Not long ago, a property owner asked us a question that’s becoming more common in real estate circles:
“With HUD changing its guidance, does this mean I no longer have to consider emotional support animals?”
The answer isn’t as simple as yes or no.
HUD recently announced changes to how it will evaluate and enforce certain complaints involving assistance animals in housing. The announcement has generated a lot of discussion among landlords, property managers, investors, and tenants. Unfortunately, some of the online headlines have created more confusion than clarity. Before we get into the details, it’s important to understand one thing.
The Fair Housing Act has not changed.
Congress did not pass a new law. Property owners did not suddenly receive a new set of rights. What changed is HUD’s approach to enforcing existing regulations involving assistance animals. For years, one of the biggest challenges for landlords involved understanding the difference between a service animal and an emotional support animal.
Most people are familiar with service animals. These are animals that have been individually trained to perform specific tasks for a person with a disability. Examples include guiding someone with impaired vision, alerting an individual to a medical condition, or assisting with mobility. Emotional support animals are different. They provide comfort, companionship, and emotional benefits, but they are not necessarily trained to perform a specific disability related task.
That distinction is at the heart of HUD’s new guidance.
Under the agency’s updated position, greater emphasis is being placed on animals that have received specialized training to assist a person with a disability. HUD has indicated that its enforcement efforts will focus more heavily on those situations and less on cases involving untrained emotional support animals. For many property owners, that provides a little more clarity than existed before. At the same time, it would be a mistake to assume that emotional support animals are no longer relevant in housing decisions. They’re still very much part of the conversation.
One of the biggest misconceptions I’ve seen since this announcement is the belief that landlords can now automatically deny any request involving an emotional support animal. That’s not what HUD said, and it’s not how prudent property owners should approach the issue. Housing laws are rarely black and white. Court decisions, state laws, local regulations, and the facts of each situation all play a role. What works in one case may not apply in another.
HUD’s recent guidance suggests that untrained emotional support animals may no longer receive the same level of federal enforcement protection that existed under prior HUD policies. As a result, property owners should consult legal counsel before determining whether pet fees, deposits, or other pet-related policies apply in a particular situation.
That’s why experienced property owners continue to follow the same basic principles they’ve always followed.
Review each request individually.
Maintain clear documentation.
Apply policies consistently.
When questions arise, seek legal guidance before making a final decision.
For property owners here in the Coastal Bend, this issue is especially relevant. Many investors own rental homes, waterfront condominiums, townhomes, and long term rental properties throughout Corpus Christi and Padre Island. Accommodation requests involving assistance animals are not uncommon, and understanding the rules helps everyone avoid unnecessary disputes.
At Coastline Properties, we believe informed property owners make better decisions. Whether you’re purchasing an investment property, managing a rental home, or evaluating changing housing regulations, staying educated is one of the best ways to protect your investment and avoid costly mistakes.
This article is intended for informational purposes only and should not be considered legal advice. Property owners with specific questions regarding fair housing compliance should consult a qualified attorney.
TWIA NEWS…….
With the flooding and other tragedies that have occurred across the state, it is important that consumers be aware of Chapter 57 of the Texas Business and Commerce Code that was enacted by HB 1711 effective September 1, 2011. The bill applies to contractors who remove, clean, sanitize, demolish, reconstruct, or otherwise treat improvements to real property as a result of damage or destruction to that property caused by a natural disaster. Specifically, it requires that a “disaster remediation” contract must be in writing and prohibits a “disaster remediation contractor” from requiring payment prior to beginning work or charging a partial payment in any amount disproportionate to the work that has been performed. However, the statute exempts contractors that have held a business address for at least one year in the county or adjacent county where the work occurs.
It’s no secret that it costs a lot to live on the coast, especially once you add up your taxes, homeowner’s insurance, flood insurance, and windstorm insurance. And in 2012, the Texas Department of Insurance (TDI) proceeded forward with several proposals to fund the Texas Windstorm Insurance Association (TWIA), the provider of last resort for windstorm insurance on our coast. It was then that TWIA adopted a 5% increase on all residential and commercial windstorm insurance policies to policyholders in the 14 counties (Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio, and Willacy) comprising the Texas Coast. This was the third rate increase since 2009. But the long fight is finally over.
