By Contre Management | Published November 4, 2026

 

Quick answer: On May 22, 2026, HUD changed how it enforces fair housing complaints about emotional support animals (ESAs). HUD will now find a violation only when an animal is individually trained to perform tasks related to a disability. The Fair Housing Act itself did not change, and tenants can still sue. I found no new Texas state law on ESAs, so Texas landlords should still handle every request with care.

 

What Did HUD Change?

On May 22, 2026, HUD’s Office of Fair Housing and Equal Opportunity permanently withdrew its earlier ESA guidance (FHEO-2013-01 and FHEO-2020-01). Under the new approach:

• HUD applies the ADA’s standard for service animals. An animal must be individually trained to perform tasks related to a disability.
• Comfort or companionship alone no longer qualifies for HUD enforcement.
• Species other than dogs can qualify if they meet the training standard.
• Open ESA complaints are being reviewed under the new standard, and complaints about untrained ESAs will likely be dismissed.
• HUD says it plans to update its assistance animal regulations, with no timeline yet.

What Did Not Change?

• The Fair Housing Act. The reasonable accommodation requirement is still in the law. The change is about how HUD enforces it.
• Private lawsuits. Tenants can still sue in federal or state court, generally within two years.
• Texas law. The Texas Fair Housing Act (Chapter 301 of the Texas Property Code) follows the federal law, and complaints can still be filed with the Texas Workforce Commission.
• Trained service animals. They remain fully protected, with no pet deposits, pet rent or breed and size limits.
• Existing approvals. Accommodations already approved remain in effect.

What This Means for Texas Landlords

Landlords face much less risk of a HUD enforcement action when they treat an untrained ESA as a pet, which can mean applying normal pet fees, deposits and pet rules. But it’s not that simple:

• Courts are still deciding how this plays out, and fee waivers are no longer automatic, but they are not clearly gone either.
• Blanket denials of ESA requests, ignoring a request, demanding medical records or a diagnosis, or charging a “review fee” can still create legal risk.
• You can ask for reasonable documentation of the disability-related need, and you can ask whether the animal is trained to perform a task.
• Tenants are responsible for any damage their animal causes, and you can deduct it from the security deposit following Texas Property Code rules.

What This Means for Tenants

A HUD complaint about an untrained ESA is now unlikely to succeed, and some landlords may start charging pet fees for ESAs. Put requests in writing and keep your documentation. If you’re asked to pay fees you think are wrong, talk to a fair housing organization or attorney before agreeing.

 

How Contre Management Can Help

Pet and assistance animal policies can be tricky. Our team can help Texas property owners handle animal requests consistently and keep their lease policies up to date.

Interested? Reach out to learn more:
📞 817-798-9118
📧 admin@contremanagement.com

 

Frequently Asked Questions

Can a Texas landlord charge a pet fee for an ESA now?
HUD no longer presumes fees must be waived for untrained ESAs, but this is still decided case by case and can be challenged in court. Talk with an attorney before changing your policy.

Do service animals have to pay pet fees?
No. Trained service animals remain fully protected from pet fees, pet rent and breed or size limits.

Can a tenant still sue over an ESA denial?
Yes. The change affects HUD’s enforcement, not tenants’ right to sue under the Fair Housing Act.

Did Texas pass a new ESA law?
I found no new Texas law. Texas fair housing rules still follow the federal law.

This article is general information, not legal advice. Talk with a licensed Texas attorney before changing your policies or responding to a specific request.

Sources: DREDF | Duane Morris | San Antonio Rents