After HUD’s Reversal on Emotional Support Animal Housing Rules, What Actually Still Protects Tenants

After HUD eliminated years of guidance on emotional support animals, a psychologist who evaluates ESA requests across 44 states explains what still holds up.

SAN DIEGO, CA, UNITED STATES, October 7, 2026 /EINPresswire.com/ — In May 2026, the U.S. Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity issued a memo eliminating nearly two decades of guidance that had generally required landlords to accommodate untrained emotional support animals under the Fair Housing Act, replacing it with the stricter Americans with Disabilities Act standard, which requires an animal to be individually trained to perform specific disability-related tasks. HUD staff were instructed to stop pursuing complaints involving untrained animals. Five months later, Dr. Alan S. Jacobson, Psy.D., MBA, a licensed clinical psychologist who evaluates ESA requests across 44 states, says many tenants with real diagnoses and real pets are still confused about whether their documentation means anything now.

The memo permanently cancels HUD’s 2013 and 2020 ESA guidance and removes the presumptive obligation landlords previously had to waive pet
restrictions and fees for a documented emotional support animal. It does not, however, eliminate every protection. Landlords must still accept ESA applications that are thorough and clinically sound, and tenants retain the right to sue privately in court over a denial, under a two-year statute of limitations. All of this means the quality of the underlying clinical documentation matters more, not less. State-level protections, including California’s Fair Employment and Housing Act and similar laws in most states, continue to operate independently of the federal reversal, as do ADA and Section 504 claims.

Jacobson’s own ESA evaluations involve a 45- to 90-minute clinical consultation and an individualized assessment that may include psychological testing, a model he distinguishes from instant online ESA-letter services that issue documentation from a short questionnaire regardless of the answers given. He offers a free 20-minute preliminary consultation to assess the likelihood of qualifying before a client commits to a full evaluation, and qualifying clients receive a letter within 7-10 days.

The approach reflects the broader principle behind Foresight Psychological Institute, the parent organization for Jacobson’s clinical practices: that
documentation is only useful if it is built to hold up under real scrutiny, not simply to clear an inbox.

Jacobson holds PSYPACT authority to practice telepsychology across 44 states, allowing him to conduct ESA evaluations for clients well beyond his
Massachusetts, California, New Hampshire, and New York licenses. More information is available on his website.

About Dr. Alan S. Jacobson, Psy.D., MBA: Dr. Alan S. Jacobson, Psy.D., MBA provides individual, couples, and family therapy, along with emotional support animal evaluations, through Foresight Psychology, PLLC. He is a licensed clinical psychologist with more than 25 years of experience, licensed in Massachusetts, California, New Hampshire, and New York, with PSYPACT authority across 44 states.

About Foresight Psychological Institute: Foresight Psychological Institute is the parent organization for a network of clinical psychological practices founded and directed by Dr. Alan S. Jacobson, Psy.D., MBA, built on the principle that responsible psychological care looks forward — connecting today’s diagnosis to tomorrow’s real-world outcome, rather than stopping at a label. Its practices include therapy, psychological and neuropsychological testing, and therapeutic tutoring. Learn more at https://appliedpsychologicalscience.com

Dr. Alan Jacobson
Foresight Psychology, PLLC
+1 617-680-5488
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