Overview

On May 22, 2026, the U.S. Department of Housing and Urban Development (“HUD”) issued an enforcement memorandum rescinding its 2020 and 2013 guidance on emotional support animal (“ESA”) reasonable accommodations under the Fair Housing Act (“FHA”). Going forward, HUD will pursue enforcement only for animals individually trained to perform tasks directly related to a disability, effectively using the same standard defined under the Americans with Disabilities Act (“ADA”). For California CID boards and managers, however, this shift does not reduce your obligations under state law.

What the Memorandum Does

New Federal Standard: Trained Animals Only

HUD will now find “reasonable cause” only where an animal has been individually trained to perform disability-related tasks, such as guiding a blind person or alerting someone to a seizure. Providing emotional support, comfort, or companionship alone no longer qualifies. HUD has directed its regional offices to refer all open ESA complaints to the acting Deputy Assistant Secretary for Enforcement for case-by-case review and has signaled that it intends to pursue formal notice-and-comment rulemaking to update its animal accommodation regulations. No timeline has been announced.

California Law Is Unchanged — And Broader

This is the most important point. California's Fair Employment and Housing Act (“FEHA”) and Civil Rights Department (“CRD”) regulations (CCR §§ 12176–12185) independently require housing providers, including homeowners associations, to accommodate ESAs regardless of training. Under California law:

•          Training is not required. An ESA only needs to assist a person in managing disability symptoms.

•          Pet fees, deposits, and pet rent may not be charged for approved ESAs.

•          Breed, size, and weight restrictions on ESAs are prohibited, including insurer-imposed limits.

•          The CRD enforces these rules independently of HUD and has issued no contrary guidance.

Bottom line: A California CID that denies an untrained ESA accommodation remains fully exposed to CRD complaints and private civil litigation under the FEHA even if HUD declines to act.

Documentation Standards (Still Governed by California Law)

Residents need only disclose enough to establish a disability-related need, not their specific diagnosis. Reliable documentation may come from the resident's own statement, proof of disability benefits, or any knowledgeable third party (health care provider, therapist, social worker, relative). Online ESA certifications alone are insufficient, but documentation from a licensed professional who conducted an individualized assessment may qualify. If submitted documentation is inadequate, the resident must be allowed to supplement before a denial is issued.

Action Items for Boards and Managers

•          Do not deny ESA requests for untrained animals based on the HUD memo. California law still requires accommodation.

•          Do not charge pet fees or impose breed/size restrictions on approved ESAs.

•          Continue the interactive process for all accommodation requests and document it carefully.

•          Ensure that any denial of an ESA request is based on a permissible ground under California law (undue burden, fundamental alteration, or direct threat to health, safety, or property).

HUD's federal enforcement posture has narrowed significantly. California's has not. Please contact our office with questions about ESAs or accommodation requests in general.