Fair Housing Act and psychiatric service dogs

Fair Housing Act assistance animal rules

The Fair Housing Act makes it unlawful to refuse "to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling" (42 U.S.C. 3604(f)(3)(B)). HUD's regulation at 24 CFR 100.204 repeats this rule and gives the example of a blind applicant who needs a guide dog in a building with a no-pets policy.

A psychiatric service dog request works the same way. You are asking the provider to make an exception to a pet rule, size or breed limit, or pet fee because your disability creates a need for the dog.

HUD assistance animal guidance changes

For years, landlords and tenants relied on HUD's January 28, 2020 notice, FHEO-2020-01, on assessing requests for animals as reasonable accommodations. In a Federal Register notice published in April 2026, HUD listed FHEO-2020-01 and the earlier FHEO-2013-01 among guidance documents withdrawn effective September 17, 2025, and said they "should not be relied upon as authoritative."

On May 22, 2026, HUD's Assistant Secretary for Fair Housing and Equal Opportunity issued enforcement guidance confirming the rescission. Under it, for pet-policy waivers, the animal is "individually trained to perform work or perform tasks directly related to the complainant's disability," and such requests are "presumptively reasonable." Requests for untrained emotional support animals are no longer treated as presumptively reasonable and are reviewed case by case. The memo also withdraws HUD's 2020 statement that no fees could be charged for untrained emotional support animals.

HUD says it plans notice-and-comment rulemaking to align its rules with the ADA as far as possible. The memo does not change the text of the Fair Housing Act, does not affect private lawsuits, and does not address Section 504 or ADA matters. State and local fair housing laws may protect more people than HUD's federal enforcement policy.

Documentation a housing provider may request

HUD's 2026 memo does not set out documentation rules. The long-standing 2004 Joint Statement of HUD and the Justice Department on reasonable accommodations, still posted on justice.gov, explains that when a disability is obvious and the need is apparent, a provider may not ask for more information. When a disability is not obvious, the provider may request "reliable disability-related information" that verifies the disability, describes the accommodation and shows the link between the two.

The same statement says medical records or detailed information about the nature of a disability are usually not necessary. Verification can come from a doctor or other medical professional, a peer support group, a non-medical service agency or another reliable third party. This is where a letter from a licensed clinician who has evaluated you can help. Because HUD now focuses on training, it's also wise to be ready to describe the tasks your dog is trained to perform.

Pet fees, damage and denials

• Fees: the 2004 Joint Statement says providers may not require extra fees or deposits as a condition of granting a reasonable accommodation, though they may charge for actual damage if they charge all tenants for damage.
• Direct threat or damage: the Act does not require housing for someone whose tenancy would be a direct threat to others' health or safety or would cause substantial physical damage (42 U.S.C. 3604(f)(9)).
• Individual assessment: the Joint Statement says a direct-threat decision must rest on reliable objective evidence about the specific situation, not fear or stereotypes.
• Delay: an undue delay in responding to a request may count as a failure to accommodate.

Your Fair Housing Act rights

If your dog is task-trained, the 2026 shift generally helps your request, because HUD now treats waivers for trained animals as presumptively reasonable. Put your request in writing, explain that you have a disability-related need for your trained psychiatric service dog, and briefly list one or two tasks it performs.

If your disability isn't obvious, expect to provide reliable information such as a clinician's letter. You don't have to share your diagnosis or medical records. Keep copies of everything and note the dates of each exchange.

If your animal provides comfort but isn't trained, federal enforcement is now much narrower, and your rights may depend on your state's law. If a request is denied, you can contact your state or local fair housing agency, a legal aid office or a lawyer. Private lawsuits remain available under the Act within two years of the discriminatory practice.