Pet, Emotional Support Animal (ESA) or Service Animal?

­Florida ESA Rules Changed in 2026: What Buyers, Tenants, Landlords and Condo Associations Should Know

Last reviewed: July 30, 2026

Federal enforcement involving emotional support animals changed significantly in 2026, but emotional support animals have not automatically lost all housing protection.

The key change is that the U.S. Department of Housing and Urban Development, commonly known as HUD, will now generally prioritize housing-discrimination cases involving animals individually trained to perform disability-related work or tasks. Untrained emotional support animals are no longer automatically treated like trained service animals for HUD enforcement purposes.

However, this is an enforcement policy—not a new federal law. The federal Fair Housing Act was not amended, Florida’s emotional support animal statute remains in effect, and individuals may still pursue state complaints or private lawsuits.

For buyers, tenants, landlords and condominium associations, every request should therefore be evaluated individually and supported by reliable information.

What changed in 2025 and 2026?

In September 2025, HUD withdrew its 2013 and 2020 assistance-animal guidance. Housing providers had relied on that guidance to evaluate requests for service animals and emotional support animals.

On May 22, 2026, HUD issued a new enforcement memorandum stating that it will generally find reasonable cause in animal-related accommodation cases only when the animal has been individually trained to perform work or tasks directly related to a person’s disability.

Under HUD’s new position:

• Trained assistance animals receive the strongest federal enforcement protection.

• Providing comfort, companionship or emotional support through an animal’s presence does not constitute a trained task.

• Requests involving untrained emotional support animals are no longer presumed reasonable for HUD enforcement purposes. 

• Each request should be evaluated based on its particular facts.

• HUD intends to conduct future formal rulemaking on assistance animals.

Although HUD has narrowed federal enforcement, Florida law still expressly recognizes emotional support animals. Whether and to what extent Florida will continue requiring accommodations for untrained ESAs may ultimately depend on future court decisions or additional regulations.

What is the difference between a pet, an ESA and a service animal?

A psychiatric service animal can qualify as a service animal. For example, a dog trained to recognize an anxiety attack and take a specific action may qualify. If the animal’s presence simply provides comfort, it is generally considered an emotional support animal instead.

What makes an animal qualify as an ESA in Florida?

Under Florida Statute §760.27, an emotional support animal does not require specialized training. Its presence must provide therapeutic emotional support that alleviates one or more identified symptoms or effects of a person’s disability.

When the disability or need is not apparent, a landlord or association may request reliable information supporting:

1. The existence of a qualifying disability.

2. The person’s disability-related need for the particular animal.

3. The specific need for each animal when more than one is requested.

4. Compliance with applicable vaccination and licensing requirements.

Information from a healthcare or telehealth provider may be considered reliable when the provider has personal knowledge of the person’s disability and is acting within the scope of the provider’s professional practice.

Florida law treats documentation from certain out-of-state providers differently. When relying on an out-of-state practitioner to establish the disability, the practitioner generally must have provided the person with in-person care or services on at least one occasion.

An online ESA registration, identification card, vest, patch or certificate is not sufficient by itself to establish a disability or disability-related need.

What information may a landlord or association request?

If the disability and need are not readily apparent, the housing provider may request reliable supporting information.

However, under Florida law, the housing provider generally may not require:

• Disclosure of the person’s specific diagnosis.

• Information about the severity of the disability.

• The person’s medical records.

• A notarized statement.

• Exclusive use of the association’s preferred form.

A landlord or association may establish a routine process for accommodation requests, but it cannot deny a request solely because the applicant did not use a particular form.

When can an animal be denied?

The answer depends on whether the animal is a pet, ESA or service animal.

An ordinary pet can generally be denied under lawful pet restrictions.

An accommodation request involving an ESA or service animal may potentially be denied when:

• The person does not establish a qualifying disability.

• Reliable information does not establish a disability-related need for the particular animal.

• The documentation is fraudulent, generic or based solely on an online registration.

• An animal claimed as a service animal has not been trained to perform a specific disability-related task.

• Multiple animals are requested without establishing the particular need for each one.

• The specific animal presents a direct threat to the health or safety of others.

• The specific animal presents a direct risk of physical damage to another person’s property.

• The threat or risk cannot be reduced or eliminated through another reasonable accommodation.

• The requested accommodation is not necessary or reasonable under the circumstances.

The assessment should be based on the particular animal’s behavior, history and circumstances—not stereotypes or generalized assumptions about a breed.

A person remains responsible for damage caused by an ESA or service animal.

Can pet fees or deposits be charged for an ESA?

