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ESA rules for landlords got a lot of attention in 2026. In May, HUD changed how it handles emotional support animal complaints. Landlords everywhere read the headlines and celebrated. Kevin did too. Then he kept reading, and his excitement faded fast. The key word in all of this is complaints, and once you understand why, the whole picture changes.
Before we dig in, I answer a listener text about something that has frustrated more than a few of you. If you have ever tried to find an episode we mentioned and come up empty, this part is for you. In fact, digging into it led us to a glitch on our own website that we did not know existed.
Then I walk through what HUD actually changed and what the old ESA rules for landlords expected of you. I also cover the one thing about the Fair Housing Act that did not change at all. And yes, I get honest about the online ESA letter industry, because it frustrates landlords and people with a real need alike.
Next, Kevin takes what he calls the “read the fine print before you celebrate” segment. He covers three big things that stayed exactly the same, plus the basics that were never going away. From there, we compare our own rentals in California and Idaho. These two states handle ESA requests very differently, and our portfolio shows exactly why. You will hear about an ESA cat in Idaho, plus a black light walk-through Kevin will never forget. Spoiler: the ESA was not the problem.
Finally, we wrap with a seven step game plan for putting the current ESA rules for landlords to work on your next request. That includes a quick Google search shortcut, and why my facial expressions might be a fair housing liability. Kevin’s words, not mine.
What You’ll Learn in This Episode
- What HUD changed on May 22, 2026, and why the key word is complaints
- What the old ESA guidance expected landlords to waive
- The one thing about the Fair Housing Act that did not change
- Why the online ESA letter industry makes everyone more skeptical
- Three things that did not change, and why they matter before you celebrate
- How trained assistance animals are still treated
- Why California and Idaho handle ESA requests so differently
- What we did when an Idaho tenant had an ESA cat, and what cat spray really costs you
- A Google search shortcut to find your own state, county, and city rules
- Why your pet process and your accommodation process should stay separate
- The one offhand comment that could become exhibit A
- Our seven step game plan for the next ESA request
- How to find any past episode we mention, on any platform
Key Takeaways
1. HUD Changed Enforcement, Not the Law
HUD’s May 2026 memo changed which assistance animal complaints its own investigators will pursue. However, Congress did not amend the Fair Housing Act. That difference matters more than any headline, because tenants still have options outside of HUD. In the episode, Kevin explains exactly what those options are.
2. ESA Rules for Landlords Still Depend on Your State
Your exposure depends on where your property sits on the map. Some states protect emotional support animals whether or not the animal is trained. Others lean almost entirely on federal law. We own in both kinds of states, so we walk through California and Idaho side by side. Therefore, before you change anything, check your state, county, and city rules. Kevin shares a simple search shortcut to get you started.
3. Trained Assistance Animals Are Still Protected
A dog trained to perform tasks for a person with a disability is a different conversation than an untrained ESA. Those requests are still treated as reasonable. Furthermore, the basics never went away. Every request still gets an individual look, and you still never ask for a diagnosis.
4. Keep Pets and Accommodations Separate
A pet application and a reasonable accommodation request are two different things. Your lease, pet addendum, screening criteria, and listing language should all say the same thing. Most importantly, none of them should promise more or less than the ESA rules for landlords in your area require.
5. Lead With Respect and Document Everything
Most people asking for an accommodation are not trying to pull one over on you. So respond promptly, put everything in writing, and talk to a professional before you deny. And make sure everyone who answers your phone knows what not to say. That includes your spouse, according to Kevin.
Links & References Mentioned in This Episode
Episode 61: Fair Housing and Emotional Support Animals (ESA’s) — our original deep dive on ESAs and fair housing
Episode 36: ESA Insights and Pet Rules, An Interview with Logan Miller of Our Pet Policy — Logan Miller on verifying ESA certificates, plus a couple of juicy stories
Our Pet Policy: The pet and ESA verification platform Logan Miller talked about in Episode 36
HUD Enforcement Memo on Assistance Animals (May 22, 2026) — the federal memo itself
California Civil Rights Department Legal Alert on Emotional Support Animals (July 20, 2026) — the California example we discuss
DoorLoop: The landlord management software we recommend for larger portfolios
TurboTenant: Great landlord management software for newer landlords
Avail: Free Landlord Software
Innago: Free landlord software with online rent collection
EZ Landlord Forms: State-specific lease documents, notices, and addendums
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