Federal Changes Impacting Tenants with Disabilities
On May 22, 2026, the U.S. Department of Housing and Urban Development's (“HUD”) Office of Fair Housing and Equal Opportunity (“FHEO”) rescinded its 2020 guidance regarding assistance animals for tenants with disabilities. Under the new guidance, FHEO will now find reasonable cause of a Fair Housing Act violation only in cases involving animals that are individually trained to provide disability-related assistance—meaning HUD will no longer pursue federal enforcement actions on behalf of tenants whose emotional support animals are not individually trained to perform specific tasks related to a disability. However, private litigants and state or local fair housing agencies are not bound by HUD's new enforcement policy and may still pursue such claims independently.
What Housing Professionals in New York Need to Know
Housing professionals in New York should know that this change in federal policy does not impact state or local laws in New York. The Division remains committed to ensuring that New Yorkers living with disabilities receive the full protections afforded under the Law, which remains a nation-leading standard for disability rights.
New York laws continue to prohibit disability discrimination in housing and continue to require housing providers, including Licensees, to make reasonable accommodations for qualified individuals with disabilities, including requests involving emotional support animals. Under the Law, an emotional support animal is not considered a pet. As such, housing providers in New York State must modify policies prohibiting or restricting pets to allow for emotional support or service animals unless doing so would cause an undue hardship.
The person requesting a reasonable accommodation for an emotional support animal and the housing provider must engage in an interactive process to determine whether the requested accommodation can be granted or if an alternative is available. A housing provider may ask the person to provide a statement from a health professional to demonstrate that the individual has a disability and the emotional support animal alleviates the symptoms or effects of the disability. Any such inquiry should remain narrow and not cross into a request for medical information.
Important Reminder About New York State vs. New York City Human Rights Laws
While the Division enforces the Law, it is important to note for those working in New York City that under the New York City Human Rights Law, housing providers must engage in a cooperative dialogue with an individual requesting an accommodation and must conclude every cooperative dialogue with a written final determination identifying the accommodation(s) granted or denied (Read more from the Commission’s Disability Legal Enforcement Guidance, located at https://www.nyc.gov/site/cchr/law/legal-guidances.page).
The Bottom Line
The Division will continue to investigate complaints involving emotional support animals under the Law, regardless of any changes in federal enforcement priorities.
Individuals who believe they have experienced housing discrimination can report it to the Division by calling (844) 697-3471 or completing an online reporting form at dhr.ny.gov/report. The Division reviews reports to determine whether they are complete and jurisdictional and assists individuals with filing formal complaints. The agency then conducts an investigation. If discrimination is found, the Division can impose fines, mandate policy changes, order reversals of discriminatory acts, and require cessation of illegal practices, among other remedies. Every year, the Division secures millions of dollars in compensation for victims of discrimination around the state.
- Ensuring that policies do not bar emotional support or service animals and include exceptions for “pet fees,” “pet insurance,” or size, weight, species, or breed restrictions for emotional support or service animals;
- Seeking out fair housing training for staff, particularly those who interact with the public, to ensure they are aware of their obligations under the Law.