Written by: Do you need to train your emotional support animal to qualify for housing protections? That depends on where you live!
In May 2026, the U.S. Department of Housing and Urban Development (HUD) changed its Guidance on emotional support animals (ESAs). Under the new Guidance, HUD will generally only investigate complaints involving assistance animals that are trained to perform work or tasks related to their owner’s disability.
But here’s something important to know: some states have their own laws protecting emotional support animals that do not have special training. These state laws can give ESA owners protections that are different from HUD’s current federal enforcement rules.
In this article, we’ll explain which states recognize untrained ESAs, what their laws say, and what these changes could mean for you and your emotional support animal.
Do Emotional Support Animals Need Training?
Traditionally, emotional support animals have not needed special training to qualify for housing accommodations. Unlike service dogs, which are trained to perform specific tasks for people with disabilities, ESAs historically provided emotional or therapeutic support to their owners. That support can come from something as simple as the animal’s presence. For example, someone with a qualifying mental health disability might find that having their cat nearby helps alleviate symptoms of anxiety. The cat doesn’t necessarily need to be trained to recognize an anxiety attack or perform a specific action to provide that benefit.
HUD’s May 2026 Guidance has complicated things.
HUD now places greater emphasis on whether an animal has been trained to respond to symptoms of its owner’s disability when deciding which housing discrimination complaints it will investigate. However, the federal Fair Housing Act (FHA) itself has not been amended to expressly require all ESAs to perform trained tasks. Importantly, several states have their own ESA laws that continue to recognize animals that provide emotional support without special training.
States That Explicitly Recognize Untrained Emotional Support Animals
Some states make it especially clear that emotional support animals do not need to be trained to perform disability-related tasks. If you live in one of these states, the wording of your state’s law may be particularly important when requesting an ESA accommodation.
Arkansas
Arkansas defines an emotional support animal as an animal that provides emotional, cognitive, or similar support to someone with a disability. Under Arkansas Code § 20-14-1001(1), an ESA does not need to be trained or certified. This means Arkansas recognizes that an animal can provide valuable disability-related emotional support without learning special tasks.
California
California also expressly recognizes emotional support animals that do not have special training. Under California Health and Safety Code § 122319.5, an ESA provides emotional, cognitive, or similar support to a person with a disability. The law specifically states that ESAs do not need to be trained or certified. California also has additional requirements for healthcare professionals who issue ESA documentation, including rules concerning the provider-patient relationship.
Florida
Florida has one of the clearest ESA housing laws in the country. Under Florida Statute § 760.27, an ESA provides therapeutic emotional support through its presence and does not need to be trained to perform work or tasks. Florida’s law also protects qualifying ESA owners from being charged extra compensation for an approved ESA housing accommodation.
Indiana
Indiana Code § 22-9-7-8(b) expressly recognizes that an emotional support animal does not need specific training. Indiana’s law distinguishes emotional support animals from service animals that have been individually trained to perform disability-related tasks.
Kentucky
Kentucky Revised Statutes § 258.500(1)(b) defines an emotional support animal as a companion animal that may help alleviate symptoms or effects of a person’s disability. The statute distinguishes ESAs from animals that have been individually trained to perform work or tasks. That distinction is important because Kentucky recognizes the benefits of emotional support without treating ESAs the same as trained service animals.
Minnesota
Minnesota Statutes § 504B.113 defines a support animal as an animal that provides emotional support to alleviate symptoms or effects of a disability. The law specifically states that a support animal does not need to be trained to perform a disability-related task. In other words, Minnesota recognizes that an animal’s emotional support can be beneficial even when the animal has not learned a specific task.
Wisconsin
Wisconsin Statutes § 106.50(1m)(im) recognizes emotional support animals that provide emotional support, well-being, comfort, or companionship. The statute distinguishes ESAs from animals trained to perform tasks for people with disabilities. Wisconsin’s definition is especially helpful because it expressly recognizes comfort and companionship as forms of emotional support.
States That Recognize Emotional Support Without Requiring Specific Tasks
Other states have laws recognizing animals that provide emotional or therapeutic support, even though their statutes do not expressly say that training is unnecessary. The distinction is important. These states may define assistance animals by the support they provide rather than by whether they perform a trained task.
Colorado
Colorado Revised Statutes § 24-34-301 recognizes emotional support animals that provide emotional support to alleviate symptoms or effects of a person’s disability. Colorado also recognizes assistance animals that provide therapeutic emotional support. Colorado’s definition does not make trained task performance a defining requirement for an emotional support animal.
Louisiana
Louisiana Revised Statutes § 46:1973 recognizes support animals that perform work, provide assistance, or offer therapeutic emotional support. This means Louisiana’s definition recognizes emotional support as a form of assistance separate from performing work or tasks.
Maine
Maine Revised Statutes, Title 5, § 4553(1-H), recognizes assistance animals that provide disability-related support independent of training; however, this support is not specifically defined as “emotional.” However, as long as a medical professional determines that the person has a disability and needs an animal, that would appear to be sufficient under Maine’s definition. Maine’s law distinguishes animals that perform trained work or tasks from animals that provide disability-related support.
Oklahoma
Oklahoma recognizes emotional support animals within its statutory definition of assistance animals. Under Oklahoma Statutes, Title 41, § 113.2, assistance animals include animals that provide emotional support to alleviate symptoms or effects of a disability. Oklahoma also has a separate statutory definition distinguishing emotional support animals from animals trained to perform disability-related work or tasks.
Tennessee
Tennessee Code § 66-28-406 recognizes support animals that perform work, provide assistance, or offer emotional support to people with disabilities. Because emotional support is separately recognized, the statute does not define every support animal by its ability to perform trained tasks.
