ESA Compliance

Anyone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of impairment, or is regarded as having impairment is considered disabled and is part of a protected class under the federal Fair Housing Act. The Texas Fair Housing Act mirrors the Federal Fair Housing Act and provides for fair housing practices in the state.

The state and federal fair housing acts require housing providers to make reasonable accommodations to the rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling.

Reliable documentation for a person’s disability or disability-related need for a reasonable accommodation can come from any reliable third party with knowledge of the disability and need for the disability-related accommodation. Documentation is reviewed on a case-by-case basis. Reliable documentation could be from a peer support group, a caseworker, a doctor, or a therapist. Conversely, a letter purchased online (like one from a telemedicine call) is generally not considered reliable documentation.

When feasible, housing providers like landlords and property managers are required to provide reasonable accommodation when a tenant requests a reasonable accommodation because of his or her disability. However, there has to be a connection between the requested accommodation and the disability. Just because someone has a disability and makes a request doesn’t mean it has to be granted. Here’s what you should know to avoid problems with state and federal laws.

What is a reasonable-accommodation request?

A reasonable-accommodation request is any communication that asks that you make an exception to the rules, policies, practices, or services necessary to afford a person with a disability an equal opportunity to use and enjoy the dwelling, such as allowing an assistance animal.

Requests can be verbal or written. A reasonable-accommodation request can be made by the person with the disability, by a family member of that person, or someone else requesting it on a person’s behalf.

Is there a difference between an assistance animal, service animal, or an emotional support animal?

Assistance animal is a blanket term that covers service animals and emotional support animals. When someone requests that you allow an assistance animal under the Fair Housing Act, it can be either a service animal or an emotional support animal. 

Service animals are performing a service, such as a seeing-eye dog or an animal that can detect the onset of an epileptic seizure.

Emotional support animals provide support for someone with a mental disability.

Here’s an overview of what you need to provide:

          1.  An ESA letter from a licensed mental health professional licensed in the state of Texas

          2.  ESA letter on official letterhead from the licensed therapist

          3.  Prescription for an ESA

          4.  A domesticated animal (dog, cat, rabbit, ferret, pig, miniature horse, etc.)   that’s not a danger to yourself or others, with fully documented medical history and shot records. 

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