Trained service animals: landlords can ask almost nothing
For an animal trained to perform a specific task connected to a disability, HUD's own May 2026 enforcement memo says it will now apply the ADA's definition when deciding whether an animal-related accommodation complaint gets priority: the animal must be "individually trained to do work or perform tasks for the benefit of an individual with a disability" (28 CFR § 36.104). Many landlords still limit themselves to two questions when the disability and the animal's role aren't obvious — whether the animal is required because of a disability, and what work or task it is trained to do. That two-question limit is the ADA's rule for businesses open to the public (28 CFR § 36.302(c)), and the HUD guidance that carried it into housing was withdrawn in 2025, so treat it as a strong norm rather than a guaranteed ceiling on what a landlord may ask. What has not changed is that a landlord cannot ask about the specifics of the disability, demand a demonstration of the animal's training, or require documentation, certification, an ID card, or registration — none of that is part of the ADA definition, and no federal registry for service animals exists.
Emotional support animals: what documentation can look like
An emotional support animal doesn't perform a trained task — its presence itself provides comfort — so it doesn't fit the ADA's definition. Under the Fair Housing Act, it can still qualify as a reasonable accommodation if the tenant has a disability and a disability-related need for the animal (42 U.S.C. § 3604(f)(3)(B)). Where that need isn't obvious, a landlord can generally ask for reliable documentation — typically a letter from a treating healthcare or mental health provider stating that the tenant has a disability and that the animal provides support connected to it. A landlord generally cannot demand a specific diagnosis, medical records, or a particular form.
Say a landlord asks a tenant with an ESA request to hand over their full therapy notes before approving the animal. That goes well beyond what's needed — a short letter confirming the disability and the disability-related need for the animal is normally enough, and a tenant isn't required to explain the underlying condition itself, only that one exists and that the animal helps with it.
What HUD used to spell out — and why that's less certain now
HUD's 2020 guidance (FHEO-2020-01) went into real detail about exactly what documentation was and wasn't acceptable, and many landlords and tenants relied on it. That notice was withdrawn on September 17, 2025, along with the 2013 notice before it, and HUD says neither should be relied on any longer. A May 2026 memo from HUD's Assistant Secretary for Fair Housing and Equal Opportunity confirmed the rescission and said HUD will prioritize enforcement around the ADA's trained-task standard rather than the old documentation framework for emotional support animals. There is currently no active HUD notice spelling out documentation categories for ESA requests the way the 2020 notice did. The general legal standard above — disability plus a disability-related need, shown through reliable documentation — still comes from the statute and regulation themselves and from court decisions; it's HUD's more detailed layer of guidance on top of that standard which is now gone.
What a landlord can never require, for either kind of animal
- A specific breed, size, or weight, since the accommodation exists to override those rules
- Registration with an online "ESA registry" or similar site — none of these are recognized under federal law
- A letter from a specific doctor, or in a specific format the landlord chooses
- Payment of a pet fee, pet rent, or pet deposit as a condition of approval, for an animal that genuinely qualifies
- Proof only before move-in — a genuine, later-arising need can still qualify partway through a tenancy
If a landlord asks for too much
Landlords sometimes ask for more than the law allows, especially with the federal guidance in flux. If you're asked for medical records, a specific certification, or a demonstration of the animal's training, you can respond in writing citing the standard above and offer what's actually required instead. Keep a copy of every document you do provide and every request the landlord makes, so there's a clear record if the disagreement continues. If your landlord still refuses after that, you can file a complaint with HUD or your state fair housing agency, or talk to a tenant rights attorney about your options. Honestkey™ can review your lease's pet and animal clauses, and its letter templates can help you respond to an overreaching documentation request in writing.