{"id":270509,"date":"2026-06-18T04:37:48","date_gmt":"2026-06-18T04:37:48","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/270509\/"},"modified":"2026-06-18T04:37:48","modified_gmt":"2026-06-18T04:37:48","slug":"hud-issued-new-rules-for-emotional-support-animals-for-new-yorkers-not-much-will-change","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/270509\/","title":{"rendered":"HUD issued new rules for emotional support animals. For New Yorkers, not much will change"},"content":{"rendered":"

New internal guidance from the U.S. Department of Housing and Urban Development indicated the agency is limiting its enforcement of renters\u2019 rights<\/a> to have an emotional support animal.<\/p>\n

HUD\u2019s previous guidance said that \u201cany assistance animal\u201d should be admitted into dwellings and their common areas without restrictions or pet fees, whether those animals are trained or untrained.\u00a0<\/p>\n

Now the agency plans to only investigate federal complaints in cases where an animal has been specifically trained to help someone with tasks related to their disability. This guidance doesn\u2019t affect service animals, such as a dog trained to guide someone who is visually impaired.\u00a0<\/p>\n

Some empirical research <\/a>has shown that <\/a>emotional support animals can alleviate symptoms<\/a> of depression and anxiety.\u00a0<\/p>\n

The HUD memo<\/a> could mean that some renters with emotional support animals in the U.S. could face eviction, but in New York, state law still protects your right to have an emotional support animal.\u00a0<\/p>\n

What does the memo say?<\/p>\n

In the May 22nd memo,<\/a>\u00a0Craig W. Trainor, assistant secretary for Fair Housing and Equal Opportunity, wrote that he was rescinding earlier guidance from the agency on the definition of emotional support animals. The new guidance uses a stricter definition from the Americans with Disabilities Act.\u00a0<\/p>\n

\u201cIn light of these standards, [HUD\u2019s fair housing enforcement arm] will find reasonable cause for failure to provide a reasonable accommodation involving the waiver of a pet policy only where the animal has been individually trained to perform work or perform tasks directly related to the complainant\u2019s disability,\u201d according to the memo.<\/p>\n

The guidance specifically doesn\u2019t address complaints against housing providers covered under the American with Disabilities Act or Section 504 of the Rehabilitation Act.\u00a0<\/p>\n

That means that some of the obligations for public housing authorities or federally subsidized housing are unaffected by this rule change\u2014so you may have greater protections if you live in NYCHA housing or have a Section 8 voucher.\u00a0<\/a><\/p>\n

What does this mean for New York renters?<\/p>\n

This memo doesn\u2019t mean you automatically lose your accommodation for an emotional support animal in your apartment, but it could limit your options for filing a federal complaint.\u00a0<\/p>\n

It\u2019s also important to note that this memo relates only to HUD\u2019s enforcement of the federal Fair Housing Act. It doesn\u2019t impact any rights under New York state law<\/a> or renters\u2019 right to bring a lawsuit in court, which is known as a \u201cprivate right of action.\u201d\u00a0<\/p>\n

Under New York State Human Rights law, <\/a>landlords must allow emotional support animals and modify \u201cno pets\u201d policies, unless doing so would cause undue hardship. Disabled renters just need to show that their animal support animals help the symptoms of their disability to qualify for an accommodation in their housing.\u00a0<\/p>\n

This law only applies to animals that are legal to keep as pets <\/a>in New York, so tarantulas, ferrets, and squirrels<\/a> are all excluded as emotional support animals.\u00a0<\/p>\n

A spokesperson for the NYC Commission on Human Rights said the commission is aware of the HUD memo, and that the rights of New Yorkers with disabilities won\u2019t change.\u00a0<\/p>\n

\u201cThe New York City Human Rights Law is one of the strongest anti-discrimination laws in the country. Anyone who has experienced or witnessed discrimination is encouraged to contact the NYC Commission on Human Rights,\u201d a spokesperson said in an email to Brick.\u00a0<\/p>\n

To file a complaint with the NYC Commission on Human Rights, call 212-416-0197 or call 311 and say, \u201cFile a complaint with NYC Commission on Human Rights.\u201d You can also make an online complaint.<\/a>\u00a0<\/p>\n

The ESA industry<\/p>\n

Trainor wrote in the HUD memo that \u201can entire industry has emerged to convert pets into emotional support animals,\u201d citing marketing materials from companies that claim to get customers an ESA letter within 24 hours. About one in five of his division\u2019s Fair Housing complaints had to do with untrained emotional support animals. \u201cThis cannot continue,\u201d he wrote.<\/p>\n

Prairie Conlon, clinical director at the company CertaPet,<\/a>\u00a0which helps patients obtain ESA letters, lamented that a few unscrupulous companies have given animal-based treatment a bad name.\u00a0<\/p>\n

\u201cWhat needs to happen is there needs to be regulation on these companies. Emotional support animals are absolutely valid treatment,\u201d Conlon said. \u201cIt\u2019s really sad that it\u2019s gotten to this place where it\u2019s kind of a joke.\u201d<\/p>\n

If you\u2019re looking for documentation for an emotional support animal, the law requires you to have an \u201congoing therapeutic relationship\u201d with a health provider like a doctor or a therapist, Conlon said.\u00a0<\/p>\n

That means a medical professional will likely require that you fill out an intake form and complete regular check-ins, instead of a 24-hour process. You should be wary of companies that promise a suspiciously quick process of obtaining a letter that documents your need for an emotional support animal.<\/p>\n

It\u2019s an especially bad sign if a company won\u2019t tell you the name of the doctor or therapist assigned to you. \u201cThere are companies that say, \u2018we are protecting the privacy of the doctor or therapist that\u2019s working with you.\u2019 Huge red flag,\u201d Conlon said.\u00a0<\/p>\n

A good clinician will also be willing to help speak to your landlord about the necessity of your emotional support animal, she said.\u00a0<\/p>\n

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