Legal – Houstonius

Legal – Houstonius

By Lester LangdonBusinessInvesting
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Legal – Houstonius episodes

  • Gov. Abbott signs Squatter Legislation

    Texas Governor Greg Abbott signed two key anti-squatting laws passed by the Texas Legislature: Senate Bill 38 and Senate Bill 1333. These measures aim to close legal loopholes, accelerate property recovery for owners, and eliminate long civil court delays when removing unauthorized occupants.

    Key Anti-Squatting Bills

    1. Senate Bill 1333 (Immediate Removal & Penalties)

    • Law Enforcement Intervention: Empowers sheriffs and constables to remove squatters directly upon receiving a sworn complaint from a property owner stating that an unauthorized person has taken unlawful possession.
    • No Civil Delay: Property owners no longer have to wait through multi-month eviction processes if the occupant was never a legal tenant or leaseholder.
    • Targeting Lease Fraud: Upgrades criminal penalties for creating or presenting false lease documents, deeds, or fraudulent authorization.
    • Real Estate Scams: Makes it a felony to market, list, or accept payment for renting/selling real estate without legal ownership or clear authorization.
    • 2. Senate Bill 38 (Eviction Streamlining)

      • Strict Timelines: Sets uniform requirements requiring courts to hold eviction proceedings within 21 days of a petition being filed.
      • Summary Judgment: Allows courts to expedite cases via summary judgment when facts regarding tenancy status are undisputed, reducing court backlogs.
      • Summary of Impact

        Aspect
        Old Standard
        New Anti-Squatting Framework
        Law Enforcement Role
        Civil matter; police often refused to act without court eviction order.
        Officers can directly remove squatters upon receiving a sworn affidavit.
        Eviction Timeline
        Months of judicial delay.
        Fast-tracked trial within 21 days or immediate police removal for non-tenants.
        Fake Lease Scams
        Treated as basic civil dispute or low-level misdemeanor.
        Upgraded criminal penalties, including felonies for selling or leasing property without authority.

        7 min
      • A Serial Squatter Gets Sentenced to 20 Years in Texas

        A

        by Lauren Wellbank

        Tue, September 8, 2026 at 7:00 AM CDT

        Image Credit: New York Post / Facebook.

        Key takeaways – Powered by Yahoo Scout. Yahoo is using AI to generate key points from this article. This means the info may not always match what’s in the article. Reporting mistakes helps us improve the experience.

        • Heather Ruybal, a Texas woman, was convicted of felony fraud for squatting in multiple properties and causing thousands of dollars in damages.
        • Heather Ruybal finally found out her fate when she stood before a judge on Aug. 31, 2026. The Texas woman had been charged with felony fraud as a nearly lifelong squatter, racking up dozens of evictions and thousands of dollars’ worth of property damage over the years.

          According to the New York Post, it all came to a head in July when she was found guilty of the crimes, which stemmed from a 2023 incident where she wrote a bad check and used a fake name to lease a house. The judge was also able to take a 2018 conviction into consideration during sentencing, which led to much harsher punishment.

          In the end, Ruybal was hit with the maximum sentence, as well as a hefty restitution payment, which adds up to tens of thousands of dollars.

          Whether that feels like justice to the couple Ruybal was convicted of defrauding remains to be seen, especially considering everything they lost as a result of her crimes.

          Convicted Squatter Lived Rent-Free at Landlord’s Expense

          The Texas woman was convicted of renting a home from Jessica Davis under her late father Rayes Ruybal’s name. According to the New York Post, once she moved in, the squatter never made a payment to Davis, living in the home for free for several months. 

          Once Davis was finally able to get her out of the property, she was left with a massive cleanup on her hands. “Both of the toilets are clogged with mounds of toilet paper and other seemingly fluids,” Davis told Fox News back in 2023. Sadly, Davis eventually lost the home after being unable to make the payments due to a lack of rental income.

          The judge was able to use this story, as well as previous convictions across Texas and Denver, to enhance the sentencing. 

          The Squatter Was Accused of Other Offenses Over the Years

          It may be bad enough that Davis lost her home as a result of the lack of rental payments, but other former landlords have said that they were left with expensive cleanouts after dealing with the squatter as well. That includes a Colorado landlord who told Denver7 that her property was contaminated with methamphetamine after the squatter lived in her home back in 2024.

          She is also accused of stealing more than $500,000 from her former employer in her role as a bookkeeper and payroll manager, according to the outlet. 

          All States Have Some Sort of Squatters’ Rights

          According to the American Apartment Owners Association, squatters’ rights (aka adverse possession) laws exist in every state. Unfortunately, stories like the one Davis shared are becoming more common, highlighting the importance of laws like this. 

          0 min
        • Harris County Deed Security

          Source: HCCO

          Harris County’s New Property Alert System Could Give King Crossing Homeowners an Early Warning Against Deed Fraud

          Katy / Fulshear  /  Katy / Fulshear

          August 21 2026

          For homeowners, few things are more unsettling than the idea that a document affecting their property could be filed without their knowledge. Harris County is preparing a new tool designed to give residents a better chance of finding out when that happens.

