March 12, 2026

ESA and the “Mrs. Murphy exemption”.

3 minutes

Produced at the Poodle Ranch

concerning emotional support animals, are landlords given exceptions under FHA rules, if the building only has 4 apartments

Yes, under the federal Fair Housing Act (FHA), there is a specific exception that can apply to buildings with four or fewer units. This is commonly known as the “Mrs. Murphy Exemption.”

However, the exception only applies if certain criteria are met. Here is the breakdown:

1. The “Mrs. Murphy” Exemption

A landlord is generally exempt from the FHA’s requirements regarding Emotional Support Animals (ESAs) if:

The building has four or fewer units (e.g., a four-plex, triplex, or duplex).

The owner lives in one of the units as their primary residence.

2. When the Exemption Does NOT Apply

Even if the building only has four units, the landlord must still follow FHA rules (meaning they must allow a documented ESA) if:

The owner does not live on-site: if the landlord lives elsewhere, the building is treated like any other commercial rental property and must comply with the FHA.

A Real Estate Agent is used: If the landlord uses a licensed broker or management company to rent the units, the exemption is typically voided.

Discriminatory Advertising: Landlords cannot run ads saying “no disabled tenants” or “no ESAs,” even if they are otherwise exempt. The exemption applies to the act of choosing a tenant, not the advertising of the property.

3. Texas-Specific Considerations

In Texas, state law generally mirrors the federal FHA. While the federal “Mrs. Murphy” rule provides a shield for small, owner-occupied dwellings, it is important to note:

Reasonable Accommodation: In most other rental situations, an ESA is not considered a “pet” but an “assistance animal.” Landlords cannot charge pet deposits or pet rent for them.

Documentation: A landlord (who is not exempt) can request a “reliable disability-related need” letter from a healthcare professional but cannot ask for specific medical records or a diagnosis.

...more

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By Lester Langdon

March 12, 2026

ESA and the “Mrs. Murphy exemption”.

3 minutes

Produced at the Poodle Ranch

concerning emotional support animals, are landlords given exceptions under FHA rules, if the building only has 4 apartments

Yes, under the federal Fair Housing Act (FHA), there is a specific exception that can apply to buildings with four or fewer units. This is commonly known as the “Mrs. Murphy Exemption.”

However, the exception only applies if certain criteria are met. Here is the breakdown:

1. The “Mrs. Murphy” Exemption

A landlord is generally exempt from the FHA’s requirements regarding Emotional Support Animals (ESAs) if:

The building has four or fewer units (e.g., a four-plex, triplex, or duplex).

The owner lives in one of the units as their primary residence.

2. When the Exemption Does NOT Apply

Even if the building only has four units, the landlord must still follow FHA rules (meaning they must allow a documented ESA) if:

The owner does not live on-site: if the landlord lives elsewhere, the building is treated like any other commercial rental property and must comply with the FHA.

A Real Estate Agent is used: If the landlord uses a licensed broker or management company to rent the units, the exemption is typically voided.

3. Texas-Specific Considerations

In Texas, state law generally mirrors the federal FHA. While the federal “Mrs. Murphy” rule provides a shield for small, owner-occupied dwellings, it is important to note:

Reasonable Accommodation: In most other rental situations, an ESA is not considered a “pet” but an “assistance animal.” Landlords cannot charge pet deposits or pet rent for them.

...more

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ESA and the “Mrs. Murphy exemption”.

ESA and the “Mrs. Murphy exemption”.