Wyoming
Wyoming Statutes § 35-13-205 recognizes assistance animals that perform work, provide assistance, or offer emotional support that alleviates symptoms of a disability. Like several other states, Wyoming recognizes emotional support as a form of disability-related assistance.
Other States With Emotional Support Animal Protections
Not every state uses the same legal definition of an emotional support animal. Some states include ESAs within a broader definition of assistance animals. Others refer to federal housing laws or have administrative regulations addressing emotional support animals. Here are a few examples:
Hawaii
Hawaii recognizes assistance animals that provide emotional support through its housing discrimination laws and administrative regulations. Hawaii Administrative Rules § 12-46-302 addresses assistance animals, including animals that only provide emotional support without making any comment on training. This is an important distinction because Hawaii’s relevant language appears in administrative regulations rather than in a standalone ESA statute.
What about states that do not have their own ESA training laws?
If your state isn’t listed above, carefully check your local housing laws and regulations. Some states protect ESA owners through general housing discrimination laws without creating a separate statutory definition of an emotional support animal. Others rely primarily on federal fair housing protections.
The important thing to understand is that not having a state law expressly recognizing untrained ESAs is not the same as having a law requiring ESA training.
How does HUD’s May 2026 Guidance affect state ESA laws?
HUD is the federal agency responsible for investigating housing discrimination complaints under the Fair Housing Act. In May 2026, HUD changed its enforcement Guidance concerning assistance animals. The new Guidance places greater emphasis on whether an animal is trained to perform work or tasks related to its owner’s disability. This matters because an ESA owner who files a complaint with HUD may now face different requirements than under HUD’s previous Guidance. However, HUD’s Guidance is not the same thing as a law passed by Congress.
The Fair Housing Act itself has not been amended to expressly require all emotional support animals to perform trained tasks. More importantly, HUD’s federal Guidance does not automatically cancel state laws that independently recognize untrained emotional support animals. For example, Florida expressly recognizes ESAs that provide therapeutic emotional support through their presence without requiring task training. Minnesota specifically states that support animals do not need training to perform disability-related tasks. Those state-law provisions remain relevant even though HUD has changed its federal enforcement approach.
This is why knowing your state’s ESA laws is more important than ever.
Does my ESA still need basic obedience training?
There’s a difference between training your ESA to perform disability-related tasks and making sure your animal behaves appropriately. Even in states where special ESA training is not required, your animal should be well-behaved and under control. For example, an ESA should not pose a direct threat to other residents or cause substantial property damage. Basic obedience training is a good idea for any dog, whether it’s a pet, ESA, or service animal. But basic obedience is not the same as teaching an animal to perform a disability-related task.
A landlord may have a legitimate reason to deny or restrict an ESA accommodation if the particular animal poses a direct threat that cannot be adequately addressed or if another recognized legal exception applies.
Frequently Asked Questions About State ESA Training Laws
Not necessarily. HUD changed its federal enforcement Guidance in May 2026, but several states have their own laws expressly recognizing untrained emotional support animals. Whether your ESA needs task training for a particular housing accommodation depends on the applicable federal and state laws.
That depends on the laws that apply to your housing situation. Some states expressly recognize ESAs that do not need special training. In those states, a landlord cannot simply assume that every assistance animal must meet the same training standards as a service dog. However, your landlord may still request reliable documentation of your disability-related need when permitted by law.
Not necessarily! Cats can provide meaningful emotional support without performing trained tasks. Several state laws expressly recognize that ESAs do not need special training. However, HUD’s current federal enforcement approach may create additional questions about protection for untrained animals, depending on the circumstances.
You still need supporting documentation even if your state recognizes untrained ESAs. If your disability or disability-related need for an ESA is not apparent, a housing provider may be entitled to request reliable information supporting your accommodation request.
An ESA letter from a licensed healthcare professional can help document that need. Remember, an ESA letter and ESA training are two different things. A letter documents your disability-related need for an animal. It does not establish that the animal has been trained to perform specific tasks.
No. Although both can help people with mental health disabilities, they have different legal requirements. A psychiatric service dog (PSD) must be individually trained to perform work or tasks related to its handler’s disability. For example, a PSD might be trained to interrupt a panic attack or retrieve medication. Psychiatric service dogs also have public access rights under the Americans with Disabilities Act that ESAs do not have.
An emotional support animal may provide therapeutic benefits through its presence, companionship, or other emotional support, depending on the applicable legal definition.
First, check whether your state has its own ESA law. If your state expressly recognizes untrained ESAs, that law may provide protections separate from HUD’s federal complaint process. You can also ask your landlord to explain the legal basis for denying your reasonable accommodation request.
It is not uncommon that people unknowingly have trained their animals to respond to symptoms of their disabilities. If you encouraged your animal to lick you, paw at you, or bark when you are experiencing a symptom, or trained your pet to lay their head on you, or lay on you while you are experiencing a symptom of your disability, then you have already trained to your ESA! Sometimes people do not recognize that encouraging yo pet’s natural instincts to respond to you is training.
If you believe your housing rights have been violated, you may be able to pursue a complaint through your state’s fair housing enforcement agency or other available legal remedies.
Understanding Your ESA Rights in 2026
HUD’s May 2026 Guidance has created new questions about emotional support animal training, but it hasn’t erased every protection available to ESA owners. Several states continue to recognize emotional support animals that do not need to perform trained disability-related tasks. If you’re considering an ESA or already have one, understanding your state’s laws can help you know what protections may apply to your housing situation.
Whether an emotional support animal is appropriate for you is a decision to discuss with a licensed healthcare professional who can evaluate your individual circumstances and disability-related needs. ESA Doctors can help connect you with an independent licensed healthcare professional who can evaluate whether you qualify for an emotional support animal and whether supporting documentation is appropriate.
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