HUD Emotional Support Animal Guidelines (Know the Updated Rules Below)

On January 28, 2020, HUD rolled out updated guidance (FHEO-2020-01), replacing the previous 2013 notice and giving clearer directions on handling ESA accommodation requests.

Whether you’re eyeing a new, cozy apartment or making sure your current landlord can’t show your emotional support sidekick the door, understanding these updated HUD ESA rules is key to protecting your rights and your furry friend’s place by your side.

This guide breaks down the complete HUD emotional support animal guidelines in plain English—no legalese, no fluff. You’ll learn:

• What your rights (and your landlord’s) are when it comes to ESAs
• What counts as legit documentation, and how to get it without jumping through hoops
• How to avoid common mistakes that could land you in the doghouse

What Are the Laws That Apply to ESAs?

The Fair Housing Act (FHA), administered by the U.S. Department of Housing and Urban Development (HUD), is the main federal law covering ESAs.

This legislation prohibits discrimination in housing based on disability. It requires housing providers to make “reasonable accommodations” for individuals with disabilities, including those who need an emotional support animal to support their mental health.

The FHA applies to pretty much all types of housing providers, including:

• Property owners and managers
• Homeowners and condominium associations
• Lenders and real estate agents

Exceptions to which the FHA doesn’t apply include owner-occupied buildings with four or fewer units, single-family homes sold or rented by private owners without an agent, and properties operated by religious organizations and private clubs that limit housing to their members.

Reasonable Accommodations According to the HUD ESA Guidelines

In layman’s terms, a reasonable accommodation means landlords have to make exceptions in rules, policies, practices, or services when necessary to ensure that someone with a disability can live comfortably and equally in the property they’re leasing.

Here are some examples of reasonable accommodations under HUD ESA laws that landlords have to make:

• Allowing you to live with your ESA even if they have a strict no-pets policy
• Waiving off pet deposits, monthly pet rent, or any other pet-related charges
• Letting you keep your ESA regardless of specific breed/size restrictions
• Allowing you to live with multiple ESAs, provided each one is properly documented

HUD clarifies that accommodations might not be considered reasonable if, for example, an animal poses a direct threat to others or causes a fundamental alteration to the property.

ESAs vs. Service Animals—Are Laws the Same for Both?

While ESAs and service animals both bring priceless support to people with disabilities, they’re not treated the same under the law. According to the HUD, service animals are dogs (and in rare cases, miniature horses) that are individually trained to perform a specific disability-related task, like:

• Guiding someone who is blind
• Alerting someone who is deaf
• Pulling a wheelchair
• Interrupting anxiety attacks

Service animals are protected under both the FHA and the Americans with Disabilities Act (ADA). While the FHA grants service animals the same housing benefits as ESAs, the ADA grants them additional public access rights, such as accompanying you in restaurants, stores, hospitals, and other public places.

ESAs, on the other hand, are covered only under the FHA, not the ADA. This means their legal protections are limited to housing situations only. ESAs also don’t require specialized task-related training and can be any domesticated species, not just dogs.

Landlord Rights and Responsibilities Under HUD Guidelines

Under the same ESA guidance, HUD also outlines clear boundaries and procedures for landlords when dealing with reasonable accommodation requests. These are outlined in the table below:

Who Qualifies for an ESA

To qualify for an ESA under the HUD ESA rules, you must check two main boxes:

1. You have a physical or mental impairment that substantially limits one or more major life activities, such as working, sleeping, or socializing. The disability can be observable (like blindness or mobility challenges) or non-observable (such as chronic stress or PTSD which is often seen in military veterans)
2. You need the animal’s presence to help manage symptoms, distress, or impairment tied to your condition

As much as we believe you when you say your parakeet saved your sanity, HUD requires a little more than a pinky promise. You’ll need proper documentation from an LMHP—such as a therapist, psychiatrist, or physician—who has personal knowledge of your condition. This professional must:

• Be licensed to practice in your state
• Evaluate your condition according to the DSM-5-TR standards
• Provide a signed ESA letter stating you have a qualifying disability and that the animal’s presence is necessary for your well-being

The letter doesn’t need to disclose your specific diagnosis, only that you meet the HUD ESA letter requirements and benefit from the animal’s support.

HUD Guidelines for ESA Documentation and Online Scams

Not all ESA letters are created equal—and HUD is crystal clear about what counts. There are endless websites out there promising instant “certifications,” “registrations,” or “licenses” for your furry companion if you pay a small fee or fill out a quick form.

Well, here’s the catch—HUD’s Notice FHEO-2020-01 makes it very clear that these documents are worthless when it comes to securing your legal rights in housing.

On the flip side, HUD does recognize that many legitimate LMHPs offer services remotely via telehealth—letters issued by such professionals who have properly evaluated your condition are perfectly valid. That’s why it’s so important to work with a trusted service that connects you with real LMHPs for actual clinical evaluations, not the ones selling snake oil in the form of fake, ready-made templates.

It’s worth noting that legitimate online ESA letter providers don’t issue letters themselves. All they do is give you access to a network of qualified LMHPs who can assess your situation and, if appropriate, write an ESA letter on their own official letterhead as part of your treatment plan.

Where To Get a Legally Compliant ESA Letter

When hunting for a reliable online ESA letter service, make sure they tick all these boxes:

If you’ve had it with the wild goose chase of ESA registration sites that look more like pet costume shops than mental health services, it’s time to upgrade.

With Your Service Animal, you’ll get the real deal—minus the fake IDs and emotional whiplash—so you can confidently keep your ESA by your side, wherever you call home.

Your Service Animal—Get a Legitimate ESA Letter To Solve All Housing Challenges

Your Service Animal is a fully online platform designed for speed, convenience, and full compliance with HUD ESA letter requirements—no risky templates, no long waitlists for appointments, and no guesswork about whether your letter will hold up with your landlord.

Here’s how Your Service Animal stands out from the pack:

Receive Your Fully Compliant ESA Letter Now

Here’s how easy it is to get your official ESA letter with Your Service Animal:

1. Find out if you’re a good fit for an ESA letter with our online quiz
2. Schedule an online appointment with a licensed mental health practitioner in your state
3. Attend the online call and receive your ESA letter if clinically appropriate
4. Receive a full refund if the therapist doesn’t issue an ESA letter or your landlord rejects your letter