Pets, ESAs, and Service Animals in Texas Rentals: The Fair Housing Act Framework

The federal Fair Housing Act creates two categories of animals that escape standard “no pets” policies: service animals and assistance animals (which include emotional support animals, or ESAs). For DFW multifamily operators, ESA accommodation requests are common across the metro, and the documentation and disability-status verification procedures permitted under federal guidance apply consistently in Dallas, Fort Worth, Plano, Arlington, and the rest of the DFW market. Service animals must be accommodated as a reasonable accommodation for a tenant’s disability, regardless of what the lease says, and pet deposits, pet rent, breed restrictions, and size limits cannot be applied to them. The rules for untrained emotional-support animals changed in 2026 (see below), and a landlord may now apply standard pet policies to an ESA that is not individually trained. Standard “pets,” by contrast, can be regulated extensively by lease (restricted, prohibited, charged for, or limited by breed and size) without Fair Housing Act exposure. The distinction matters enormously because the documentation and process for verifying ESA status is contested, often abused, and produces frequent disputes. Below, we walk through how the Fair Housing Act actually applies, the standard pet-policy rules, the documentation requirements for assistance animals, and the most common mistakes on either side.

Three categories of animals

Three legal categories of animals exist in residential rentals, with sharply different treatment:

Pets. Standard household animals (dogs, cats, etc.) without disability-related function. Subject to the lease’s pet policy, which can include restrictions, prohibitions, fees, deposits, breed limits, size limits, and similar.

Service animals. Animals (typically dogs, sometimes miniature horses) trained to perform specific tasks for a person with a disability. Protected by both the federal Fair Housing Act and the Americans with Disabilities Act.

Assistance animals (including ESAs). Animals that provide emotional support, companionship, or non-task-specific assistance to a person with a disability. Protected by the federal Fair Housing Act for housing purposes (but not by the ADA in most non-housing contexts).

The distinction between “service animal” and “assistance animal” now matters a great deal. In 2026, HUD permanently rescinded its 2020 assistance-animal guidance (FHEO Notice 2020-01) and moved to an ADA-style standard that finds cause only for animals individually trained to perform disability-related tasks. Service animals remain fully protected. An untrained emotional-support animal is no longer presumptively exempt from pet policies, so a landlord may apply standard pet deposit, pet rent, and breed or size rules to it, subject to the caveats noted below.

Standard pet policies: what the lease can do

For standard pets (no disability-related function), the lease can include extensive restrictions:

Outright prohibition. The lease can ban all pets. “No pets” is a fully enforceable provision.

Pet deposit. A separate pet deposit (typically $200 to $500) on top of the security deposit. Must comply with § 92.102’s deposit rules.

Pet rent. A monthly fee (typically $25 to $50) for the privilege of keeping a pet.

Breed restrictions. Restrictions on specific breeds (pit bulls, Rottweilers, Doberman, etc.) commonly motivated by insurance considerations. Generally enforceable for non-disability animals.

Size restrictions. Maximum weight or breed-size limits. Generally enforceable.

Number restrictions. Limits on the number of pets per unit.

Specific animal types. Many leases ban exotic pets (snakes, ferrets, tarantulas) or require specific approval.

Vaccination and licensing requirements. Tenants typically must provide proof of vaccinations and licensing.

Damage liability. Tenants typically remain responsible for any damage caused by pets.

Pet policies should be clearly stated in the lease and applied consistently to all tenants. Inconsistent application creates discrimination concerns.

Service animals: Fair Housing Act framework

For service animals, the Fair Housing Act requires reasonable accommodation:

• The landlord cannot refuse to rent to a tenant because of a service animal.
• The landlord cannot charge pet deposits, pet rent, or other pet-related fees for the service animal.
• The landlord cannot apply breed or size restrictions to the service animal.
• The landlord can hold the tenant responsible for damage caused by the service animal, same as any other tenant-caused damage.

The landlord can verify the service animal’s status, but only in a limited way. Specifically, for an animal that is not visibly a service animal:

• The landlord can ask whether the animal is a service animal required because of a disability.
• The landlord can ask what task or work the animal has been trained to perform.
• The landlord cannot ask for documentation of the disability.
• The landlord cannot ask for documentation of the animal’s training.
• The landlord cannot ask the tenant to demonstrate the animal’s task.
• The landlord cannot require any specific certification or registration.

If the animal is visibly a service animal (a guide dog with harness, a mobility-assistance dog with vest), no inquiry is permitted.

Assistance animals (ESAs): Fair Housing Act framework

Since HUD’s 2026 rescission of its 2020 assistance-animal guidance, an untrained emotional-support animal is no longer treated like a task-trained service animal for fee purposes. A landlord may treat such an ESA as not presumptively fee-exempt and apply standard pet deposit, pet rent, and breed or size policies. Several caveats still bind: the FHA’s private right of action, Section 504 for federally assisted housing, any stricter state or local law, and the unchanged reasonable-accommodation regulations (24 C.F.R. pt. 100). Inconsistent application still risks a disparate-treatment claim. A landlord evaluating an ESA request can still ask for documentation of the disability-related need.

The required documentation typically takes the form of a letter from a healthcare provider (physician, therapist, psychologist, etc.) stating that:

• The tenant has a disability under the Fair Housing Act (a physical or mental impairment that substantially limits a major life activity).
• The animal alleviates one or more of the symptoms of the disability.
• The provider has a relationship with the tenant supporting the recommendation.

The landlord cannot:

• Require disclosure of the specific disability or medical condition.
• Require a specific format of letter.
• Require certification from a specific type of provider.
• Charge fees for processing the request.
• Refuse to engage a request for an animal individually trained to perform a disability-related task, which the ADA-style standard still recognizes.
• Apply pet or accommodation policies inconsistently in a way that singles out a tenant with a disability, which still risks a disparate-treatment claim.

The landlord can require:

• Reasonable documentation of the disability-related need.
• Reasonable response to inquiries.
• Tenant responsibility for any damage caused by the animal.
• Compliance with reasonable health and safety rules (vaccination, licensing).

The most contested issue is the legitimacy of the documentation. A growing industry of online “ESA letters” produces documentation of varying credibility. The landlord can request additional information if the initial documentation is inconsistent with the tenant’s circumstances or appears unreliable.

Reasonable accommodation analysis

Both service animals and assistance animals are evaluated under the Fair Housing Act’s reasonable accommodation framework:

The accommodation is reasonable. Allowing the animal does not impose an undue financial or administrative burden on the landlord and does not fundamentally alter the nature of the housing.

The accommodation is necessary. The animal is necessary to afford the tenant equal opportunity to use and enjoy the housing.

The disability is documented (or, for service animals, the limited inquiry permits verification).

In most cases, accommodating an assistance animal is reasonable. Refusal is justified only in narrow circumstances:

Direct threat to others. The specific animal poses a direct threat to the health or safety of others (substantial documented evidence of aggressive behavior).

Substantial physical damage. The specific animal would cause substantial physical damage to the property of others.

Excessive size relative to the unit. An extremely large animal in a small unit may be infeasible.

These exceptions are narrow and require specific evidence about the specific animal, not generalizations about the breed or size.

Common ESA disputes

Sham ESA letters. Online services produce ESA documentation for nominal fees, sometimes without any meaningful provider-patient relationship. Landlords can request additional information when initial documentation is suspect, but cannot reject documentation simply because of its source.

Multiple ESAs. A tenant may claim multiple ESAs for different conditions. Each must be documented; the cumulative request may face reasonable-accommodation analysis if the number is unusual.

ESA species. Most ESAs are dogs or cats. Unusual species (rabbits, ferrets, even birds or fish) require closer accommodation analysis. The landlord can request explanation of why the specific species is necessary.

Late ESA claims. A tenant claims ESA status only after receiving a notice for an unauthorized pet. The timing is suspicious but doesn’t automatically defeat the claim. The accommodation analysis applies to the present situation, not to past lease violations.

ESA after lease violations. The assistance animal exception applies forward, not retroactively. Lease violations that occurred before the ESA claim was made are still actionable.

Damage liability

For all animals (pets, service animals, assistance animals) the tenant is responsible for damage caused by the animal:

• Damage to flooring (pet stains, scratches).
• Damage to walls (scratches, gnawing).
• Damage to fixtures or doors.
• Damage to landscape if the animal is allowed outside.
• Disturbance to neighbors (if persistent and significant).

The landlord can deduct repair costs from the security deposit, with the documentation standards of § 92.104. The Fair Housing Act does not protect the animal from damage liability, only from being charged a “pet” deposit on the front end.

Building the paper trail

A landlord with a reasonable-accommodation request should:

Acknowledge the request promptly. Within a few days of receipt.

Engage in interactive process. Ask appropriate questions, request appropriate documentation, work with the tenant to clarify the request.

Document the analysis. Why the accommodation was granted (or in narrow cases denied), based on what evidence.

Treat the accommodation consistently. Once the accommodation is granted, treat the assistance animal like other accommodations, not as a special imposition.

Address damage as it arises. Any animal-caused damage, whether by pet, service animal, or assistance animal, can be addressed through the standard lease provisions.

Where landlords typically lose ground

Charging pet deposits or pet rent for service animals. The Fair Housing Act still bars these charges for task-trained service animals. Since HUD’s 2026 rescission, a landlord may apply standard pet deposit and pet rent to an untrained emotional-support animal, but should apply the policy consistently and remain mindful of Section 504, stricter state or local law, and the FHA’s private right of action.

Applying breed or size restrictions to service animals. This remains a Fair Housing Act violation for task-trained service animals; for untrained ESAs, standard breed and size policies may now apply if used consistently.

Demanding excessive documentation for ESAs. The standards are limited; demanding doctor names, specific conditions, or extensive verification can be a Fair Housing Act violation.

Categorically rejecting ESA letters from online services. The landlord can request additional information if documentation is suspect, but cannot reject documentation purely because of its source.

Treating service animals as pets. Service animals are not pets; they have specific Fair Housing Act protections. Treating them as pets (and applying pet policies) is a violation.

Not addressing damage. Animal-caused damage is the tenant’s responsibility regardless of the animal’s category. Failing to deduct repair costs from deposit (or to address damage during the tenancy) gives the landlord no basis to recover later.