Florida law provides that a person approved for an ESA accommodation may not be required to pay extra compensation for the animal. The person may still be held responsible for actual damage caused by the animal.

HUD’s new enforcement position creates uncertainty at the federal level, particularly after a 2025 federal court decision questioned whether waiving a pet fee was always necessary and reasonable for an untrained ESA.

Florida housing providers should not interpret the HUD memorandum as automatic permission to charge every ESA a pet fee. The interaction between Florida law and the new federal enforcement position may require legal interpretation on a case-by-case basis.

Must an ESA or service animal be disclosed in a housing application?

There does not appear to be a blanket requirement under Florida law to disclose a disability or assistance animal on the initial purchase or rental application. Florida’s statute refers to a person who has or “at any time obtains” an emotional support animal.

Nevertheless, a person seeking an exception to a pet restriction must affirmatively request a reasonable accommodation. An applicant should not simply move the animal into the property without completing the landlord’s or association’s accommodation process.

If an application asks about all animals—not merely pets—the applicant should respond truthfully while identifying the animal as the subject of a reasonable-accommodation request.

For an animal already owned, the safest approach is to submit the request and supporting documentation:

• During the rental or association application process.

• Before moving into the property.

• For a purchase, before the association-approval or inspection deadlines expire.

• Preferably before closing.

Waiting until after closing may leave a buyer responsible for a property in which the requested animal is disputed or denied.

What should buyers and tenants do before committing to a property?

Before signing a lease or purchasing in a pet-restricted community:

1. Review the lease, association declaration and pet restrictions.

2. Obtain the association’s written accommodation procedures.

3. Verify that the documentation addresses both the disability and the need for the particular animal.

4. Submit the accommodation request early.

5. Keep copies of the request and supporting documents.

6. Obtain the decision in writing whenever possible.

7. Avoid relying on verbal promises from Realtors, property managers or board members.

A Realtor can help identify the process, relevant deadlines and governing documents. The Realtor should not determine whether the animal qualifies or promise that the request will be approved.

Frequently Asked Questions

Did the 2026 HUD change eliminate ESAs?

No. HUD narrowed the cases it expects to pursue, but it did not amend the Fair Housing Act or repeal Florida’s ESA statute. Protection for untrained ESAs is now less predictable, particularly at the federal enforcement level.

Is an ESA automatically exempt from pet restrictions?

No. The person must request a reasonable accommodation and, when necessary, provide reliable information establishing a qualifying disability and the need for that specific animal.

Is a healthcare provider’s letter enough for an ESA?

It can be, but not every letter is sufficient. It should come from a qualified provider with personal knowledge of the person’s disability and should establish the disability-related need for the particular animal without necessarily revealing the diagnosis.

Is an online ESA certificate sufficient?

No. A registration, certificate, identification card or vest obtained online is not sufficient by itself.

Can an association ask what the person’s disability is that justify having an Emotional Support Animal?

Generally, it may request reliable information supporting the existence of a disability when it is not apparent, but it cannot require the diagnosis, severity or medical records.

Can the association require its own form?

It may offer a standard form and process, but Florida law does not allow denial solely because the applicant used another method or declined to provide a notarized statement.

Can breed, weight or size restrictions be applied?

A qualifying accommodation may require an exception to ordinary pet restrictions. The decision should be based on an individualized evaluation of the specific animal rather than generalized assumptions.

Can an ESA be denied because it is dangerous?

Yes, if the particular animal presents a direct threat to people or a direct risk of physical property damage that cannot be sufficiently reduced through another reasonable accommodation.

Who decides whether the animal qualifies?

The landlord, condominium association or other housing provider evaluates the accommodation request. A real estate professional may help the client understand and navigate the process but should not guarantee approval.

The takeaway

The 2026 HUD memorandum makes the distinction between trained service animals and untrained emotional support animals more important than ever.

Service animals trained to perform disability-related tasks retain the strongest protection. ESAs may still qualify under Florida housing law, but applicants should expect closer examination of their documentation and the relationship between the disability and the particular animal.

For buyers and tenants, the best protection is to address the request before moving or closing. For landlords and associations, the safest approach is a documented, individualized review—not an automatic approval or denial.

This article is provided for educational purposes and is not legal advice. Assistance-animal requests are fact-specific. Buyers, tenants, landlords and community associations should consult qualified legal counsel when a request is disputed.

Primary sources

• HUD Enforcement Guidance—May 22, 2026

• HUD Notice Withdrawing Prior Guidance—September 17, 2025

• Florida Statute §760.27—Emotional Support Animals in Housing

• ADA Frequently Asked Questions About Service Animals

• Miami Herald: Federal Housing Rule Change Affecting ESAs