ADA vs. FHA: Understanding Accessibility Rights for Texas Renters

Understanding your rights when it comes to accessibility accommodations can be overwhelming. In Texas, both the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) provide important—yet different—protections for renters with disabilities. This article explains these standards in plain language, what they mean for you if you're renting in Texas, and how to request accommodations using the right forms.

Key Differences Between ADA and FHA for Texas Renters

While both acts increase accessibility for people with disabilities, there are important distinctions:

• ADA (Americans with Disabilities Act) applies to public spaces, government facilities, and common areas in certain multifamily housing but not to individual dwellings in most apartment complexes.
• FHA (Fair Housing Act) requires landlords to make reasonable accommodations for renters with disabilities in most private and public housing, including apartments and homes.

In Texas, if you need a modification (for example, a grab bar in the bathroom or a wheelchair ramp), the FHA is usually the law that protects your rights inside your individual rental home or apartment.

What Accessibility Protections Do Texas Renters Have?

If you have a disability and rent a home or apartment, you have specific rights under the FHA. Texas landlords must:

• Consider and, where reasonable, approve requests for accommodations, like service animals in a "no pets" building or parking closer to your door
• Allow renters to make reasonable modifications to their units (you may be responsible for costs, but some programs can help)
• Not discriminate against you because of your disability

The ADA may also apply to shared spaces in your building, like leasing offices, lobbies, gyms, or laundry rooms, requiring them to be accessible for people with disabilities.^1,2

How to Request an Accessibility Accommodation in Texas

To request a reasonable accommodation or modification, you should make your request in writing. While there is no single nationwide form, some agencies offer templates or recommended formats.

Forms for Texas Renters

• TWC Reasonable Accommodation or Modification Form (No official form number): Provided by the Texas Workforce Commission Civil Rights Division. Use this form if you want to request an accommodation, such as an assistance animal or a change in the rules or physical features of your unit.
• HUD Form 903-1, Housing Discrimination Complaint: If your landlord refuses your request or discriminates against you, file this form with the U.S. Department of Housing and Urban Development. Submit a fair housing complaint online or download the form at HUD Form 903-1 official PDF.

Example: If your landlord denies a grab bar installation, submit your written accommodation request to your landlord using the TWC form, and if denied, file HUD Form 903-1 to start a complaint.

Who Handles Accessibility Disputes in Texas?

The Texas Workforce Commission Civil Rights Division (TWC CRD) manages most residential accessibility complaints for Texas renters. Federal complaints are handled by HUD. These agencies enforce your rights and can order a landlord to comply with the law, if appropriate.

Relevant Texas Legislation

• Texas Property Code, Title 8 – Landlord and Tenant
• Federal Fair Housing Act (FHA)
• Americans with Disabilities Act (ADA) Overview

FAQ: Accessibility Standards for Texas Renters

1. What accommodations can I ask for as a renter with a disability?
   Common requests in Texas include assistance animals, accessible parking, grab bars, ramps, or other reasonable changes needed due to your disability.
2. Who pays for accessibility modifications in Texas rental housing?
   You can usually make reasonable modifications at your own expense, unless the housing is federally funded or covered by special programs. Your landlord can't refuse reasonable changes, but may require them to be restored when you move out.
3. How long does my landlord have to respond to my accommodation request?
   Texas law doesn't specify a precise deadline, but the response should be "prompt" and not cause unnecessary delays according to TWC guidance.
4. Can a landlord ask for medical proof of my disability?
   Yes, but only to verify the need for accommodation—not your diagnosis or detailed medical records. The information requested must be limited and relevant only to your need for accommodation.
5. What should I do if my accommodation request is denied in Texas?
   First, try to talk with your landlord. If denied again, you can file a discrimination complaint with TWC or HUD using the forms linked above.

Conclusion: Key Takeaways for Texas Renters

• The ADA mainly covers public/common areas, while the FHA protects your right to request reasonable accommodations inside your rental housing.
• If you need an accessibility change, always submit your request in writing, keep documentation, and know your complaint options if denied.
• Texas has official agencies and forms to help ensure your rights are respected—don't hesitate to reach out if you need help.

Empowering yourself with knowledge about these protections ensures fair treatment and greater independence at home.

Need Help? Resources for Renters

• Texas Workforce Commission Civil Rights Division: Fair Housing Rights — File a complaint, access forms, and read Texas-specific tenant guidance.
• HUD Office of Fair Housing and Equal Opportunity — Federal complaints, resources, and forms.
• Texas Attorney General – Tenant Rights — General information on tenant protections in Texas.
• Texas Property Code, Title 8 — Full state landlord-tenant legislation.

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1. ADA and Housing (U.S. Department of Justice)
2. Fair Housing Act Overview (HUD)
3. Texas Property Code, Title 8 – Landlord and Tenant
4. Texas Workforce Commission Civil Rights Division – Fair Housing

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