In January 2020, the Department of Housing and Urban Development published FHEO-2020-01, its most comprehensive guidance document on emotional support animals and the Fair Housing Act. For the first time, HUD provided clear, detailed answers to the questions landlords and tenants had been fighting over for years: What documentation can a landlord require? Can landlords charge fees? What animals qualify? When can a landlord deny an ESA?
HUD withdrew FHEO-2020-01 in September 2025 as part of a broader administrative review. The underlying Fair Housing Act statute was not changed. Courts continue to apply the same legal standards. This guide summarizes what the 2020 guidance said — and what remains legally operative today.
The guidance addressed six core areas. Here's the plain-English version of each:
1. What qualifies as a disability under the FHA. The FHA defines disability broadly: a physical or mental impairment that substantially limits one or more major life activities. Mental health conditions — anxiety, depression, PTSD, ADHD, bipolar disorder, schizophrenia, and others — qualify if they substantially limit the person's functioning. A formal diagnosis is not required to qualify; the key is whether the impairment substantially limits a major life activity.
2. What documentation landlords can request. If a disability and the disability-related need for an assistance animal are not obvious or known to the landlord, the landlord may request documentation from a reliable third party. Specifically, they may request a letter from a licensed healthcare provider confirming: (a) the tenant has a disability, and (b) there is a disability-related need for the animal.
What landlords may NOT request: medical records, detailed diagnosis information, the specific nature of the disability, or documentation from providers the landlord selects. Landlords may verify the provider's license, but they cannot demand that tenants use specific services or platforms.
3. The prohibition on fees. FHEO-2020-01 was explicit: landlords "may not require applicants or residents to pay a fee or a deposit as a condition of considering or granting a reasonable accommodation request." No pet deposits. No processing fees. No third-party screening fees. See our full guide: Can My Landlord Charge a Pet Deposit for an ESA?
4. What animals qualify. The guidance addressed whether any animal can qualify as an ESA. The answer: yes, with some limits. A landlord may deny an ESA request for a specific animal if it poses a direct threat that cannot be mitigated, or if there is no reasonable nexus between the disability and the therapeutic benefit of that specific type of animal. However, HUD emphasized that requests must be evaluated individually — blanket species or breed restrictions are not permissible.
5. The interactive process. Landlords must engage in an interactive process when evaluating ESA requests. They cannot simply deny a request because documentation was not submitted in a particular format, or because they are skeptical of the claim. If documentation is insufficient, the landlord must tell the tenant specifically what additional information they need.
6. Internet ESA letters and their limitations. The 2020 guidance addressed the proliferation of websites selling instant ESA letters. HUD stated that internet-sourced ESA letters from providers with no established patient relationship may be given less weight than documentation from a provider with direct knowledge of the tenant's condition. This is important: landlords can scrutinize the reliability of the documentation, but they cannot use skepticism about internet letters as a blanket basis for denial without engaging in the interactive process.
When HUD withdrew FHEO-2020-01 in September 2025, some landlords and property management companies claimed the withdrawal meant that ESA fees were now legal, or that the requirements around documentation no longer applied.
That interpretation is incorrect. The Fair Housing Act itself — 42 U.S.C. § 3604 — was not amended. Courts apply statutory text, not agency guidance. The principles in FHEO-2020-01 reflected decades of FHA case law; they were codifications of existing legal standards, not new requirements created by the guidance document. Those legal standards remain in effect.
The practical impact of the withdrawal: HUD's own enforcement posture may shift, but private plaintiffs bringing FHA lawsuits in federal court are not affected by the withdrawal.
Even though the guidance was withdrawn, you can still cite it in HUD complaints, demand letters, and court filings as evidence of HUD's prior interpretation of the statute. Courts may give it weight as persuasive authority. More importantly, cite the underlying statute — 42 U.S.C. § 3604(f)(3)(B) — which is the operative legal authority regardless of what HUD guidance says.
Free resources for ESA tenants:
— Complaint templates and demand letters
— How to file a HUD complaint
— HUD FHEO-2020-01 in plain English (full breakdown)
— State ESA housing rights
Tenant Pet Rights publishes free legal information for renters with assistance animals. We are not a law firm and this is not legal advice. Consult a licensed attorney for advice specific to your situation.