Short answer
It depends. HUD's earlier guidance said breed, size and weight limits shouldn't apply to assistance animals, but HUD withdrew that guidance effective September 17, 2025. Today it depends on whether your animal is trained, the type of property, and state and local law. Ask your housing provider for its policy in writing.
The old guidance is gone
HUD's earlier guidance said breed, size and weight limits shouldn't apply to assistance animals. HUD withdrew that guidance effective September 17, 2025. In its May 22, 2026 memo, HUD said requests to waive pet policies for untrained ESAs aren't presumed reasonable.
What it depends on now
- whether your animal is trained;
- the type of property;
- your state's and city's laws: see ESA laws by state.
What to do
Ask your housing provider for its policy in writing before you move in or renew, and keep their answer. A landlord must consider a reasonable accommodation request, but may deny a specific animal. If they decline and you believe it was wrong, see what you can do.
General information, not legal advice. Last reviewed: November 13, 2026.
