December 6, 2025 6 min read

Finding a place to live in Texas can already feel like a challenge — and when you rely on an emotional support animal, it’s common to wonder what your rights really are. Texas follows federal housing laws closely, and while state law adds some additional clarity, it’s also one of the states where ESA misunderstandings happen most often.

This guide breaks everything down into simple, practical terms. By the end, you’ll know exactly what is (and isn’t) allowed, what landlords can legally request, and how to make sure your ESA letter is fully compliant in Texas.

📘 Jump To: Texas ESA Laws (2025)

• Are ESAs Recognized in Texas?
• Texas ESA Laws Explained
  • Housing Rights Under FHA
  • Texas State ESA Rules
  • Travel Rights
  • Public Access Rules
• How to Get a Valid ESA Letter in Texas
• What Texas Landlords Can Ask For
• How Many ESAs Are Allowed
• When a Landlord Can Deny an ESA
• How to File a HUD Complaint in Texas
• Texas ESA FAQs
• Final Summary

🟦 Are ESAs Recognized in Texas?

Yes. Emotional support animals are recognized in Texas for housing purposes, protected under the federal Fair Housing Act (FHA). While Texas does not have a specific statewide ESA statute, all Texas landlords must follow federal law when handling ESA accommodation requests.

Here’s the quick breakdown:

• Housing: Fully protected
• Travel: ESAs not recognized for air travel
• Public access: No rights (service dogs only)
• Workplaces & schools: Case-by-case
• Breed/size restrictions: Not allowed if you have a valid ESA letter

Texas residents enjoy strong ESA housing protections as long as the documentation is legitimate and properly issued.

🟦 Texas ESA Laws Explained

Texas relies heavily on federal housing law, but also offers clarity on two key areas:

1. Misrepresentation of service animals (a punishable offense)
2. Landlord obligations under FHA

Let’s break everything down clearly.

🟩 Housing Rights Under FHA

Texas landlords must comply with the Fair Housing Act, which requires them to:

✔ Allow ESAs in “no-pet” apartments

A valid ESA letter overrides pet restrictions.

✔ Waive all pet deposits, pet rent, and pet fees

ESAs are not pets under federal law.

✔ Allow ESAs regardless of breed or size

Pit bulls, large dogs, and other “restricted breeds” cannot be denied if clinically justified.

✔ Evaluate each ESA request individually

Landlords may not rely on stereotypes or insurance claims.

✔ Respond within a reasonable timeframe

Delays can be considered discriminatory.

These protections apply statewide — from Austin and Dallas to rural and suburban Texas.

🟥 Texas State ESA Rules

While Texas does not have a standalone ESA law, it does have:

A misrepresentation law (Texas Health & Safety Code § 121.006)

It is illegal to misrepresent an animal as a service animal.

This law does not punish legitimate ESA owners. It only applies to individuals falsely claiming an ESA is a service dog.

Texas views:

• ESAs → Protected for housing, not public access
• Service dogs → ADA public access rights
• Misrepresentation → Illegal

This makes having a properly issued ESA letter extremely important in Texas to avoid misunderstandings.

🟧 Travel Rights in Texas

Texas follows federal DOT rules:

❌ ESAs are no longer accepted on airplanes.

Only psychiatric service dogs qualify for in-cabin travel as ADA-protected service animals.

If a Texas resident needs flight access, transitioning to a PSD may be appropriate.

🟫 Public Access Rights

ESAs do not have public access rights under state or federal law.

This means no guaranteed entry into:

• Restaurants
• Hotels
• Stores
• Malls
• Public offices
• Public transportation
• Entertainment venues
• Medical clinics

Only trained service dogs have ADA public access rights.

🟦 How to Get a Valid ESA Letter in Texas (2025)

A valid ESA letter in Texas must:

✔ Come from a licensed mental health professional

Texas accepts letters from:

• Psychologists
• Physicians
• Counselors
• Social workers
• Therapists
• Nurse practitioners

✔ Be issued after a clinical evaluation

Telehealth is fully allowed.

✔ Explain the disability-related need

Without sharing diagnosis details.

✔ Be on official letterhead

Including provider license number and state.

✔ Follow FHA and HUD guidelines

Ensuring proper format and required information.

NSAR ESA letters for Texas include:

• A proper evaluation
• HUD-compliant documentation
• Licensed clinicians
• A 100% money-back guarantee if not approved

Start Your Texas ESA Evaluation → Begin Here

🟧 What Texas Landlords Can Legally Ask For

Texas landlords may request:

• A valid ESA letter
• Verification of provider licensure
• Confirmation that the ESA is under control
• Basic accommodation documentation

They may not request:

• Diagnosis or medical details
• Access to medical records
• Proof of training
• ESA “registration” or “certification”, although it’s highly recommended
• Photos or videos of the ESA
• Pet deposits, rent, or additional fees
• Breed-specific exclusions
• Outdated or irrelevant forms

Landlords must keep your health information private.

🟫 How Many ESAs Are Allowed in Texas?

Texas has no limit on the number of emotional support animals a person may have. Approval depends on:

• Legitimate clinical need
• Proper documentation
• Reasonable behavior and sanitation
• Accommodation feasibility

Multiple ESAs are common and protected when clinically justified.

🟥 Can a Texas Landlord Deny an ESA?

Yes — but only under specific legal circumstances.

A landlord may deny an ESA if:

• The animal poses a direct threat
• The animal has caused significant property damage
• The tenant refuses to provide documentation
• The ESA letter is fraudulent
• The accommodation creates undue burden

A landlord may NOT deny an ESA for:

• Breed restrictions
• Size or weight
• Insurance objections
• “No-pet” policies
• Personal preference
• HOA or apartment rules
• Fear or stereotypes

If you are denied for an illegal reason, filing a HUD complaint is appropriate and protected.

🟦 How to File a HUD Complaint in Texas

Here’s a simple, step-by-step guide:

1. Collect your ESA letter
2. Save all communication from the landlord
3. File through HUD’s online complaint portal
4. HUD appoints an investigator
5. The landlord responds
6. HUD may initiate mediation or corrective orders

Texas tenants can also file through the Texas Workforce Commission Civil Rights Division, which handles housing discrimination locally.

🟩 Texas ESA FAQs

Are ESAs protected in Texas housing?
Yes — fully protected under FHA.

Can landlords charge pet fees?
No. ESA owners cannot be charged pet deposits or pet rent.

Does Texas recognize ESAs for public access?
No. Only service dogs have ADA access rights.

Can Texas landlords deny ESAs based on breed?
No. Breed restrictions do not apply to ESAs.

Are ESAs allowed in dorms or student housing?
Yes. FHA applies to student housing in Texas.

Do airlines accept ESAs in Texas?
No. Federal DOT rules apply nationwide.

🟦 Summary of Texas ESA Rights (2025)

Texas offers strong federal protections for emotional support animals, giving tenants the right to:

• Live with their ESA in any housing
• Avoid all pet fees
• Request accommodations without fear of discrimination
• Use documentation from a licensed clinician
• Challenge illegal denials through HUD

As long as your ESA letter is valid and compliant, your housing rights in Texas are secure.

Ready to get your Texas ESA letter? Start your evaluation today.

🔗 Related Articles

1. How to Get an ESA Letter for Housing (2025 Guide)
2. ESA vs Psychiatric Service Dog: Which One Do You Need?
3. How to File a HUD Complaint for Housing Discrimination
4. Are Online ESA Letters Legit? What Texas Residents Should Know