Applicant is trying to trap me into an ESA violation

[Donald Moreland]

I own three rental homes in Central Texas. After a recent full remodel, I listed one for lease with no smoking and no pets. One applicant listed two persons and a cat. I decided to waive the cat and we started negotiations. No contract as of yet. Then she divulges that she has an emotional service animal, a dog. I told her I would reject your application and she immediately threatened legal action. I told her I did not reject her because of her ESA, but because of her lack of honesty and full disclosure up front. What's the law?

[Nathan Gesner]

Quote from @Donald Moreland:

I own three rental homes in Central Texas. After a recent full remodel, I listed one for lease with no smoking and no pets. One applicant listed two persons and a cat. I decided to waive the cat and we started negotiations. No contract as of yet. Then she divulges that she has an emotional service animal, a dog. I told her I would reject your application and she immediately threatened legal action. I told her I did not reject her because of her ESA, but because of her lack of honesty and full disclosure up front. What's the law?

 Unfortunately, the law states they can claim the ESA at any time and you have to consider it. Even if you catch them with an animal during an inspection and hit them with a lease violation and fine, they can show up with an ESA letter the next day and you have to consider it.

However, you are under no obligation to accept the cat, even if you verbally said you would. I would deny them based on the cat, then block their phone number and email so they can't contact you any more.