Accessible Housing Unit Rules for New Construction in Texas

If you are a renter in Texas and have a disability, understanding the requirements for accessible housing units in new construction can help ensure your home meets your needs. Texas follows federal and state standards designed to guarantee that new multifamily buildings are accessible and inclusive, but knowing your rights, available forms, and steps to take can make a big difference in your renting experience.

Understanding Accessible Units in New Construction

In Texas, most new apartment complexes with four or more units built after March 13, 1991, must comply with accessibility rules from the Fair Housing Act and state guidelines. These rules are designed to ensure that people with disabilities have equal access to housing and can request reasonable accommodations from landlords.

Key Features of Accessible Units

• Accessible building entrances on accessible routes
• Accessible public and common use areas
• Usable doors within the dwelling units
• Accessible routes into and through the unit
• Reinforced walls in bathrooms for grab bars
• Accessible kitchens and bathrooms

These requirements apply to most new construction, whether it’s a rental apartment or a condominium.

Your Rights as a Renter

Under Texas law and the federal Fair Housing Act, landlords cannot refuse to rent to someone because of a disability. They are also required to allow tenants to make reasonable accommodations or modifications at their own expense. Sometimes, if federal funding is involved or certain tax credits are used, property owners may be obligated to pay for accessibility modifications.

Reasonable Accommodation and Modification

• Accommodation: A change in rules, policies, or services, such as allowing a service animal.
• Modification: Physical changes to your unit, like installing a ramp or wider doors. Renters may need to restore changes unless the modification is necessary for accessibility.

Texas-Specific Rules and Official Forms

Texas enforces federal accessibility guidelines through the Texas Department of Housing and Community Affairs (TDHCA). If you encounter accessibility barriers, you can file a complaint with TDHCA or HUD.

• Reasonable Accommodation/Modification Request Form (no state form number; varies by property)
  • When to use: Submit when you need a policy change (like an assigned parking space) or a physical modification (such as a lowered countertop).
  • How to use: Ask your property manager for their official request form, or refer to TDHCA reasonable accommodation forms. Fill out and return as directed.
• Texas Fair Housing Complaint Form
  • When to use: If your landlord refuses to provide accessible features or denies your reasonable accommodation.
  • How to use: Complete the form found on the TDHCA Fair Housing Complaint portal and submit it online, by mail, or email.
• HUD Housing Discrimination Complaint Form 903
  • When to use: To report disability discrimination or accessible housing issues under the Fair Housing Act.
  • How to use: Download from HUD's complaint page, fill out, and submit online, by mail, or fax.

Files and instructions are always available directly from TDHCA's fair housing resources.

Official Tribunal for Tenancy Disputes in Texas

Residential tenancy disputes, including accessibility complaints, are typically handled by Texas Justice of the Peace Courts. Fair housing complaints can also be addressed by TDHCA and HUD.

Filing a Fair Housing Complaint: Steps for Renters

If you believe your rights for an accessible unit have been violated, you can take the following actions:

• Request a reasonable accommodation from your landlord in writing (using their property form or TDHCA sample)
• Escalate to the Texas Department of Housing and Community Affairs if no response or a denial occurs
• File a federal complaint with HUD if state-level resolution does not work

Always keep documentation of your requests and any responses you receive.

FAQ: Texas Accessible Unit Requirements & Renter Rights

1. What properties in Texas must provide accessible units?
   Most new multifamily buildings with four or more units built after March 13, 1991, must comply with accessibility standards.
2. How can I request a reasonable accommodation or modification?
   Submit a written request to your landlord or property manager using their form or a template from TDHCA’s website. Retain a copy for your records.
3. What if my landlord denies my accommodation request?
   You can file a complaint with the Texas Department of Housing and Community Affairs or with HUD if necessary.
4. Is my landlord required to pay for modifications?
   In most cases, renters pay for physical modifications, unless the property receives federal funding or tax credits that require the owner to cover costs.
5. Where can I learn about my rights as a renter with disabilities in Texas?
   See the Texas Property Code, Chapter 301 - Texas Fair Housing Act for state-specific protections.

Conclusion: What Texas Renters Should Know

• Accessible housing standards in new Texas construction are enforced under state and federal law
• Renters can request accommodations or file complaints if accessibility needs are unmet
• Resources are available through TDHCA, HUD, and local courts for additional support

Staying proactive and informed helps Texas renters with disabilities secure the accessible housing they need.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs – Fair Housing: Official state resource for accessibility rights, forms, and complaints
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing: Federal protections and complaint process
• Texas Justice of the Peace Courts: Tribunal for rental disputes, including accessibility
• Texas Property Code, Chapter 301 – Texas Fair Housing Act: Full legislation text on Texas housing rights
• TDHCA Accommodation & Complaint Forms: Downloadable forms and instructions

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1. Texas Property Code, Chapter 301 – Texas Fair Housing Act
2. Fair Housing Act Accessibility Requirements (HUD)
3. TDHCA Fair Housing Division
4. Texas Justice of the Peace Courts
5. TDHCA Fair Housing Complaint Procedures
6. HUD Complaint Process

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