Service and ESA dogs for SFH rental exempt from FHA?

[Tristan S.]

Hi,

Recently put my first rental on the market (SFH) in Texas. I recently got prospective tenants mentioning that they had two service dogs including a german shepherd. I think they actually meant ESA instead of service animal.

Anyway, I spoke with my insurance broker who gave me the list of prohibited dogs (and I know, you can't discriminate for breed for service or ESA dogs) but he pretty much told me that I would not be able to get coverage for those breeds which should qualify as an undue burden ??? as I would lost coverage and according to him, the only coverage that would allow those dogs would exclude any liability associated with the animal putting me and my family in danger.

Other reason is that according to the fair housing act, Applies to virtually all forms of housing, whether for sale or rent. The exceptions include "private owners who do not own more than three single-family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements." Apparently I do not even have to comply with FHA which kind of baffles me, Am I correct on this? Which would mean that I could flat out refuse service dogs and ESA?

That is all concerning federal laws, what about Texas laws? I looked through the Texas Property code for rental properties and did not find any mention of either service dogs or ESA.

Thanks for your help !