HUD's 2026 ESA changes and Texas renters

Step one was the withdrawal

FHEO-2020-01 dates from January 2020, when HUD released it to tell providers how to weigh animal requests. A Federal Register entry dated April 6, 2026 (91 FR 17291) names it as withdrawn, together with a 2013 predecessor, FHEO-2013-01. The pullback counts from September 17, 2025.

Withdrawn means those documents no longer guide HUD's work. Any website still citing the 2020 notice as current rules is out of date.

Step two was the May 2026 memo

Craig W. Trainor, who leads HUD's fair housing office as Assistant Secretary, signed a fresh enforcement memo dated May 22, 2026, which applied at once. What it says, in short:

• HUD investigators will find cause and push for charges only when the animal has been trained, one on one, for jobs linked to the disability.
• For a trained animal, setting aside pet rules is presumed reasonable. For an untrained ESA, there's no such presumption.
• Open ESA cases move to case-by-case review.
• FHEO-2020-01 is rescinded for good, and the memo doubts the 2020 idea that ESA owners were exempt from fees.
• A formal rule is planned to bring HUD closer to the ADA approach.

What the memo left alone

Congress didn't touch the statute, and HUD's accommodation rule (24 CFR 100.204) reads as before. The 2004 guidance that HUD and DOJ issued together also remains in force. Under it, a provider facing a request tied to a hidden disability may seek dependable supporting information, usually can't dig into your diagnosis or its intensity, and shouldn't make an accommodation hinge on paying extra charges or deposits.

The memo sets no new documentation rule. It doesn't address state law. And it doesn't limit private lawsuits, which a tenant can still bring within two years.

How it lands in Texas

Texas has its own accommodation duty in Property Code §301.025(c)(2), enforced by the Texas Workforce Commission. That statute didn't change in 2026, and it never mentioned animals to begin with. We haven't found any TWC rule or statement saying whether it will adopt HUD's new ESA approach.

The Texas Apartment Association put it this way in a public summary: HUD changed how it will enforce ESA complaints, but the underlying housing laws haven't changed. That's a fair one-line version for tenants too.

What it means for your ESA request

• Approval isn't automatic. Expect a Texas landlord to weigh your request on its facts.
• Good documentation still counts. A landlord can ask you to show why the animal matters for your disability, and a licensed clinician's letter is how most people do that.
• HUD's present enforcement stance may let a landlord collect pet fees or deposits for an untrained ESA. Trained service dogs are shielded from those charges by the 2004 joint statement and by Texas HRC §121.003(h).
• If your animal chews, scratches or stains something, that bill still lands on you.
• If you believe a refusal was unfair, TWC, HUD and private lawsuits all remain options.

Psychiatric service dogs come out ahead

The memo's line is training, not diagnosis. A psychiatric service dog that has learned concrete mental-health jobs lands on the favored side. If your dog actually performs such tasks, describe them accurately in your request. If it doesn't, don't call it a service animal; Texas makes that a misdemeanor under §121.006.