An emotional support animal can be tremendously helpful for people dealing with a chronic mental or emotional illness. If you live in Texas, do you know your rights regarding emotional support animals (ESA)?
Did you know a landlord can’t deny your ESA because they have a no-pets policy? Or did you know emotional support animals are exempt from pet fees and deposits? Did you also know that landlords can’t restrict the type of ESA you have based on size, weight, or breed?
We’ll provide everything you need to know about how emotional support animals are governed in Texas. We’ll also explain how you can ensure that you and your ESA will be protected under the law.
Emotional Support Animals in Texas are Protected Under the Fair Housing Act
Emotional support animals are protected under the federal Fair Housing Act in Texas. You cannot be forced to get rid of your emotional support animal because of size or breed restrictions given by a landlord or housing committee, and you cannot be evicted just because you own an emotional support animal
ESAs are even allowed in buildings that ban all pets. ESAs are not considered pets under federal rules — they are considered assistance animals for people with mental health issues.
However, landlords can take steps to determine whether your emotional support animal is legitimate. If they find that it is not, they may be able to ask you to get rid of the animal or evict you if you violate pet policies.
To legitimately qualify for an ESA, you must work with a qualified licensed healthcare professional such as a therapist or doctor, who recommends your emotional support animal.
ESALetters.com
It is also perfectly acceptable to use a therapist or doctor who offers online services. Just be mindful that an ESA letter must come from a therapist or doctor that is licensed in Texas. These days many people are turning to the convenience of online providers to get an ESA letter without leaving home.
Who Can Verify Your Emotional Support Animal in Texas?
To have an ESA letter written to verify your emotional support animal in Texas, the verifier needs to be a licensed health professional that can practice in Texas. The professional should evaluate your mental health concerns and determine whether an ESA would help you.
Licensed professionals who can write ESA include:
- therapists
- psychologists
- psychiatrists
- doctors
- nurses
- counselors
- social workers
Many mental health illnesses can qualify for an emotional support animal, including depression, PTSD, anxiety, ADHD, panic disorders, and phobias.
Does the Health Professional Need to be in Texas?
The health professional who verifies that you would benefit from an emotional support animal doesn’t need to be in Texas as long as they are licensed to practice in the state. Many therapists these days work remotely and offer their services entirely online.
It’s important, however, that your health professional has an active license to practice in Texas and all the certifications required by Texas law for their practice.
Want to know if you qualify for an ESA? We can connect you with a licensed therapist online for your ESA letter consultation.
Does Breed or Species Matter When Choosing an Emotional Support Animal in Texas?
Any reasonably sized domestic animal, such as a dog, cat, bird, rabbit, or fish, can serve as an emotional support animal, provided it is typically kept in the home for pleasure. All ESAs must be well managed by the owner and should not create a nuisance for other tenants.
If your landlord tries to claim that your ESA is not allowed because of their breed or size, they are not following federal guidelines. The breed of your emotional support animal isn’t relevant as long as they are well-behaved and are safe to be around.
What if the Housing Rights of Emotional Support Animal Owners are Ignored in Texas?
Landlords who have violated Fair Housing laws can get in serious trouble. That includes lawsuits brought by the government and fines. ESA owners are legally protected by federal law in every state, including Texas.
In a case in 2015, a landlord refused to allow a minor’s emotional support animal in a rented duplex. When the tenant sued under the Federal Housing Act and the Texas Fair Housing Act, the defendants sought dismissal because they claimed that the pit bull mix dog was dangerous and therefore exceeded reasonable accommodation. The court disagreed, as a veterinarian found no indication of aggression, and the move to dismiss was denied.
Know Your Rights Regarding Emotional Support Animals in Texas
If you’re a resident in Texas, you have special rights regarding your emotional support animal. Provided you have a legitimate ESA letter written and signed by a healthcare provider, you won’t need to worry about pet fees, deposits, size, or breed restrictions.
Wondering where to start? ESA Letters was built from the ground up to provide people suffering from mental health issues with a starting point for ESA letters. We can connect you to a welcoming, friendly professional that gets that mental health is a big deal and that animals can change your life.
How does it work? It’s simple: Just answer some questions and provide some basic details, and we’ll put you in touch directly with an ESA professional who will evaluate you for an ESA letter. If you qualify, you will get a 100% authentic ESA letter that will make you an official ESA owner!
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