          The Harris County Clerk’s Office is getting ready to launch its Property Alert System, or PAS, a free service that will notify enrolled users when a document is recorded under a name they have registered with the system.

          For property owners in King Crossing, the service could provide something simple but important: earlier awareness when activity involving their name appears in Harris County’s real-property records.

          The Harris County Clerk’s Office is already promoting the Property Alert System as “coming soon” on its website, including its Real Property and Public Records pages. As of Aug. 21, an enrollment page and official launch date had not yet been posted. 

          How the Harris County Property Alert System Will Work

          According to information released by the Harris County Clerk’s Office, residents who enroll will receive an alert whenever a document is recorded under their registered name.

          That notification gives a property owner an opportunity to review the filing and determine whether it is something they recognize.

          To improve the accuracy of those alerts, the Clerk’s Office plans to encourage residents to register all variations of their names. That could be particularly important for someone whose name may appear differently on property records — for example, with or without a middle name, middle initial or other variation.

          The system is intended to help identify possible property deed fraud, which can occur when someone fraudulently records documents such as deeds or liens without the legitimate property owner’s knowledge.

          Harris County’s Real Property Department is responsible for recording documents related to real estate in the county, while its Public Records Department maintains and assists residents with accessing land records. Harris County’s collection of land records stretches back to the Republic of Texas in 1836. 

          An Alert — Not a Lock on a Property

          There is an important distinction for homeowners to understand: PAS is an alert system, not a mechanism that prevents a document from being recorded.

          The service is designed to tell a registered user that a filing has occurred so the property owner can review it and, if necessary, take action.

          That matters because the Harris County Clerk’s Office has what it describes as a ministerial duty to accept documents for recording when state law authorizes, requires or permits them to be filed.

          In practical terms, the Property Alert System adds another way for residents to keep an eye on the public record rather than assuming they will automatically know when something has been filed.

          For a King Crossing homeowner who recognizes the document, the alert may simply provide reassurance. Someone who does not recognize a deed, lien or other filing, however, would have an opportunity to investigate sooner.

          PAS itself will not determine whether a document is legitimate or fraudulent.

          Why Early Notice of Deed Fraud Matters

          Property fraud can become especially complicated when it goes unnoticed.

          A fraudulent filing may raise questions about ownership, create title problems or require legal action to untangle. An alert does not eliminate those risks, but learning about an unfamiliar filing quickly can give a homeowner an opportunity to begin checking what happened rather than discovering the issue much later.

          That is one reason property fraud alert services have become an increasingly useful consumer-protection tool at county clerk offices.

          Harris County has not historically offered such a system. Reporting on deed-theft prevention in the Houston area previously noted that neighboring counties already had property fraud notification services while Harris County did not. 

          The upcoming PAS changes that picture for homeowners in the state’s most populous county.

          What Residents Should Do If an Alert Looks Suspicious

          An alert should be treated as a notification to review a filing — not proof that a crime has occurred.

          The Harris County Clerk’s Office advises anyone who suspects fraudulent activity to contact law enforcement and seek legal guidance.

          Residents can also use the Clerk’s existing records services to research documents affecting Harris County real estate. The office’s online real-property search provides access to recorded information, and its Public Records Department assists residents looking for land records and copies of documents. 

          The Real Property Department can be reached at 713-274-8680, while the Public Records Department can be reached at 713-274-6390. 

          What Happens Next

          For now, King Crossing property owners do not need to sign up because enrollment has not yet opened.

          Harris County residents should watch the Harris County Clerk’s Office website at cclerk.hctx.net for the official launch announcement and enrollment instructions. The Clerk’s Office has not yet published a specific launch date on its website, although “Coming Soon: Property Alert System” is now displayed prominently across several HCCO pages. 

          Once registration opens, residents will want to pay close attention to the instructions for entering their names and should consider including every name variation recommended by the Clerk’s Office.

          For homeowners who already keep tabs on tax records, insurance documents and home maintenance, PAS will add another piece to that routine: watching the public records that can affect one of a family’s largest investments.

          My Neighborhood News will continue following the Harris County Property Alert System and share enrollment details when the Clerk’s Office announces the official launch.

          By Tiffany Krenek, My Neighborhood News 

          Tiffany Krenek has been on the My Neighborhood News team since August 2021. She is passionate about curating and sharing content that enriches the lives of our readers in a personal, meaningful way. A loving mother and wife, Tiffany and her family live in the West Houston/Cypress region.

          2 min
        • Requirements to see a property

          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 to see any home.

