Starting January 1, 2026, real estate brokers in Texas are legally mandated to secure a written agreement before showing a residential property to a potential buyer.

This regulation, established by the Texas Occupations Code, ensures that the relationship between the agent and the client is clearly defined prior to any tours.

Depending on whether the broker is representing the individual or simply providing access, they must utilize specific 

Texas REALTORS® forms to remain compliant. Every agreement is required to

explicitly state the services provided,

a specific termination date,

and the negotiable nature of commissions.

By formalizing these terms early, the law protects both parties by clarifying exclusivity and compensation expectations.

These guidelines serve as a vital framework for professional conduct and regulatory adherence within the Texas housing market.

Click here – to download the short form for Buyer Rep Agreement

What are the key changes in the HUD memorandum?

According to the provided sources, the HUD memorandum issued on May 22 introduces several shifts in how assistance animal accommodation requests are handled, even though the core legal framework remains the same.

The key changes highlighted in the memorandum include:

What Has Not Changed

It is important to note that the memorandum does not change the underlying law. The following elements remain stable:

In summary, while the legal protections for persons with disabilities remain intact, the operational interpretation and enforcement strategies used by HUD are the primary areas of change.

What is the impact of training and tasks guidance?

The guidance regarding training and tasks represents a significant shift in HUD’s enforcement interpretation and is a primary driver of the current period of “Policy Uncertainty” (2025–2026) for housing providers.

Based on the sources, the impact of this new guidance includes:

While these discussions around training and tasks are changing HUD’s interpretation, the sources emphasize that the Fair Housing Act (FHA) itself remains stable, and the requirement for case-by-case evaluations has not changed.

What documentation can be required from applicants under new guidance?

Under the new guidance and the current period of “Policy Uncertainty” (2025–2026), the specific documentation requirements for assistance animals are shifting, though the goal remains to verify the legitimate need for an accommodation.

Based on the sources, housing providers can require documentation that addresses the following:

Guidance on Unreliable Documentation

The sources highlight that housing providers should be cautious of certain types of documentation that may not meet the necessary criteria:

Because HUD is reporting the withdrawal of some previous guidance, the sources suggest that housing teams must focus on maintaining consistent and defensible processes for evaluating this documentation to manage increased operational risk.

What is the impact of the Interactive Process?

The Interactive Process serves as a critical framework for evaluating assistance animal requests, particularly during the current period of policy uncertainty. According to the sources, its impact is primarily seen in how it facilitates verification and manages risk for housing providers.

The key impacts of the Interactive Process include:

In essence, the Interactive Process moves the evaluation from a simple document check to an active engagement that ensures only those with legitimate, verified needs receive the accommodation.

Can pet rent be charged for assistance animals?

Based on the sources, the answer depends on whether the animal is a verified assistance animal or is determined to be a pet through the evaluation process.

Under the Fair Housing Act (FHA), which the sources emphasize has remained stable despite new HUD guidance, the following rules apply:

In summary, as long as the animal meets the criteria for an assistance animal under the stable FHA framework, it is exempt from pet rent. This remains a top concern for housing teams, which is why the sources recommend maintaining a consistent and defensible process for evaluating every request.

How should housing teams evaluate requests for multiple assistance animals?

Housing teams should evaluate requests for multiple assistance animals by applying a Reasonableness Test based on HUD guidance to determine the validity of the requests. According to the sources, there are four primary criteria and common concerns for housing teams to consider:

By focusing on these criteria, housing teams can manage the increased legal variability of the current “Policy Uncertainty” period while ensuring they remain in defensible compliance.

What is the Reasonableness Test for multiple animal requests?

Explain the difference between the 2020 and 2025 standards.

How can teams identify fraud during the Interactive Pro

The U.S. Department of Housing and Urban Development no longer requires landlords to waive pet policies for untrained emotional support animals.

HUD has determined that requests to waive pet policies for animals trained to perform specific disability-related services are reasonable, but requests to waive pet policies for untrained ESAs are not. HUD no longer expects housing providers to extend accommodations intended for trained assistance animals to untrained ESAs.

HUD will only investigate cases involving animals trained to provide disability-related assistance. Untrained emotional support animals will no longer be considered exempt from pet fees in rental property.

The Americans with Disabilities Act defines a service animal as “individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” To be a service animal, the tasks performed by the animal “must be directly related” to the disability. Providing emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

Going forward, HUD will use the training component of the ADA’s definition for service animals to assess animal-related reasonable accommodation complaints under the Fair Housing Act. Defining an assistance animal as an animal trained to assist with a disability is the best guarantee of evenhanded enforcement of the Fair Housing Act.

Absent guidance from federal or state authorities, Texas REALTORS® recommends a measured approach to working with tenants with ESAs. A lease is a legally binding document, so landlords may not immediately charge a tenant a pet fee or pet deposit if the lease already states none is required. Texas REALTORS® will continue to monitor HUD’s guidance but in the meantime property managers and landlords with questions about making changes to leases based on this guidance should speak with legal counsel who can advise them on the best way to proceed.

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:

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:

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: