Texas Renters: Service Animals vs. Emotional Support Animals Explained

If you rent a home or apartment in Texas and need an animal for assistance, it's important to understand the differences between service animals and emotional support animals (ESAs) when it comes to your rights and your landlord's responsibilities. Texas and federal laws protect certain renter rights, but the rules—and paperwork—can be different depending on your needs.

Service Animals and Emotional Support Animals: What’s the Difference?

Both service animals and emotional support animals can help people with disabilities, but the law treats them differently in Texas.

• Service Animals: Specially trained dogs (and sometimes miniature horses) that perform tasks for someone with a disability (such as guiding a person who is blind).
• Emotional Support Animals (ESAs): Animals that provide comfort for someone’s mental health or emotional condition but do not require specific training.

These distinctions affect your rental housing rights and what landlords can and cannot require.

Your Rights Under Texas and Federal Law

Texas renters are covered by Texas Fair Housing laws and the federal Fair Housing Act (FHA). The FHA requires landlords to allow both service animals and ESAs, even if there is a 'no pets' policy, as long as you meet certain guidelines.^[1]

• Landlords cannot charge pet fees for service animals or ESAs.
• They can ask for documentation for an ESA (such as a letter from a licensed healthcare provider), but not for service animals.
• A landlord can refuse an animal if it is dangerous, causes damage, or poses a health/safety threat.

Requesting a Reasonable Accommodation

To have your animal in your rental, you may need to submit a "reasonable accommodation" request. This alerts your landlord to your needs and opens the door to legal protections. In Texas, there isn’t a single statewide form, but you can use HUD’s template:

• Form Name: Reasonable Accommodation Request Sample Letter
• When & How to Use: If your landlord does not already have a form, complete this letter and give it directly to your landlord or property management. For example, if you need an ESA in your apartment, fill out the letter and include a note from your licensed care provider explaining your need for the animal.

Tip: Always keep copies of any request or correspondence you submit to your landlord.

What Landlords Can (and Can’t) Ask For

• For Service Animals: Landlords can ask two questions:
  • Is the animal required because of a disability?
  • What work or task has the animal been trained to perform?
• For ESAs: Landlords may request documentation from a licensed healthcare professional showing you have a disability and need the animal for support.
• Landlords cannot require you to disclose your diagnosis or detailed medical records.

Under Texas Property Code Chapter 301 and the federal Fair Housing Act, these rules protect you against housing discrimination.^[2]

How to File a Complaint if Your Rights Are Violated

If your landlord denies your legitimate request or discriminates against you due to your service animal or ESA, you have options for resolving the situation. In Texas, complaints can be made to the Texas Department of Housing and Community Affairs (TDHCA) or the U.S. Department of Housing and Urban Development (HUD) Fair Housing Division.

• Form Name: TDHCA Fair Housing Intake Questionnaire
• When & How to Use: Submit this form if you believe your housing rights have been violated. Complete it with details, attach supporting documentation, and submit by mail, fax, or email as instructed in the form.

The official tribunal for housing issues in Texas is the Texas Department of Housing and Community Affairs (TDHCA) - Fair Housing Division.

FAQ: Common Renter Questions About Animals in Texas Rentals

1. Can my landlord refuse to rent to me because I have a service animal or ESA?
   No, under the Fair Housing Act and Texas law, landlords cannot refuse housing due to a legitimate service animal or emotional support animal. However, if the animal poses a direct threat or causes significant property damage, exceptions may apply.
2. Does my emotional support animal require special training?
   No, emotional support animals do not need specialized training, but you may be asked to provide recent documentation from a licensed healthcare provider.
3. Can a landlord charge pet fees for service animals or ESAs?
   No. Pet deposits and fees can’t be charged for service animals or ESAs since they are not considered pets by law.
4. If my landlord says "no pets," am I still allowed my service animal or ESA?
   Yes, "no pets" policies do not apply to service animals or ESAs with proper accommodation requests and documentation.

Key Takeaways for Texas Renters

• Service animals and emotional support animals have different legal definitions and processes, but both are protected in rental housing.
• Landlords cannot charge pet fees or deny housing for legitimate service animals or ESAs.
• If your rights are violated, state and federal complaint forms offer protection and recourse.

Understanding your rights makes it easier to advocate for the accommodations you need.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs (TDHCA) - File a Fair Housing Complaint
• HUD Fair Housing and Equal Opportunity
• Texas Department of Licensing and Regulation: Accessibility Services

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1. HUD - Reasonable Accommodations under the Fair Housing Act
2. Texas Property Code Chapter 301 - Texas Fair Housing Act

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