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.