HUD Withdraws Guidance Documents
marion....@gmail.com
Dear All,
Advocates for Service Animal Partners recently learned that HUD has withdrawn several of its guidance documents concerning implementation of the Fair Housing Act. Before we hear this as a partisan issue with blame pointed at one party or another for shutting down the government and forcing this action, let’s look at the facts. The “Notice to Withdraw Guidance Documents” is dated September 15, 2025, two weeks before the shut down. The notice clearly states that it is taking this action “in accordance with Executive Order 14192 of January 31, 2025 ("Unleashing Prosperity Through Deregulation"), and Executive Order 14219 of February 19, 2025 ("Ensuring Lawful Governance and Implementing the President's 'Department of Government Efficiency' Deregulatory Initiative”.
It should come as no surprise that the attacks on the civil rights of legal immigrants and lawful citizens we are witnessing would not include the civil rights of those of us they mistakenly marginalized and targeted as weak. The purpose of civil rights legislation is to remove the artificial barriers faced by the protected class of individuals, in these cases the disabled. Such provisions offer those of us treated unfairly to seek accountability for the abusive disparate treatment we face seeking housing. And if you think it will stop at housing, you need to read what else is said and where it leads next.
The notice categorically states,
“Equal treatment under the law is a bedrock principle of the United States which guarantees equality of opportunity, not equality of outcomes.” The government is saying that a housing provider must give you the opportunity to rent or buy but they do not need to actually rent or sell to you. Let us follow the next logical step.
It seems this sort of notice and reasoning could also apply to Title II and III entities: Individuals with disabilities must be provided equal opportunity but not an equal outcome. A hotel must guarantee you the opportunity to reserve a room; they do not need to guarantee the outcome of renting the room. A restaurant must give you the opportunity to eat at their restaurant; they do not need to guarantee the outcome of serving you. A retail establishment must give you the opportunity to shop in their store; they do not need to guarantee the outcome of selling you such goods or services. What blatant disregard!
Is this a stretch? Consider the fact that the Americans with Disabilities Act makes no mention of service animals. Rather, the term used is “auxiliary aids and services”. It is my understanding the implementing regulations of the ADA are promulgated by the Department of Justice and are subject to their definitions. Could they just revoke the regulations concerning service animals? We are on a very slippery slope and we must stay vigilant!
Here is the link to the official announcement on the website of the United States Department of Housing and Urban Development.
https://www.hud.gov/sites/dfiles/Main/documents/Notice-of-Withdrawal-of-Guidance-Documents.pdf
Fraternally yours,
Marion Gwizdala
Al Elia
Friends – I am not aware of the rationale for withdrawal of those guidance documents, and am not sure it is relevant to service animals as “Assistance Animals” includes both Service Animals and ESAs. HUD still has this page requiring landlords to allow assistance animals and waive pet fees for them. It also notes that supporting information about the disability can only be required “if the disability and the disability-related need for the animal [is] not apparent.”
Also, The FHA regulations themselves explicitly lists landlords allowing guide dogs notwithstanding no pet policies as the first example of a reasonable accommodation to housing policies in 24 C.F.R. § 100.204(b)(1).
So I’m not yet concerned about the withdrawal of the guidance documents. If HUD issues a NPRM to change the service animal regulations to allow landlords to require documentation from us, or to otherwise reduce our rights as service animal users, or issues guidance that flies in the face of the protections we enjoy, I will lead the charge against them, but at the moment there are plenty of actual barriers to service animal users to concern ourselves with before we spend our limited resources on hypothetical concerns.
Yours,
/Æ
Al Elia
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