By: Melissa S. Doolan, Esq.
On May 22, 2026, the Assistant Secretary for Fair Housing and Equal Opportunity issued a Memorandum on “Enforcement Guidance- Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act” (“2026 HUD Memo”). The 2026 HUD Memo rescinds the January 28, 2020 HUD Guidance on emotional support animals (“ESA”) which stated that animals that provide emotional support are not pets and housing providers must allow individuals to keep emotional support animals.
HUD will now rely upon the regulations for service animals under the American with Disabilities Act (“ADA”). Under the ADA, a service animal “is individually trained to work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other metal disability.” One example of a disability related task is “helping persons with psychiatric and neurological disabilities.” The ADA does not include providing emotional support as “work” or “performing tasks” for an individual with a disability.
HUD will now require that an individual claiming discrimination by a housing provider demonstrate that the animal is trained to perform work or tasks directly related to the individual’s disability in considering whether to find that a housing provider has failed to grant a reasonable accommodation for an animal.
An individual seeking an accommodation of an association’s restriction or rule to keep an ESA must provide additional information under the 2026 HUD Memo. Such information consists of proving that the animal is trained to perform work or tasks directly related to the individual’s disability. The individual cannot simply state the animal relieves the symptoms of their disability.
Arizona will likely not follow the 2026 HUD Memo. Pursuant to Arizona statutes, a housing provider must grant an accommodation to a disabled person to afford the person equal opportunity to use and enjoy a dwelling.
A.R.S. §41-1491(6) states “Disability” means a mental or physical impairment that substantially limits at least one major life activity, a record of such an impairment or being regarded as having such an impairment. A.R.S. §41-1491(2) states “Assistance animal” means a trained or untrained animal that works, provides assistance, performs tasks or provides therapeutic or emotional support for the benefit of a person with a disability.
In Arizona, an individual can continue to submit an accommodation request to keep an ESA based on that individual’s disability. If an association declines an ESA request and the individual files a discrimination claim with HUD, then HUD will likely reject that discrimination claim per the 2026 HUD Memo. However, if the individual files the discrimination claim with the Arizona Attorney General’s Office, then the claim may succeed based on the facts of each case.
Our firm is available to assist in reviewing a request for an ESA in light of this new guidance.
The information provided herein is for reference purposes only, is general in nature, and is not intended as legal advice. For specific questions or legal issues regarding your association, please contact us at 480-219-3633.