Disability Rights Florida is monitoring a recent policy change from the U.S. Department of Housing and Urban Development that may affect people with disabilities who use emotional support animals in housing.
On May 22, 2026, HUD issued new enforcement guidance on animal-related reasonable accommodation complaints under the federal Fair Housing Act. Under this guidance, HUD’s Office of Fair Housing and Equal Opportunity says it will generally pursue complaints only when the animal has been individually trained to perform disability-related work or tasks. This marks a significant shift from earlier HUD guidance, which recognized emotional support animals as assistance animals that may be needed as reasonable accommodations in housing.
For Floridians with disabilities, the key point is this: the Fair Housing Act itself has not changed. Federal law still requires many housing providers to make reasonable accommodations when needed for a person with a disability to have an equal opportunity to use and enjoy their home. HUD’s new guidance changes how the agency says it will prioritize enforcement, but it does not erase all legal rights or other possible paths for action.
Florida also has its own law addressing emotional support animals in housing. Florida Statute 760.27 defines an emotional support animal as an animal that does not need training to perform specific work or tasks, but provides support through its presence that helps alleviate one or more identified symptoms or effects of a person’s disability. The statute also says that, to the extent required by federal law, rule, or regulation, a person with a disability or disability-related need may be allowed to keep an emotional support animal as a reasonable accommodation and may not be required to pay extra compensation for that animal.
This policy shift may create confusion for tenants, landlords, housing providers, and community associations across Florida. People with disabilities who use emotional support animals may face more questions, more denials, or requests for documentation as housing providers try to understand what the new federal enforcement position means.
Floridians should keep records of accommodation requests, responses, fees, denials, and any written communication with a landlord, property manager, or association. Florida law allows housing providers to request reliable information in certain situations, but it also limits what they can ask for. For example, housing providers may not require medical records or require disclosure of a diagnosis or the severity of a person’s disability.
Housing discrimination complaints in Florida may still be filed with the Florida Commission on Human Relations. According to FCHR, housing discrimination complaints must generally be filed within one year of the last alleged discriminatory act, and housing complaints may be filed by mail, fax, or in person.
Disability Rights Florida will continue to monitor how this federal policy change affects Floridians with disabilities and their access to safe, stable housing.
For more information, read DREDF’s original analysis: An Enforcement Agency That Won’t Enforce: HUD’s Policy Reversal On Emotional Support Animals