FOR IMMEDIATE RELEASE
South Carolina Human Affairs Commission
Media Contact: Marvin Caldwell, Jr., chief of staff, 803.737.3179 | mcaldwell@schac.sc.gov
HUD Narrows Federal Enforcement on Emotional Support Animals — South Carolinians' Rights Under State Law Are Unchanged. SCHAC continues to accept and investigate assistance-animal accommodation complaints under the South Carolina Fair Housing Law.
COLUMBIA, S.C. — August 5, 2026 — The South Carolina Human Affairs Commission (SCHAC) today confirmed that recent changes to federal enforcement policy regarding emotional support animals (ESAs) in housing do not affect the protections South Carolinians have under state law.
On May 22, 2026, the U.S. Department of Housing and Urban Development (HUD) issued an internal enforcement memorandum directing its Office of Fair Housing and Equal Opportunity (FHEO) to pursue federal Fair Housing Act complaints involving assistance animals only where the animal has been individually trained to perform a task directly related to a person's disability. The same standard the Americans with Disabilities Act (ADA) applies to service animals. The memo permanently rescinds HUD's 2020 assistance-animal guidance, following an earlier September 2025 notice that withdrew HUD's 2013 guidance. Going forward, HUD generally will not find cause on federal complaints involving animals that provide only comfort, companionship, or emotional support without task-specific training.
HUD has indicated it intends to pursue a formal rule aligning the Fair Housing Act's definition of assistance animal with the ADA's trained-task standard, but no such rule currently exists. Any future rule would require public notice, a comment period, and a final published rule before taking effect, and HUD has not announced a timeline.
What has not changed
HUD’s shift in federal enforcement priorities does not affect South Carolina’s own fair housing protections. The South Carolina Fair Housing Law, S.C. Code Ann. § 31-21-10 et seq., independently requires housing providers to grant reasonable accommodation to persons with disabilities, including accommodations involving assistance animals. Section 31-21-70(N) sets out South Carolina's own documentation standard, which does not require an animal to be individually trained. It asks only whether the requester has a disability and a disability-related need for the animal's assistance or emotional support.
HUD's memo is limited to how the federal agency handles its own administrative complaints. It does not change the text of the Fair Housing Act, does not affect complaints involving housing covered by Section 504 of the Rehabilitation Act, and does not eliminate anyone's right to bring a private lawsuit in state or federal court.
"HUD has changed how it enforces federal law, not what South Carolina law requires," said Dr. Alisa Warren, commissioner. "South Carolinians who are denied a reasonable accommodation for an emotional support animal continue to have a place to turn. SCHAC will keep applying our state's disability accommodation standard exactly as we have, and we encourage anyone who believes they have experienced housing discrimination to contact us."
What this means for South Carolina residents
Individuals who believe a housing provider has unlawfully denied a reasonable accommodation for an ESA or other untrained assistance animal may still:
- File a complaint directly with SCHAC under the South Carolina Fair Housing Law; or
- File a private lawsuit in South Carolina circuit court.
SCHAC's evaluation of these complaints under state law does not depend on whether the animal has received specialized training.
What this means for housing providers
Housing providers should not treat HUD's narrower federal enforcement posture as a reason to change existing accommodation practices. SCHAC continues to expect housing providers in South Carolina to evaluate reasonable accommodation requests under the standards set out in the South Carolina Fair Housing Law, and providers are encouraged to consult legal counsel before revising any policy in reliance on HUD's memo. Revoking a previously granted accommodation carries its own risk of liability, separate from how a new request would be evaluated.
To help housing providers navigate this evolving area with confidence, SCHAC will offer free training on reasonable accommodation requests and assistance-animal policies to homeowners' associations, property managers, and other housing providers across the state. The training will cover South Carolina's documentation standard under § 31-21-70(N), how it differs from HUD's new federal enforcement approach, and practical guidance for evaluating accommodation requests consistently and lawfully. Housing providers interested in scheduling a training session should contact SCHAC using the information below.
How to file a complaint
South Carolinians who believe they have experienced housing discrimination can contact SCHAC:
Toll-free: 1-800-521-0725
Phone: (803) 737-7800
TDD: (803) 253-4125
Online: schac.sc.gov/filing-complaint
Mail: South Carolina Human Affairs Commission, PO Box 128, State Park, SC 29147
Reporting discrimination to SCHAC is free, and an attorney is not required to file a complaint.
About the South Carolina Human Affairs Commission
The South Carolina Human Affairs Commission was established by the General Assembly in 1972 to eliminate unlawful discrimination and foster mutual understanding and respect across the state. SCHAC enforces the South Carolina Human Affairs Law, the South Carolina Fair Housing Law, and the Equal Enjoyment of Public Accommodations Law, giving residents a free, accessible path to justice when their rights are violated.
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