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It happens on a Tuesday morning. You’re already juggling three lease renewals and a maintenance callback, and a resident walks in with an ESA letter and a question you’ve heard before: “So this means I don’t have to pay pet rent, right?”
You’ve probably also seen the news about the HUD memo. Maybe your regional manager forwarded something. Maybe a resident came in asking whether the rules changed. The short answer: it depends on your state, and the process you follow at your property still matters a lot.
This post is not about legal theory. It is about what you do when an ESA request comes in, step by step, and what the new HUD guidance actually means for your day-to-day.
First: What Actually Changed (And What Didn’t)
On May 22, 2026, HUD released a memo saying they will no longer treat emotional support animals the same as trained service animals at the federal enforcement level. A lot of headlines called this the end of ESA protections. That’s an overstatement.
More than half of the states in the U.S. have their own laws that still require housing providers to accommodate emotional support animals. If your property is in one of those states, nothing about your process changes. Your state’s civil rights department still enforces the same rules.
A smaller number of states: Idaho, Michigan, Texas, and Alaska are examples that don't have ESA-specific laws. In those states, the memo creates more flexibility for housing providers. But even there, the documentation process still matters. You still need to handle every request the right way.
The bottom line for you: until your regional manager or compliance team gives you updated guidance for your specific properties, run your process the same way you have been. The risk of moving too fast is higher than the risk of being too careful.
When a resident asks you about the HUD memo, the honest answer is: “We’re working with our compliance team on what that means for our properties specifically. In the meantime, the process for ESA requests is the same.” That is a true and safe answer.
Step by Step: What to Do When an ESA Request Comes In
Here is the process, in order:
- Log it immediately. Every accommodation request whether it arrives by email, text, paper letter, or in person needs to be recorded with the date and time it came in. Do not wait. Do not let it sit in a pile. A request that goes unanswered looks like deliberate avoidance in a complaint investigation.
- Look at what they submitted. If they gave you a letter, check whether it includes two things: confirmation that the person has a disability, and confirmation that there is a specific need for the animal because of that disability. Both need to be there. If either is missing, the letter is incomplete.
- Check for red flags. You are allowed to identify whether a letter looks like it was purchased online. More on what to look for in the next section.
- Respond in writing. Whether the documentation is complete, incomplete, or looks fraudulent, your response goes in writing. Always. This is your protection.
- Stay open to follow-up. If you send back a request for more information, you need to be available when the resident responds. The interactive process means you stay engaged until there is a resolution. You do not deny and go silent.
How to Spot a Letter That Was Purchased Online
About 60% of ESA letters OurPetPolicy sees in its system were purchased from online services that charge $50 to $150, run a short questionnaire, and deliver a signed letter in hours. These are signed by real licensed providers, which is why they look legitimate. Here is what separates them from the real thing:
- The expiration date is exactly one year out. Real healthcare providers almost never put an expiration date on an ESA letter. Online services almost always do. If the letter expires exactly 12 months from the date it was written, that is a strong signal.
- A “verification number” or QR code. No real doctor registers their letters with an external database. If there’s a number or code with a URL, it was purchased online. You can decline this one without going through the full back-and-forth, it’s not considered reliable documentation.
- Language about hotels or airlines. Airlines stopped recognizing ESAs in January 2021. Any letter that mentions airline or hotel accommodation rights is almost certainly a template that hasn’t been updated.
- No real contact information. A real provider’s letter has an office address, a phone number, and a state license number you can look up. Generic group practice names with no location are a red flag.
- Three letters submitted at once. Some online services send three pre-written templates and tell buyers to delete the ones they don’t need. Most don’t delete them. If you get three versions of the same letter in one envelope, it was purchased online.
- The letter is three or four pages long. Real letters are short. A busy clinician writes a paragraph or two. A multi-page letter with regulatory quotes is a product.
If you see these flags, document them specifically before you send any response. Write down exactly which flags you identified and why they indicate the letter was not from a legitimate clinical relationship. That documentation is what protects the denial.
What You Can and Cannot Ask
This is where most site managers get into trouble: asking the wrong questions, even with good intentions.
You can ask for clarification on whether the letter confirms a disability and a disability-related need for the animal. You can ask for a letter from a healthcare provider if none was submitted. You can ask whether a verification can be done by phone or email if the letter’s provider contact information is missing.
You cannot ask what the disability is. You cannot ask for a diagnosis. You cannot ask why a particular animal is needed over another type. You cannot require specific forms, specific email addresses, or specific formats that the provider won’t use.
If a resident pushes back on a denial and asks why, your answer is: “The documentation submitted doesn’t confirm [what is missing]. We need confirmation that there is a disability and a disability-related need for the animal. Can you have your provider send that clarification?” You are not making a judgment about their disability. You are identifying what the documentation is missing.
The Part That Removes You From the Middle
The most stressful part of ESA requests for most onsite managers is being the person who has to tell a resident no. Or being the person who approves something and later finds out it was fraudulent. Either way, it feels like your call and your problem.
The right process changes that. When documentation goes through a proper verification workflow, the decision is not yours. You communicate the outcome. You do not make the call. That distinction changes the conversation entirely. When a resident pushes back, you can honestly say: “This went through our verification process. I’m not the one who decides, I’m just communicating the result. If you want to provide additional documentation, here’s what it needs to include.”
You become the messenger. Not the judge. That is a much more manageable position to be in every day.
OurPetPolicy’s ebook below is designed to be a reference you can actually use when a request comes in the documentation checklist, the red flag list, and the word-for-word language for the most common conversations. Keep it somewhere your whole team can find it.
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You can also watch our On-Demand Webinars on this topic.
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