HUD Changed ESA Enforcement in 2026: What Florida Renters Should Know

No. HUD did not ban emotional support animals in housing, and the Fair Housing Act did not change. HUD changed the kind of animal-related complaint in which the HUD enforcement office will find reasonable cause. Fla. Stat. 760.27 is still in the 2026 Florida Statutes. This guide sets out what is documented, with sources.

Updated 2026-10-02 · Last checked 2026-10-01.

What changed: HUD's enforcement office now says it will find reasonable cause for animal-related housing complaints only when the animal is trained to provide disability-related assistance.

What did not change: the Fair Housing Act, Fla. Stat. 760.27, and the right to bring a private court action.

What to do: put the request in writing, keep every record, and read the sources linked below.

Did HUD ban emotional support animals in housing?

No. HUD did not change the Fair Housing Act. HUD changed the kind of animal-related complaint in which the HUD enforcement office will find reasonable cause.

On May 22, 2026, the HUD Office of Fair Housing and Equal Opportunity (FHEO) issued a memo. It says FHEO "will find reasonable cause and recommend charges only for those cases involving animals trained to provide disability-related assistance." Requests for trained animals are presumptively reasonable, the memo says, while requests for untrained emotional support animals are not. Read the memo: HUD enforcement guidance, May 22, 2026.

The memo sends open emotional support animal cases to "a case-by-case determination on the merits." It also says it "does not address how the Department will process complaints against housing providers under Section 504 of the Rehabilitation Act or the Americans with Disabilities Act (ADA)."

The memo also says: "Nothing in this enforcement guidance affects the rights of parties to seek redress through a private action in court." Disability Rights Florida wrote on June 1, 2026 that "the Fair Housing Act itself has not changed." (Disability Rights Florida)

What exactly did HUD change, and when?

HUD took two steps. A September 17, 2025 notice withdrew two guidance documents. A May 22, 2026 memo set a new enforcement priority.

• September 17, 2025. An FHEO notice withdrew FHEO Notice 2013-01 and FHEO 2020-01 and said the guidance "should not be enforced or otherwise relied upon by the Department or stakeholders while this review is ongoing." The notice adds: "Such withdrawal is not necessarily final." (HUD notice)
• May 22, 2026. An FHEO memo states "I am permanently rescinding FHEO’s 2020 notice" and says FHEO "will use the training component of the ADA’s definition for service animals" for these complaints. (HUD memo)
• Next. The memo says HUD "intends to engage in notice and comment rulemaking regarding animal-related reasonable accommodations." The federal regulatory agenda lists an advance notice of proposed rulemaking for 10/2026 (RIN 2529-AB14). As of 2026-10-01, the sources checked show it as pending and not published.

The two older notices are withdrawn and are not current HUD guidance. The sources checked show no reissue.

Is Florida's ESA law (Fla. Stat. 760.27) still in effect?

Yes. Fla. Stat. 760.27 appears in the 2026 Florida Statutes, and the section's history line lists only s. 1, ch. 2020-76. The core rule opens with a condition.

Subsection (2) begins: "To the extent required by federal law, rule, or regulation, it is unlawful to discriminate in the provision of housing to a person with a disability or disability-related need for, and who has or at any time obtains, an emotional support animal."

How a court or agency will apply "to the extent required by federal law" after HUD's change is not settled in the sources checked for this page. Read the full text: Fla. Stat. 760.27 (2026).

Can a Florida landlord still deny an ESA request?

Yes. Subsection (2)(a) lets a housing provider deny a request for a direct threat. No outcome is promised.

Subsection (2)(a) allows denial if the animal "poses a direct threat to the safety or health of others or poses a direct threat of physical damage to the property of others, which threat cannot be reduced or eliminated by another reasonable accommodation." Disability Rights Florida warned that renters "may face more questions, more denials, or requests for documentation."

What can a landlord ask for, and what can't be asked?

A landlord can ask for reliable information that supports the disability and the need for the particular animal. A landlord cannot ask for a diagnosis, the severity of a disability, or medical records.

• Subsection (2)(b)4 names information from "a health care practitioner" or "a telehealth provider" as one source, and says such information is reliable if the practitioner or provider has personal knowledge of the person’s disability and is acting within the scope of practice to provide the supporting information. For a practitioner licensed in another state, the same item applies "but only if such out-of-state practitioner has provided in-person care or services to the tenant on at least one occasion."
• Subsection (3)(a): a housing provider "may not request information that discloses the diagnosis or severity of a person’s disability or any medical records relating to the disability."
• Subsection (3)(b): a housing provider "may not require the use of a specific form or notarized statement, or deny a request solely because a person did not follow the housing provider’s routine method."
• Subsection (3)(c): an internet registration, ID card, patch, or certificate "is not, by itself, sufficient information."

Can a landlord charge pet rent or a pet deposit for an ESA now?

Section 760.27 says a person "may not be required to pay extra compensation for such animal," in a subsection that opens with "To the extent required by federal law." Outcomes depend on the facts.

The HUD memo describes the 2020 notice as having "explained that pet fees could not be assessed for untrained emotional support animals," and then rescinds that notice. The sources checked do not settle how fee disputes will play out. For deposits and what a landlord may ask, see Can a landlord charge a pet deposit for an ESA in Florida?.

