On September 17, 2025, the U.S. Department of Housing and Urban Development (HUD) formally withdrew two key guidance documents that housing providers relied upon to evaluate requests for service and assistance animals. These documents were FHEO Notice 2013-01 ("Service Animals and Assistance Animals for People with Disabilities in Housing") and FHEO Notice 2020-01 ("Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act"). According to HUD's memorandum, the withdrawal was part of a deregulatory initiative aimed at reducing compliance burdens and ensuring that guidance does not exceed what federal statutes actually require. The agency stated that the withdrawn guidance "should not be enforced or otherwise relied upon by the Department or stakeholders" and has removed these documents from the HUD.gov website. However, the Fair Housing Act itself remains fully in effect, and housing providers are still legally required to make reasonable accommodations for people with disabilities, including those who use assistance animals. The primary change is the removal of the detailed federal framework that previously outlined best practices for verifying documentation, assessing disability-related need, and determining when pet fees could be charged. As a result, enforcement and understanding of assistance animal accommodations may now vary more significantly across housing providers and jurisdictions until new guidance is issued.
Full Title Name: Assessing a Person’s Request to Have an Animalas a Reasonable Accommodation Under the Fair Housing Act
Summary:
(For historical purposes only; this guidance was rescinded in 2025). This guidance replaces HUD’s prior guidance, FHEO-2013-01,on housing providers’ obligations regarding service animals and assistance animals. In particular, this guidance provides a set of best practices regarding the type and amount of documentation a housing provider may ask an individual with a disability to provide in support of an accommodation request for a support animal, including documentation of a disability (that is, physical or mental impairments that substantially limit at least one major life activity) or a disability-related need for a support animal when the disability or disability-related need for the animal is non-obvious and not known to the housing provider. By providing greater clarity through this guidance, HUD seeks to provide housing providers with a tool they may use to reduce burdens that they may face when they are uncertain about the type and amount of documentation they may need and may be permitted to request when an individual seeks to keep a support animal in housing.
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