          0 min
        • HUD New ESA Memorandum

          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:

          • HUD Enforcement Interpretation: There is a change in how HUD interprets the enforcement of existing regulations.
          • Internal Complaint Processing: The memorandum affects the internal procedures for how complaints regarding assistance animals are processed.
          • Focus on Training and Tasks: There is new discussion and guidance regarding the training and specific tasks that assistance animals perform.
          • Shift in Guidance Reliance: The 2025–2026 period is characterized by “Policy Uncertainty,” including reports of guidance withdrawal and a reduced reliance on prior notices, such as the FHEO-2020-01. This has led to increased legal variability for housing providers.
          • What Has Not Changed

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

            • The Fair Housing Act (FHA): The Act itself has not changed.
            • Reasonable Accommodation Framework: The basic legal structure for requesting and granting accommodations is still in place.
            • Disability Protections: Existing protections for individuals with disabilities remain the same.
            • Case-by-Case Evaluations: Housing providers are still required to evaluate each request on its own individual merits.
            • 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:

              • Shift in Enforcement Interpretation: The memorandum introduces new discussions specifically centered on the training and tasks assistance animals perform, which is marked as a key departure from previous internal processing.
              • Increased Legal Variability: Because HUD is reporting the withdrawal of certain guidance and a reduced reliance on prior notices (such as FHEO-2020-01), housing providers face more legal variability when determining how to evaluate the necessity of an animal’s specific tasks.
              • Operational Risk: This shift contributes to a move away from the “Operational Standard” held between 2020 and 2024, where verification protocols were more clearly defined by HUD guidance. Now, the interpretation of these requirements is changing, making consistent and defensible documentation of decisions even more critical for rental housing teams.
              • 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:

                • Authenticity and Personal Knowledge: Verification efforts now focus heavily on affirming the authenticity of the document and ensuring that the healthcare provider has personal knowledge of the applicant and their disability-related need.
                • Provider Letters with Specific Information: While the sources note that there is a “reduced reliance on prior notices” (like FHEO-2020-01), they emphasize that provider letters should still contain specific information to be considered valid.
                • Legal Attestation: Applicants can be required to provide a legal attestation regarding the truthfulness of their request.
                • The “Interactive Process”: Documentation is often requested as part of an “Interactive Process,” where the housing provider and applicant engage in a dialogue to determine the necessity of the accommodation.
                • 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:

                  • Online ESA Mills: Documentation consisting of certificates purchased online without a genuine provider relationship is flagged as a concern.
                  • Purchased “Boilerplate” Letters: Generic, boilerplate letters sold specifically to bypass pet policies are often insufficient to establish a legitimate need.
                  • 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:

                    • Fraud Identification and Non-Responsiveness: A significant outcome of following this process is the ability to identify fraudulent requests. If an applicant fails to respond during the interactive dialogue or if fraud is discovered, the process allows the housing provider to clearly notify both parties that the request will be treated as a pet rather than an assistance animal.
                    • Requirement for Legal Attestation: As part of this process, applicants are required to provide a legal attestation regarding the truthfulness of their accommodation request, which adds a layer of accountability and helps ensure the request is legitimate.
                    • Defensible Compliance: Utilizing the Interactive Process ensures that determinations are 100% aligned with HUD, ADA, and Fair Housing guidelines. This helps housing teams maintain “defensible compliance” and reduces the risk of legal challenges .
                    • Standardization of Reviews: By following this HUD-defined process, platforms like PetScreening can provide a consistent and documented path for every request, which is essential for managing the increased legal variability reported in 2025–2026.
                    • 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:

                      • No Pet Rent for Verified Assistance Animals: Because the “Reasonable Accommodation Framework” and “Disability Protections” have not changed, assistance animals are not considered pets. Therefore, housing providers cannot charge pet rent, pet fees, or pet deposits for a verified assistance animal.
                      • Treatment as a Pet if Denied: The sources state that if a request for an assistance animal is found to be fraudulent, or if the applicant fails to respond during the “Interactive Process,” the housing provider can notify the parties that the animal will be treated as a pet. In these specific cases, pet-related fees and rent would be permitted.
                      • Stable Legal Obligations: While there is “Policy Uncertainty” regarding how to evaluate requests and a “reduced reliance on prior notices,” the core legal obligation to provide reasonable accommodations without pet-related charges remains in effect.
                      • 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:

                        • Household Ratio: Teams should evaluate the reasonableness of the total number of animals within a single household, such as a situation where five residents each request an Emotional Support Animal (ESA).
                        • Nexus to Disability: Providers need to understand the “nexus,” or connection, between the multiple animals and the specific disability. This is particularly relevant when an applicant requests two or more ESAs for a single disability, as the team must determine why more than one animal is necessary to meet that single need.
                        • Timing and Sequence of Requests: The evaluation should take into account when the requests are made, especially if there are sequential accommodation requests or if multiple requests are submitted shortly after a resident moves in.
                        • Case-by-Case Evaluations: Despite the complexity of multiple requests, the fundamental requirement to conduct individual, case-by-case evaluations remains unchanged under the Fair Housing Act.
                        • 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

                          6 min
                        • New HUD rule concerning Emotional Support Animals (ESA)

                          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.

                          3 min
                        • ESA and the “Mrs. Murphy exemption”.

                          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.
                              • 4 min

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