For years, the rule for landlords was simple, if not always welcome: a letter from any licensed mental health professional was generally enough to require reasonable accommodation for an emotional support animal, no-pet policy included. That changed somewhat on May 22, 2026, when HUD issued new federal enforcement guidance applying a stricter standard to how it evaluates assistance animal complaints.
New Hampshire landlords still have real obligations under both federal and state law, and understanding exactly what has and hasn't changed protects Portsmouth-area owners from misreading a policy shift as permission to ignore a legitimate request.
Key Takeaways
New Hampshire landlords must comply with reasonable accommodation requirements for assistance animals under both the federal Fair Housing Act and the New Hampshire Law Against Discrimination, RSA 354-A, enforced by the New Hampshire Commission for Human Rights.
As of May 22, 2026, HUD applies a stricter, ADA-influenced standard when evaluating federal fair housing complaints, meaning untrained emotional support animals carry somewhat weaker federal enforcement backing than before, though the underlying legal obligation is unchanged.
Landlords cannot charge pet deposits, pet rent, or pet fees for a legitimate assistance animal, and breed, size, or weight restrictions generally don't apply to a properly documented request.
A narrow exemption exists under RSA 354-A for owner-occupied buildings of no more than three units, but most rental arrangements in the Portsmouth area don't qualify for it.
Tenants can still pursue a complaint through the New Hampshire Commission for Human Rights or federal court regardless of HUD's current enforcement posture.
The Federal Baseline Hasn't Disappeared
HUD's May 2026 guidance changes how the agency evaluates and pursues complaints at the federal level, applying a standard closer to the ADA's individually-trained-task requirement for service animals. What it does not do is rewrite the Fair Housing Act itself. The underlying obligation to provide a reasonable accommodation for a legitimate assistance animal, including an emotional support animal supported by real documentation, remains a federal statutory requirement rather than a discretionary HUD policy.
A landlord who reads a headline about this shift and assumes every ESA request can now be denied outright is working from an incomplete picture, since a tenant retains the right to sue directly in federal court regardless of HUD's current enforcement approach.
New Hampshire's Own Law Runs Independently
RSA 354-A, the New Hampshire Law Against Discrimination, provides its own reasonable accommodation protection for tenants with disabilities, enforced by the New Hampshire Commission for Human Rights rather than HUD. This state-level protection operates entirely independently of whatever enforcement posture HUD adopts federally in a given year.
A Portsmouth landlord evaluating an accommodation request still has to consider both frameworks, and the state law doesn't simply defer to a looser federal standard just because HUD has shifted how it handles complaints on its own end. This is exactly the kind of consistency our tenant screening process is built to support, evaluating every applicant and every accommodation request against the same documented standard.
What Still Cannot Be Charged or Restricted
Regardless of HUD's current enforcement approach, a landlord still cannot charge a pet deposit, pet rent, or pet fee for a legitimate assistance animal, and breed, size, or weight restrictions generally cannot be used to deny a properly documented request. The tenant does remain responsible for any actual physical damage the animal causes beyond normal wear and tear, which is a separate question from whether the accommodation itself was valid. A landlord can deny or later revoke an accommodation only in narrow circumstances, such as a documented direct threat to safety or substantial property damage, not simply because the animal is inconvenient or the landlord would prefer a no-pet policy remain absolute.
The Small Landlord Exemption Is Narrower Than It Sounds
RSA 354-A includes an exemption for owner-occupied buildings of no more than three units, where the owner rents without using an advertising or rental agent. This is a genuinely narrow carve-out, and it doesn't apply to the vast majority of managed rental properties in the Portsmouth area, including anything handled through a property management company or listed with a rental agent. Landlords who assume a small property automatically qualifies for this exemption without checking the specific ownership and management structure are working from a common misunderstanding that can lead directly to a fair housing complaint.
Our property management services are structured around consistent compliance across every property in a portfolio, regardless of size, precisely because this exemption is so easy to misapply.
What a Legitimate Request Should Look Like
When a tenant's disability or need for the animal isn't obvious, a landlord can request documentation confirming both the disability and the animal's role in providing disability-related assistance, ideally from a licensed healthcare provider familiar with the tenant's condition.
What a landlord cannot do is demand a specific diagnosis, detailed medical records, or a certification that doesn't actually exist under any current law. Evaluating every request against the same consistent standard, and documenting that review process in writing, protects a landlord far more than handling each situation informally. Our owner FAQs page covers several related scenarios Portsmouth-area landlords run into most often.
FAQ
Can I deny an emotional support animal now that HUD's guidance has changed?
Not automatically. The Fair Housing Act and New Hampshire's RSA 354-A still require reasonable accommodations, and a tenant can pursue a complaint through the state Commission for Human Rights or federal court regardless of HUD's current enforcement posture.
Can I charge a pet deposit for a legitimate assistance animal?
No. Pet deposits, pet rent, and pet fees cannot be charged for a legitimate service animal or emotional support animal, though the tenant remains liable for actual damage the animal causes.
Does the small landlord exemption apply to my rental property?
Only if the building has three units or fewer, is owner-occupied, and is rented without an advertising or rental agent. Most professionally managed properties don't qualify.
What documentation can I request for an ESA?
If the disability or need isn't obvious, you can request confirmation from a licensed healthcare provider of the disability and the animal's role in providing assistance, without demanding a specific diagnosis or detailed medical records.
Staying Compliant Through a Changing Federal Landscape
HUD's 2026 guidance shift has genuinely changed how federal complaints get evaluated, but it hasn't touched the underlying obligations Portsmouth landlords owe tenants under the Fair Housing Act or New Hampshire's own Law Against Discrimination. Treating this as a green light to deny every request is exactly the kind of misreading that turns a policy footnote into a costly complaint.
If you'd like help reviewing your current accommodation request process or lease language for a Portsmouth-area rental, reach out to our team today.
