Navigating the topic of emotional support animals (ESAs) and service animals in Texas rental housing can be complex. Whether you're a landlord, property manager, or tenant, understanding the legal protections and responsibilities is essential for fair and lawful housing practices.
This blog post provides a general overview based on federal and Texas-specific laws, including the Fair Housing Act (FHA), the Americans with Disabilities Act (ADA), and guidance from HUD and state agencies.
THE LEGAL DISTINCTION: EMOTIONAL SUPPORT VS. SERVICE ANIMALS
Emotional Support Animals (ESAs)
- ESAs provide comfort or emotional support related to a disability.
- They are not required to have specific training.
- ESAs are protected under the Fair Housing Act but not under the ADA.
- Landlords may require documentation for an ESA if the disability or need is not apparent.
Service Animals
- Defined under the ADA, a service animal is a dog (or in some limited cases, a miniature horse) individually trained to do work or perform tasks for a person with a disability.
- They are not considered pets and must be allowed in housing, even with a “no pets” policy.
- Landlords and housing providers may not require documentation or proof of training. According to the ADA:
“Covered entities may not require documentation… certification, or licensing as proof that an animal is a service animal.”
If the need for the service animal is not obvious, landlords may ask only:
- “Is the animal required because of a disability?”
- “What work or task has the animal been trained to perform?”
More information: ADA Service Animal FAQ – ADA.gov
EMOTIONAL SUPPORT & SERVICE ANIMALS IN TEXAS RENTAL HOUSING
Under the Fair Housing Act, housing providers in Texas must make reasonable accommodations for people with disabilities who require an assistance animal, even if their property has a no-pets policy.
This means:
- No pet fees, pet deposits, or breed/weight restrictions can be applied.
- Housing providers must evaluate accommodation requests individually.
Full HUD Guidance: HUD Notice FHEO-2020-01
WHAT CAN LANDLORDS ASK?
For emotional support animals:
- If the need is not obvious, landlords may request:
- Confirms the person has a disability
- States the animal helps alleviate a symptom of that disability
- A letter from a licensed healthcare provider that:
HUD Verification Standards: HUD FHEO Notice 2020-01, p. 8–10
For service animals:
- Housing providers may only ask:
- Is this animal required because of a disability?
- What task or work has the animal been trained to perform?
- They cannot ask for:
- Documentation or certification
- Medical records
- Proof of training
Confirmed by HUD: HUD Guidance on Assistance Animals
Texas-specific: Texas Human Resources Code §121.003
WHEN CAN A REQUEST BE DENIED?
A landlord may lawfully deny an assistance animal request if:
- The animal poses a direct threat to health or safety that cannot be reduced through reasonable accommodations.
- The request would cause an undue financial or administrative burden.
- The documentation is insufficient, falsified, or unrelated to a disability.
Source: HUD FHEO-2020-01, p. 13–14
DOCUMENTATION TIPS FOR TENANTS
Tenants requesting ESA accommodations should be prepared to provide:
- A signed letter from a licensed healthcare provider (including telehealth providers)
- The letter should confirm:
- The tenant has a disability
- The animal provides disability-related support
The provider does not need to disclose the diagnosis or specific medical details.
HUD details what constitutes “reliable documentation”: FHEO 2020-01, Section IV.B
WHAT ABOUT MULTIPLE ANIMALS?
A tenant may request more than one assistance animal, but each must be shown to address a disability-related need. Each request must still be evaluated as a reasonable accommodation under fair housing law.
FINAL THOUGHTS
In Texas and across the U.S., landlords must comply with federal housing laws when it comes to service and emotional support animals. That includes:
- No pet fees, breed restrictions, or training proof for service animals
- Limited documentation for emotional support animals
- Careful, individualized consideration of every request
Understanding the differences between these types of animals and the laws that protect them helps landlords and tenants stay compliant and avoid potential legal issues.
Helpful Resources:
- HUD Guidance on Assistance Animals (2020)
- ADA Service Animal Requirements – ADA.gov
- Texas Human Resources Code §121
- Fair Housing Basics – HUD
- Texas A&M Service Animal Guidance
DISCLAIMER & HOLD HARMLESS CLAUSE
This blog post is provided for general educational purposes only and does not constitute legal advice, professional guidance, or a substitute for legal consultation. We are not attorneys, legal professionals, or fair housing regulators. The information herein is based on publicly available laws and agency guidance as of the date of publication, which may change.
By using or sharing this information, you agree to hold harmless the author(s), brokerage, business entities, and affiliates from any and all liability, loss, or claims—direct or indirect—that may result from your use of this content. Always consult with a qualified attorney or fair housing professional to verify compliance for your specific circumstances.
