Emotional Support Animals After HUD’s New Memo: What Owners Should — and Should Not — Do Now

Training Overview

HUD’s May 22, 2026 FHEO enforcement memorandum has created significant confusion for housing providers handling emotional support animal requests. While the memo signals a major shift in how HUD/FHEO may evaluate Fair Housing Act complaints involving assistance animals, it is not a regulation, does not amend the Fair Housing Act, and does not resolve all owner compliance obligations.

This 90-minute session will explain what the new HUD memo says, what prior guidance HUD has withdrawn, and why owners should be cautious before making broad changes to ESA policies or procedures. We will review the difference between HUD/FHEO enforcement posture and owner obligations, discuss the continuing relevance of Section 504, ADA, state and local laws, and private fair housing claims, and identify practical steps owners can take while waiting for formal rulemaking or further clarification.

Participants will leave with a clearer understanding of the current ESA uncertainty and a practical framework for evaluating reasonable accommodation requests case by case.

In this session, we will cover:

• What HUD’s new ESA enforcement memo says — and what it does not say 
• The withdrawal of HUD’s 2013 and 2020 assistance-animal guidance 
• Why the memo is not the same as a regulation or formal rulemaking 
• The difference between trained service animals and emotional support animals 
• Why HUD-assisted properties must still consider Section 504 issues 
• The unanswered questions about pet fees, pet deposits, breed/size restrictions, and existing ESA      approvals 
• The risk of relying on the memo as a blanket basis to deny ESA requests 
• Practical guidance for updating policies, staff instructions, and accommodation review procedures

Gwen Volk

Since 1983, Gwen Volk has been a leading advocate for affordable housing, helping developers, owners, agents, and on-site staff navigate the complexities of federal and state housing programs. Gwen Volk INFOCUS, Inc. provides expert training, consulting, and compliance services to empower professionals and organizations across the United States.

With over four decades of experience, Gwen Volk has held pivotal leadership roles and earned national recognition for her contributions to affordable housing:

• Leadership Experience: Served as Vice President, President, and CEO of a Midwest housing development and management company (1983–1996).
• Compliance Expertise: Chief Compliance Officer for a Dallas-based firm (2001–2014).
• Nationwide Consultant: Since 1996, Gwen has provided training and consulting services to affordable housing professionals across the U.S.

Gwen Volk

Owner, Gwen Volk Inc.