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

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This 90-minute session will explain what the new HUD memo says, what prior guidance HUD has withdrawn, and why owners should be cautious before making broad changes to ESA policies or procedures.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

Additional Benefits

• Live Q&A with Gwen Volk
• Interactive quiz during the session
• Certificate of Participation
• Downloadable handouts

Who Should Attend

• Property Managers
• Property Owners
• Maintenance Staff
• Leasing Consultants

Speaker(s)

Gwen Volk

Gwen Volk has worked in the affordable housing industry since 1983. She has been president and CEO of a Midwest property management company and chief compliance officer over a Dallas firm’s national portfolio. She has a Master’s degree in Business and is a Certified Property Manager through the Institute of Real Estate Management. Gwen holds certifications as a National Affordable Housing Professional – Executive Level, Specialist in Housing Credit Management, Housing Credit Certified Professional, Certified Professional of Occupancy, and in Fair Housing Compliance and has been a servant leader in the AHMAs, NAHMA and IREM throughout her career. Gwen is a nationally recognized expert in the tax credit, bond, HOME, and Section 8 programs and enjoys helping agents, owners, and managers make sense of it all.

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