Service Dogs and Emotional Support Animals: What Landlords and Sellers Should Know

Service dogs and emotional support animals come up more and more in real estate, and the rules for housing aren’t the same as the rules for stores and restaurants. They also just changed. In May 2026, HUD changed how it handles emotional support animal complaints, which left a lot of landlords and homeowners unsure where things stand. Here’s a plain-English look at what’s changed and what hasn’t, whether you rent out a property or you’re selling your home.

Service dog basics in public places

Before getting into housing, it helps to know the ground rules the ADA sets for service dogs in stores, restaurants, offices, and other public places.

• Only two questions are allowed. When it isn’t obvious what a service dog does, staff may ask only: Is the dog a service animal required because of a disability? And what work or task has the dog been trained to perform? They can’t ask about the person’s disability, ask for paperwork, or ask the dog to demonstrate its task.
• No special gear is required. Service dogs don’t have to wear a vest, harness, ID tag, or patch, and there’s no official certification or registry. Online “registrations” and vests carry no legal weight.
• A service dog can be asked to leave. If the dog is out of control and the handler doesn’t take effective action to control it, or if the dog isn’t housebroken, a business can ask that the dog be removed. The person with the disability must still be offered the chance to get the goods or services without the dog there.

For landlords

Service dogs. A service dog is individually trained to perform specific tasks for a person with a disability. That includes guide dogs and psychiatric service dogs. Under the federal Fair Housing Act, a request to allow a trained service animal is treated as presumptively reasonable, even in a no-pets property. Texas law goes further: a tenant with a service animal can’t be charged an extra deposit or fee for the animal, though the tenant is still responsible for any damage beyond normal wear and tear.

Emotional support animals. This is where things changed. Since 2020, HUD had treated emotional support animals much like service animals in housing. On May 22, 2026, HUD withdrew that guidance. It now says it will only pursue complaints involving animals that are individually trained to perform tasks related to a person’s disability, borrowing the service animal definition from the Americans with Disabilities Act. It’s worth knowing who handles what: the ADA, which covers stores, restaurants, and other public places, is enforced by the U.S. Department of Justice, while housing falls under the Fair Housing Act, which HUD enforces.

What didn’t change. The Fair Housing Act itself is the same. HUD changed how it enforces the law, not the law. Tenants can still file their own lawsuits, courts aren’t bound by HUD’s new position, and state and local fair housing laws still apply. So it’s not safe to assume you can now turn down every emotional support animal request. Look at each request on its own facts, keep a written record of how you handled it, and talk with a real estate attorney before changing your policies.

A note on fake service animals. In Texas, it’s a misdemeanor to knowingly pass off an animal as a service animal when it isn’t trained to help a person with a disability, with a fine of up to $1,000 and community service.

For homeowners selling a house

Your own dog during showings. Even the best-behaved dog is a distraction for buyers, and some buyers are nervous around dogs or have allergies. If you can, take your dog with you or book a day at doggie daycare during showings and open houses. Buyers relax and spend more time in a home when there’s no dog to work around. If your dog is a service dog that needs to stay with you, plan to step out together during showings.

Buyers who bring a service dog. You might expect the ADA to cover this, but it usually doesn’t. The ADA applies to public places like stores and offices, and a private home generally isn’t one, even when it’s for sale. What does apply is fair housing law, which covers the sale of homes, not just rentals. It requires reasonable accommodations for buyers with disabilities, and that can include making an exception to a “no pets” showing instruction for a trained service dog. Texas law also guarantees people with service animals full and equal access to housing.

A buyer who’s turned away could file a complaint with HUD or with the Texas Workforce Commission’s Civil Rights Division, which handles fair housing complaints in Texas, or take the matter to court. So if a buyer arrives with a service dog, don’t turn them away. Talk with your agent about how to handle it. A service dog is trained to stay calm and focused, so it’s rarely a problem.

HOA and condo rules. If your home is in an HOA or condo community with pet rules, make sure buyers can see those rules early. HOAs are subject to fair housing law, so their pet limits can’t simply be applied to every service animal the same way they’re applied to pets. My walk-through of one community’s rules shows the kind of pet and fencing restrictions worth reading before an offer.

Selling a rental with a tenant in place. If your tenant has a service dog or an emotional support animal that you’ve approved, that arrangement doesn’t disappear when you list the house. Let your agent and the buyer know so the transition goes smoothly.

Check the rules yourself

These rules are still shifting, and HUD has said it plans to update its regulations. To stay current, check HUD’s fair housing pages at hud.gov, and for Texas-specific questions, the Texas Workforce Commission’s Civil Rights Division, which handles fair housing complaints in Texas.

For the lighter side of life with a dog here, see my guide to dog-friendly fun around DFW.

I’m not an attorney, and this isn’t legal advice. If you’re facing a specific situation, a real estate attorney is the best person to ask.

If you have questions about buying, selling, or renting out a home in Dallas-Fort Worth, I’m happy to help.

Sources

• ADA.gov, service animals: 2010 requirements
• Texas Human Resources Code Section 121.003, discrimination prohibited
• Texas Human Resources Code Section 121.006, misrepresentation of an assistance animal
• Holland & Knight, HUD rescinds emotional support animal guidance
• National Association of REALTORS, HUD issues new emotional support animal guidance