An assistance animal request is a reasonable accommodation request, handled under the HUD/DOJ Joint Statement and Texas Property Code §301.025: the animal is not a pet, a “no pets” rule must yield where the need is shown, and no pet deposit, pet fee or pet rent may be charged. The Joint Statement’s own example is the deaf tenant whose dog alerts him to the smoke detector and the door; “the housing provider must make an exception to its ‘no pets’ policy.” HUD’s 2020 notice on assistance animals is no longer published on hud.gov as read in September 2026; the statute and the Joint Statement remain the framework.
Handling the request
- Log the request — oral or written — with the date.
- If the disability is not obvious and the need is not known, ask for reliable documentation of the disability-related need for the animal; do not ask for the diagnosis or medical records.
- Do not require a “certificate,” “registration” or vest; the Joint Statement contemplates information from a reliable third party, not a registry.
- Assess the individual animal only for a direct threat based on its own conduct — not breed, size or weight.
- Respond promptly in writing: approved, with the tenant’s continuing duties; or the specific reason for a refusal.
- Amend the lease with an assistance-animal addendum: no fee, tenant responsible for damage, waste and control, and the animal’s description for the file.
What the tenant still owes
| Item | Applies? | Why |
|---|---|---|
| Pet deposit, pet fee, pet rent | No | Accommodation, not a pet |
| Breed, size or weight rules | No | Individual assessment only |
| Damage caused by the animal | Yes — deductible under §92.104 like any tenant-caused damage | Ordinary lease liability |
| Waste, noise, control rules | Yes, if applied to everyone | Conduct rules |
| HOA “no animals” covenant | Yields to the accommodation duty | Federal and state law |
| Insurance exclusions for a breed | Not a lawful ground by themselves; the provider must look for alternatives | Joint Statement on undue burden |
Two animals, or an unusual one
Each animal is assessed for its own disability-related need; two requests are two assessments. An animal that is not a dog or cat is judged the same way — necessity and reasonableness — and the file records the reasoning either way.
Frequently asked questions
Can a Texas landlord charge a deposit for an assistance animal?
No. An assistance animal is a reasonable accommodation, not a pet; deposits, fees and pet rent may not be charged, though the tenant remains liable for damage (HUD/DOJ Joint Statement).
What documentation may be requested?
When the disability or the need is not apparent, reliable information from a doctor, other medical professional, peer support group, non-medical service agency or another reliable third party — not a diagnosis, and not a registry certificate (HUD/DOJ Joint Statement).
Can a landlord refuse a specific animal?
Only on an individualised assessment showing a direct threat or damage risk from that animal’s own conduct, or an undue burden that no alternative resolves (HUD/DOJ Joint Statement, Property Code §301.025).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- HUD/DOJ Joint Statement — Reasonable accommodations under the Fair Housing Act (May 17, 2004) ↗
- Texas Property Code, Chapter 301 — Texas Fair Housing Act ↗
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas State Law Library — Housing discrimination ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.