The state of ESA law after withdrawn guidance from HUD

On Sept. 17, 2025, the Department of Housing and Urban Development withdrew its two guidance documents from 2013 and 2020 that purported to clarify how HUD would enforce Fair Housing Act claims seeking exemptions from pet restrictions for emotional support animals, explaining in its notice that it was doing so as part of a change in departmental statutory interpretation. At the same time, HUD has greatly reduced its enforcement staff and has directed that future enforcement investigations focus on cases that present clear evidence of intentional discrimination. What does the withdrawal of guidance and reduced enforcement efforts mean for institutions that offer residential housing?