If you've been managing rental properties in Oklahoma, you know the drill with emotional support animals: verify the documentation, don't charge pet fees, accommodate the request. That's what HUD guidance has said for years.
Well, everything just changed.
On September 17, 2025, the U.S. Department of Housing and Urban Development officially withdrew its guidance on emotional support animals. The documents that governed how we handle ESAs for the past five years? Gone. You can link to their notice here.
What did they withdraw?
HUD pulled two major guidance documents:
FHEO Notice 2013-01: Service Animals and Assistance Animals for People with Disabilities
FHEO Notice 2020-01: Assessing a Person's Request to Have an Animal as a Reasonable Accommodation
These were the documents that told us we couldn't charge fees, deposits, or pet rent for ESAs. As of September 17,, HUD is no longer enforcing or relying on this guidance.
The next question is why did they do this. The HUD memo is remarkably direct: previous guidance went beyond what the Fair Housing Act actually requires, created compliance burdens not found in the statute itself, and made "American housing more expensive and less fair."
The new policy focuses on cases with "strong evidence of intentional discrimination" rather than what HUD calls "novel and tenuous theories" that "needlessly diverted resources for years. What this means for you is HUD is pulling back from aggressive enforcement on ESA cases.
In July 2025, a Louisiana federal judge ruled in Henderson v. Five Properties LLC that landlords don't automatically have to waive fees for emotional support animals. The tenant had to prove the waiver was necessary for her disability - and couldn't. The judge said HUD's guidance "lacks the power to persuade" and doesn't change what the actual law requires. This new memo means HUD essentially agrees that heir guidance went beyond the statute.
Now what? Keep in mind this is not legal advice. Consult your attorney as to how this may affect your business. If you have a pet fee or deposit that applies to all animals, you may now be able to apply it to ESAs. It is important it's reasonable and applied consistently. Rather than automatically waiving fees, assess whether it's truly necessary for this specific tenant. Consider payment plans as alternatives. Online "ESA registries," generic letters from ESA mills, providers with no therapeutic relationship can now be easily rejected. HUD won't pursue these cases now.
Conversely there are some things you still cannot do. One, is to automatically deny all ESA requests. The Fair Housing Act statute hasn't changed. Disability discrimination is still illegal. You also need to ensure you are not using fees to discourage ESAs. If you're setting fees high specifically to keep out people with ESAs, that's still discrimination. Don’t ignore legitimate disability needs. If someone has a clear disability and legitimate ESA need, you still have to make reasonable accommodations.
What is your risk now? We know this:
HUD won't prioritize ESA enforcement
HUD withdrew its prohibition on fees
Court precedent supports reasonable fees
Private lawsuits are still possible.
State or local laws might be stricter
Some courts might not follow the new reasoning
What should Landlords do now? Create a standard animal policy. We have moved away from the word pet altogether. Set a reasonable fee for all animals (under 10% of annual rent). Verify all applications thoroughly. Require legitimate documentation from licensed providers with therapeutic relationships. Reject obvious fraud with confidence. This includes online certificates and generic letters. Document, document, document. Every request, every decision, every conversation. Be flexible and willing to waive when necessary. Don’t have a blanket "charge everyone" policy. This approach takes advantage of the new landscape while protecting you from unnecessary liability.
Honestly this is all new and still somewhat unclear. Local states and municipalities could pass their own regulations. More importantly as you see here with a different administration, comes new guidance. Stay informed and stay flexible.
Questions about how this affects your properties? Contact Renters Place - we're updating our policies right now and can help you navigate these changes.
Read the official documents:
HUD's Notice of Withdrawal (September 17, 2025)
HUD's Enforcement Priorities Memo (September 16, 2025)
Disclaimer: This is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney before making decisions about ESA requests at your properties.
