Short answer
It depends on your state and type of housing. In May 2026 HUD said it will pursue complaints about animals only when the animal is individually trained, and Texas's housing agency (for properties in its programs) says properties covered only by the federal Fair Housing Act may charge standard pet fees for an untrained ESA at lease renewal. Other properties, and some state and local laws, may still limit fees. Ask your housing provider which rules apply. You remain responsible for any actual damage your animal causes.
It's unsettled
- HUD's May 22, 2026 memo says requests to waive pet policies for untrained ESAs aren't presumed reasonable, and HUD will find a violation only where the animal is individually trained.
- A 2004 HUD and Justice Department joint statement on reasonable accommodations, which HUD's 2025 withdrawal of guidance did not include, says housing providers may not require extra fees or deposits as a condition of granting a reasonable accommodation. How that applies to untrained ESAs today is unclear.
- Texas's housing agency (for properties in its programs) says properties covered only by the federal Fair Housing Act may charge standard pet fees for an untrained ESA at lease renewal.
Your state may have its own rule
Some states limit pet fees or deposits for assistance animals by statute or regulation, and others have no rule. Our ESA laws by state pages say what your state's law says, with sources.
What to do
- Ask your housing provider, in writing, which rules apply to your home and whether they'll waive pet fees for your accommodation.
- Keep their answer.
- Remember that you remain responsible for any actual damage your animal causes.
General information, not legal advice. Last reviewed: November 13, 2026.
