vary in their approach. On May 22, 2026, HUD issued enforcement guidance saying requests for animals individually trained to perform disability-related tasks, including psychiatric service dogs, are presumptively reasonable, while untrained emotional support animals are reviewed case by case; it sets no new documentation rule. You can still request a reasonable accommodation in writing, provide reliable documentation if your disability or need isn't obvious, and ask for any decision in writing.
If you believe your rights were violated, you can contact your state or local fair housing agency or HUD, or speak with a fair housing attorney. A PSD letter from a licensed clinician is one way to provide reliable information, but no letter can guarantee approval.
HUD assistance animal guidance FAQ
Is FHEO-2020-01 still in effect?
No. HUD withdrew it effective September 17, 2025, and said it should not be relied upon as authoritative.
Does the withdrawal mean landlords can refuse assistance animals?
No. The Fair Housing Act's reasonable accommodation requirement and HUD's regulation still apply. Only the interpretive guidance was withdrawn.
Can landlords now charge pet fees for assistance animals?
For a trained service animal, the HUD and DOJ joint statement, which wasn't withdrawn, says providers may not require extra fees or deposits as a condition of an accommodation. HUD's May 2026 guidance may allow fees for untrained ESAs. State law may differ.
Why do some websites still cite the 2020 notice?
Many pages were written before the withdrawal. It's still useful history, but it shouldn't be treated as current federal guidance.
Has HUD issued new guidance?
Yes. HUD's May 22, 2026 enforcement guidance treats trained task animals as presumptively reasonable and reviews untrained ESAs case by case. It sets no new documentation rule.
Does this affect air travel or public access?
No. Air travel is governed by DOT rules, and public access by the ADA, which doesn't require documentation for service dogs.
Sources
We cite government agencies, professional societies and peer-reviewed research. See our editorial policy.
- Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents (April 6, 2026)Federal Register (HUD)
- FHEO-2020-01: Assessing a Person's Request to Have an Animal as a Reasonable Accommodation (withdrawn 2025; historical)Animal Legal & Historical Center (historical copy)
- Joint Statement of HUD and DOJ: Reasonable Accommodations under the Fair Housing ActU.S. Department of Justice, Civil Rights Division
- 24 CFR 100.204 — Reasonable accommodationsLegal Information Institute (Cornell Law School)
- Florida Statutes § 760.27 — Prohibited discrimination in housing; emotional support animalsFlorida Legislature
- Enforcement Guidance: Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act (May 22, 2026)U.S. Department of Housing and Urban Development