Is an ESA letter still useful in Florida?

A letter from a practitioner who has personal knowledge of the person's disability is the kind of information 760.27 lists as reliable. It does not promise a landlord's yes.

At Official ESA Letter, the customer pays first. Then the clinician, Yudelmy Castaneda Sanchez, APRN, calls after payment and decides whether to approve a letter. The clinical conversation can be in English or Spanish. An approved customer gets a signed English PDF for the landlord. Full refund only if the clinician does not approve a letter. See how it works and the Florida housing ESA letter page.

What is the difference between an ESA and a trained service animal?

A service animal is individually trained to do work or perform tasks directly related to a disability. An emotional support animal does not require training.

The memo quotes the ADA rule: a service animal "is individually trained to do work or perform tasks for the benefit of an individual with a disability." Subsection (5) of 760.27 says: "This section does not apply to a service animal as defined in s. 413.08." Official ESA Letter issues Florida housing ESA letters only.

What should a renter do now?

Put the request in writing and keep every record. Then ask for help if a request is denied.

1. Send the request in writing, name the animal, and attach the letter. See How to request a housing accommodation for an ESA.
2. Keep records of requests, replies, fees, denials, and written messages, as Disability Rights Florida advises.
3. Read the lease or HOA rules for a routine method.
4. If denied, a housing complaint may be filed with the Florida Commission on Human Relations (FCHR). FCHR says the complaint "must be filed within 1 year of the date on which the last alleged act of discrimination occurred." FCHR also says most cases are dual-filed with HUD and that a person who has already filed a federal HUD complaint should not complete an FCHR complaint. (FCHR housing complaints)
5. A private civil action in court is a separate route with its own period. The HUD memo says a civil action may be filed "within two years after the occurrence or termination of the alleged discriminatory housing practice" (42 U.S.C. 3613(a)(1)(A)). That two-year period applies to a court action, not to an agency complaint.
6. Consider a housing attorney or a legal aid group. See also if a landlord rejected an ESA letter.

Does a landlord's "no" mean a refund?

No. A landlord or HOA saying no is not a refund. Full refund only if the clinician does not approve a letter.

See the refund policy for the rule in full.

What about fake or false ESA paperwork?

Fla. Stat. 817.265 makes falsifying ESA information or documentation a second-degree misdemeanor. The penalty sits in 817.265, not in 760.27.

The statute covers a person "who falsifies information or written documentation, or knowingly provides fraudulent information or written documentation, for an emotional support animal under s. 760.27." The same section covers a person who knowingly and willfully misrepresents, by conduct or by a verbal or written notice, that the person has a disability or disability-related need for an emotional support animal. A conviction also carries community service: "within 6 months after a conviction under this section, a person must perform 30 hours of community service for an organization that serves persons with disabilities or for another entity or organization that the court determines is appropriate." Read it: Fla. Stat. 817.265 (2026).

Frequently asked questions

Did HUD ban emotional support animals in housing?

No. HUD did not change the Fair Housing Act. A May 22, 2026 HUD memo says the HUD enforcement office will find reasonable cause only for animals trained to provide disability-related assistance. Private court actions remain available.

Is HUD's old ESA guidance still in effect?

No. HUD withdrew FHEO Notice 2013-01 and FHEO 2020-01 on September 17, 2025. The May 22, 2026 memo permanently rescinds the 2020 notice. Neither notice is current HUD guidance.

Is Fla. Stat. 760.27 still in effect?

Yes. The section appears in the 2026 Florida Statutes. The core rule opens with the condition “To the extent required by federal law, rule, or regulation.” How that wording will be applied after HUD's change is not settled in the sources checked.

Can a Florida landlord still deny an ESA request?

Yes, in cases the statute lists, such as a direct threat to safety or property. Disability Rights Florida warns renters may face more questions and denials.

What can a Florida landlord not ask for?

Under Fla. Stat. 760.27(3), a housing provider may not request information that discloses the diagnosis or severity of a disability, or medical records. A housing provider may not require a specific form or notarized statement.

Does a landlord saying no mean a refund?

No. A landlord or HOA saying no is not a refund. Full refund only if the clinician does not approve a letter.

Can a renter still file a complaint or sue?

Florida housing complaints go to the Florida Commission on Human Relations, which says a complaint must be filed within 1 year of the date of the last alleged act of discrimination. A private court action is a separate route. The HUD memo cites a two-year period for a civil action (42 U.S.C. 3613(a)(1)(A)) and says it does not affect private court actions.

Has HUD published a new ESA rule?

Not as of 2026-10-01 in the sources checked. The May 22, 2026 memo says HUD intends to do notice and comment rulemaking. The federal regulatory agenda lists an advance notice of proposed rulemaking (RIN 2529-AB14) for 10/2026. It is pending.

Educational only. Not legal advice. Official letters for landlords are issued in English only. Clinical consultations available in English or Spanish.

Sources: Fla. Stat. 760.27 (2026) · Fla. Stat. 817.265 (2026) · HUD notice of withdrawal, September 17, 2025 · HUD enforcement memo, May 22, 2026 · Disability Rights Florida, June 1, 2026 · FCHR housing complaints · Federal regulatory agenda, RIN 2529-AB14. Last checked 2026-10-01. More answers: Housing ESA FAQ.