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Keeping Families Together
On May 22, 2026, The US Department of Housing and Urban Development (HUD) issued a new memo affecting the rights of tenants to keep emotional support animals (ESAs) in housing under the US Fair Housing Act. The Fair Housing Act itself has not changed — Congress did not take action, and no court has ruled that ESAs are excluded from housing protections. However, under this new guidance, landlords are no longer expected to automatically grant requests for “reasonable accommodation” for an ESA from disabled tenants, placing vulnerable people and their support animals at-risk of losing their housing.
Action for Pet-Inclusive Housing is committed to keeping families and their animals together including Emotional Support Animals and we are actively monitoring this development from HUD and its potential impact on tenants in Massachusetts. To learn more about this change please visit the Disability Rights Education and Defense Fund resource page and join our Animal Action Team to stay informed!
Since 2023, there has been a significant rise in the number of households surrendering pets to MSPCA shelters due to housing barriers.
Action for Pet-Inclusive Housing is committed to increasing the number of pet-inclusive rental units across Massachusetts so that no family is forced to choose between housing stability and staying together.
What is Pet-Inclusive Housing?
Housing providers will often advertise as “pet-friendly” but our research shows that this label is misleading. Restrictions on breed and weight result in the exclusion of most pets, and their families, from the rental housing market.
“Pet-Inclusive” refers to housing that accepts pets regardless of weight and breed, acknowledging that such factors are not a predictor of personality. Diet, environment, health, training, breeding, genetics, management, and socialization all influence behavior.
Learn more about how housing insecurity impacts pet families
How Can We Solve The Problem?
Action for Pet Inclusive Housing is aimed to increase housing choice through policy change and partnerships with Housing Providers across Massachusetts. No one should be forced to surrender their pet for lack of housing options!
3028: An Act promoting pet equity, treatment and safety (PETS)
Sponsors: Senate Ways and Means. Original bill sponsors include Senators Pavel Payano, Mark Montigny, Patrick O’Connor, and Jason Lewis.
Status: Passed in the Senate on March 19, 2026. Referred to House Committee on Ways and Means.
Housing Provisions of the PETS Act
SECTION 2: Requires the Executive Office of Housing and Livable Communities (EOHLC) to establish a program of pet ownership for all residents of state-aided housing, including reasonable requirements for the care of animals by tenants.
SECTION 15: Prevents homeowners and renters insurance from taking dog breed or mixture of breed in consideration when deciding whether to provide, renew or cancel a policy, or when establishing the premium.
SECTION 17: Creates a study and requires recommendations regarding the prevalence and effects of pet-related fees charged to residents in rental housing.
Support for Pet-Inclusive Housing is support for housing stability, housing diversity and the creation of thriving, livable communities.
Have more questions? Please contact our Housing Policy Specialist, Jamie Blackburn at Jblackburn@mspca.org
