What we verified in “Service and support animals in your home: what the law says”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. According to a HUD notice in the Federal Register (91 FR 17291, published April 6, 2026), the Office of Fair Housing and Equal Opportunity (FHEO) withdrew, effective September 17, 2025, several guidance documents, including notice FHEO 2020-01 on requests to have an animal as a reasonable accommodation and notice FHEO 2013-01 on service animals and assistance animals; HUD says they were removed from active use and should not be relied upon as authoritative; and that actions that do not comply with the text of the Fair Housing Act remain subject to its enforcement.

   Sources 1 · Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents, 91 FR 17291 (April 6, 2026): 'Effective date of withdrawal: September 17, 2025'; 'FHEO 2020-01: Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act'; 'FHEO Notice 2013-01: Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs'; 'These documents have been removed from active use and should not be relied upon as authoritative'; 'Any actions that do not comply with the text of the Fair Housing Act continue to be subject to enforcement by the Department' · Checked October 31, 2026

2. The same HUD notice says that, notwithstanding any HUD enforcement determination, the Fair Housing Act lets complainants file a civil action in federal or state court within two years after the discriminatory housing practice, and that nothing in the notice affects the right to seek redress in court.

   Sources 1 · 91 FR 17291: 'Notwithstanding an enforcement determination by HUD, the Fair Housing Act provides that complainants may file a civil action in an appropriate Federal district court or state court within two years after the occurrence or termination of the alleged discriminatory housing practice'; 'Nothing in this memo affects the rights of parties to seek redress in the proper court' · Checked October 31, 2026

3. Under HUD's regulation (24 CFR §100.204), it is unlawful to refuse reasonable accommodations in rules, policies, practices or services when they may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use areas; and the regulation gives the example of a no-pets building that must let a blind applicant live there with a seeing eye dog.

   Sources 2 · 24 CFR §100.204(a): 'It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas'; (b) Example (1): 'A blind applicant for rental housing wants live in a dwelling unit with a seeing eye dog. The building has a no pets policy. It is a violation of § 100.204' · Checked October 31, 2026

4. Under HUD's regulations (24 CFR §§5.303 and 960.705), the pet rules of projects for the elderly or persons with disabilities and of public housing do not apply to animals that assist, support or provide service to persons with disabilities; owners of those projects and public housing agencies may not apply those rules to animals necessary as a reasonable accommodation, whether they live there or visit; and those rules do not limit the rights of persons with disabilities or any authority to regulate such animals under other laws.

   Sources 3 · 24 CFR §5.303(a): 'This subpart C does not apply to animals that are used to assist, support, or provide service to persons with disabilities'; 'may not apply or enforce any policies established under this subpart against animals that are necessary as a reasonable accommodation'; 'animals that reside in projects for the elderly or persons with disabilities, as well as to animals that visit'; (b) 'Limits or impairs the rights of persons with disabilities'; 24 CFR §960.705(a): 'PHAs may not apply or enforce any policies established under this subpart against animals that are necessary as a reasonable accommodation' · Checked October 31, 2026

5. Under the ADA regulations (28 CFR §§35.104 and 36.104), a service animal is a dog individually trained to do work or perform tasks for a person with a physical, sensory, psychiatric, intellectual or other mental disability; other animals, trained or not, are not service animals under that definition; the task must be directly related to the disability; and providing emotional support, well-being, comfort or companionship does not count as work or tasks.

   Sources 4 · 28 CFR §36.104 (and §35.104): 'Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability'; 'Other species of animals, whether wild or domestic, trained or untrained, are not service animals'; 'The work or tasks performed by a service animal must be directly related to the individual's disability'; 'the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks' · Checked October 31, 2026

6. Under the ADA regulation for public entities (28 CFR §35.136), the entity must change its rules to allow a service animal; it may ask that the animal be removed if it is out of control and the handler does not control it, or if it is not housebroken; the animal must be under control, with a harness, leash or other tether unless the disability or the task prevents it; it may not ask about the nature or extent of the disability, but may ask two questions: whether the animal is required because of a disability and what work or task it has been trained to perform; it may not require documentation such as proof of certification, training or licensing; and it may not charge a surcharge, even if it charges people with pets, but it may charge for damage if it normally charges for damage.

   Sources 5 · 28 CFR §35.136(a): 'a public entity shall modify its policies, practices, or procedures to permit the use of a service animal'; (b): 'The animal is out of control'; 'The animal is not housebroken'; (d): 'harness, leash, or other tether'; (f): 'shall not ask about the nature or extent of a person's disability, but may make two inquiries'; 'if the animal is required because of a disability and what work or task the animal has been trained to perform'; 'shall not require documentation, such as proof that the animal has been certified, trained, or licensed'; (h): 'shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees'; 'may be charged for damage caused by his or her service animal' · Checked October 31, 2026

7. According to the Justice Department's ADA service animal FAQ (last updated February 28, 2020), emotional support, therapy, comfort or companion animals are not service animals under the ADA because they are not trained to perform a specific task; a dog trained to sense an anxiety attack and take a specific action to avoid or lessen it can be; the ADA does not require certification, and individuals and organizations sell service animal certificates or registrations online that the Department does not recognize as proof; service animals must follow local vaccination and dog licensing rules; the ADA does not restrict breeds; and the ADA applies to housing programs run by state and local governments, such as public housing authorities, while the Fair Housing Act applies to virtually all types of housing, public and private.

   Sources 6 · Frequently Asked Questions about Service Animals and the ADA (Last updated: February 28, 2020): Q3 'Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA? A. No.'; Q4 'If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action'; Q17 'Covered entities may not require documentation'; 'There are individuals and organizations that sell service animal certification or registration documents online'; Q18 'Individuals who have service animals are not exempt from local animal control or public health requirements'; Q19 'Service animals are subject to local dog licensing and registration requirements'; Q22 'The ADA does not restrict the type of dog breeds'; Q35 'The ADA applies to housing programs administered by state and local governments, such as public housing authorities'; 'the Fair Housing Act applies to virtually all types of housing, both public and privately-owned' · Checked October 31, 2026

8. According to the Legal Services Corporation, LSC is a nonprofit established by Congress to fund civil legal aid for low-income Americans; on its site you find a legal aid organization by entering your address or city, and LawHelp.org has information on legal questions and free forms.

   Sources 7 · I Need Legal Help: 'LSC is an independent nonprofit established by Congress in 1974 to provide financial support for civil legal aid to low-income Americans'; 'enter an address or city below to find an LSC-funded legal aid organization near you'; 'You can also visit LawHelp.org to look up information about your legal questions and find free legal forms' · Checked October 31, 2026