HOAleader.com - Tip of the Week - January 9, 2026
Published: Fri, 01/09/26
Updated: Thu, 01/15/26
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HOAleader.com - Tip of the Week - January 9, 2026
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In this week's tip, we unpack what the Trump administration's Notice of Withdrawal of Guidance with regard to emotional support animals means for how your condo or HOA should respond when owners seek an accommodation.
The U.S. Department of Housing and Urban Development has long placed requirements on condos and HOAs to ensure that owners and residents who need an accommodation under disabilities and fair housing laws are treated fairly.
However, as we reported last month, on September 17, 2025, the Trump administration issued several edicts related to a number of fair housing rules and regulations, including some related to emotional support animals. Specifically regarding emotional support animals, HUD has withdrawn:
- FHEO 2020-01: Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (Jan. 28, 2020)
- FHEO Notice 2013-01: Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs (April 25, 2013)
Our experts say these changes haven't changed their advice to their condo and HOA clients.
“That 2020 guidance that was withdrawn limited what the housing provider could ask in connection with request for a service or emotional support animal,” explains Lisa Magill, CCAL, of counsel based in Pompano Beach, Fla., Kaye, Bender & Rembaum, who represents about 80 condos and HOAs throughout Florida. “The implication is those limitations are being receded from. The federal government also removed guidance that limits how you can use a history of criminal convictions to review tenants or purchasers.
“To me, it looks like the federal government is really going to focus only on intentional discrimination, not disparate discrimination, and a lot of disability claims aren't disparate impact claims,” she adds. “But in condos and HOAs, there are more disparate impact claims, like restrictions of the use of facilities by children.”
Withdrawing guidance, however, doesn't mean laws have changed. Read all the reasons why in our new article: https://www.hoaleader.com/members/5235.cfm
Best regards,
Matt Humphrey
President
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