Texas is home to some of the largest apartment markets in the United States — Houston, Dallas, Austin, and San Antonio are among the fastest-growing rental markets in the country. Tenants in these cities frequently encounter ESA-related disputes with landlords operating large multi-family properties. Federal law provides the baseline protection, but Texas has its own fair housing framework that operates in parallel and, in some respects, extends the analysis beyond what the federal statute provides.
The Fair Housing Act, 42 U.S.C. §§ 3601–3619, applies throughout Texas as it does in every state. Covered housing providers must make reasonable accommodations for persons with disabilities, including accommodations for emotional support animals. The FHA's prohibition on disability discrimination in the rental of housing is enforced by HUD's Region 6 office in Fort Worth, which handles Texas complaints.
HUD guidance FHEO-2020-01 controls the documentation and fee standards applicable to ESA accommodation requests in Texas, as it does nationwide. Landlords in Texas may not charge pet deposits or monthly pet rent for approved ESAs, may not require use of third-party screening platforms as a condition of accommodation, and must engage in an individualized assessment of each request rather than applying blanket denials.
Texas has its own fair housing statute: the Texas Fair Housing Act (TFHA), codified at Tex. Prop. Code §§ 301.001–301.171. The TFHA substantially mirrors the federal FHA but is enforced by the Texas Workforce Commission's Civil Rights Division (TWC CRD) rather than HUD.
The TFHA covers the same prohibited bases as the FHA, including disability. It applies to the same categories of housing with the same limited exemptions (Tex. Prop. Code § 301.042). Complaints under the TFHA must be filed with the TWC CRD within one year of the alleged discriminatory act. The TWC CRD investigates, attempts conciliation, and may refer cases to the Texas Attorney General for enforcement if conciliation fails.
Filing with the TWC CRD and HUD simultaneously is permissible and sometimes strategic — federal and state agencies have worksharing agreements that coordinate processing. Tenants facing ESA accommodation disputes in Texas can use either or both channels without duplicating their legal exposure.
Texas does not cap the amount a landlord may charge as a pet deposit. Under Tex. Prop. Code § 92.102, the security deposit for a residential lease is governed by the parties' agreement, and Texas law imposes no statutory maximum. For pets, landlords can charge whatever the market will bear.
For ESA owners, this absence of a cap is largely academic — because the FHA and TFHA prohibit charging a pet deposit for an approved ESA in the first place. What matters for Texas ESA tenants is not the size of the deposit but whether the landlord is entitled to charge one at all. An approved ESA generates no lawful pet deposit obligation, regardless of how large the standard deposit at that property may be.
Texas Prop. Code § 92.109 governs the return of security deposits and requires landlords to return deposits (or provide a written itemization of deductions) within 30 days of the tenant's surrender of the property. To the extent a landlord has improperly collected a "pet deposit" from an ESA owner, the refund and accounting rules apply upon move-out.
Texas does not have a state-level statute equivalent to California's AB 468 that imposes specific requirements on healthcare providers who issue ESA letters. This means the federal standard — documentation from a licensed healthcare provider with knowledge of the person's condition, confirming both the disability and the disability-related need for the animal — is the operative standard in Texas.
Texas tenants should submit ESA accommodation requests in writing, preserve copies of all documentation provided to the landlord, and document the landlord's response (or non-response) with dates. If a Texas landlord denies an ESA accommodation without legal justification or continues to charge pet fees after approval, the tenant may:
— File a complaint with HUD's Fort Worth Regional Office (Region 6) at hud.gov/fairhousing;
— File a complaint with the Texas Workforce Commission Civil Rights Division at twc.texas.gov;
— Pursue private civil litigation under 42 U.S.C. § 3613 (federal) or Tex. Prop. Code § 301.151 (state) within the applicable statutes of limitations.
Legal aid organizations in major Texas metro areas — including Lone Star Legal Aid, Texas RioGrande Legal Aid, and the Austin Tenants Council — can provide free or low-cost assistance to low-income tenants navigating ESA housing disputes.
TenantPetRights.org is an independent educational resource. Not a law firm. Not legal advice. Consult a licensed attorney for your specific situation.