Many members have asked questions about how the U.S. Dept. of Housing and Urban Development’s revised approach toward assistance animals will be implemented. Please keep in mind the following:
The Fair Housing Act has not been amended, and no new federal regulations have been adopted. HUD’s approach reflects its current enforcement position rather than a change to the law.
It is unknown how the Texas Workforce Commission, the state agency responsible for enforcing fair housing laws in Texas, will interpret and apply the new guidance.
Until additional direction is provided by HUD, TWC, or the courts, uncertainty remains regarding issues such as existing accommodations, pet fees, pet deposits, and lease provisions.
Absent further guidance, Texas REALTORS® recommends a cautious approach. Landlords and property managers should avoid making immediate policy changes based solely on the memorandum and should consult legal counsel regarding specific situations.
Texas REALTORS® continues to monitor developments and provide updates as additional guidance becomes available from HUD, TWC, and other relevant authorities.