Can Texas Landlords Ask for Medical Proof of Disability Needs?

Renters living with disabilities in Texas have important protections when asking for accommodations, such as special parking, service animals, or modified apartment features. If you're requesting a change due to a disability, you may wonder whether your landlord can require you to show medical proof of your need. This article explains the rules, relevant forms, and your rights under Texas and federal law.

Understanding Disability Accommodation Rights in Texas

Both Texas state law and the federal Fair Housing Act protect renters with disabilities. Landlords must make reasonable accommodations to policies, procedures, or units—unless doing so would impose an undue financial or administrative burden, or fundamentally alter their housing business.

When Can a Landlord Ask for Medical Proof?

Landlords in Texas are allowed to request limited verification if your disability or need for an accommodation is not obvious. However, they cannot ask for your specific diagnosis or extensive private records. Instead, they may:

• Request written confirmation that you have a disability (as defined by law), and
• Confirm that your requested accommodation is necessary due to that disability.

This documentation can come from a doctor, medical provider, therapist, or other qualified professional.

What Kind of Proof Is Appropriate?

If your need for an accommodation is clear (for example, using a wheelchair), landlords should not require proof. If your disability or required accommodation is not readily apparent, landlords can request a brief letter from a medical or social services professional. This letter should only confirm:

• You have a disability covered by fair housing laws (no need to name or describe it), and
• The accommodation requested is related to your disability.

Landlords cannot force renters to use a specific form or sign a medical records release. For details, visit the HUD Reasonable Accommodations overview.

Important Forms for Accommodation Requests in Texas

• Reasonable Accommodation Request (No State-Issued Standard Form)
  • Texas does not issue a specific state-wide form for requesting accommodations. However, the Joint Statement of the Department of Housing and Urban Development and the Department of Justice provides guidance and sample language.
  • How to use: Write a dated letter to your landlord stating (1) you have a disability as defined by law, and (2) explain the modification or accommodation you need. You may attach a brief note from your medical provider if requested.
• Fair Housing Complaints (HUD Form 903.1)
  • If your landlord denies your request or asks for excessive medical documentation, you can submit a complaint to HUD using Form 903.1.
  • Example: If a landlord rejects a support animal because you decline to disclose your diagnosis, you may use this form to file a complaint.

Where to Turn for Disputes

In Texas, residential tenancy matters, including fair housing complaints, are overseen by the Texas Department of Housing and Community Affairs (TDHCA), as well as the federal U.S. Department of Housing and Urban Development (HUD).

Tenants can also consult the Texas Housing Resource Center for helpful guides on disability accommodations.

Your Rights and Responsibilities

According to the Texas Property Code – Chapter 301: Texas Fair Housing Act, and the federal Fair Housing Act:

• Landlords cannot discriminate against renters with disabilities.
• Landlords may ask for limited verification only if your need is not obvious.
• You do not need to disclose your diagnosis or detailed medical records.

FAQ: Disability Accommodation Proof in Texas Rentals

1. Can my Texas landlord request a specific form for my medical provider to fill out?
   No. Landlords can ask for a letter, but cannot require your provider to use a particular form or ask for a records release.
2. What if my landlord denies my request because I won't share my diagnosis?
   You can file a complaint with the Texas Department of Housing and Community Affairs or HUD. Your landlord is not allowed to ask for your specific diagnosis.
3. Who can provide the required medical documentation?
   A doctor, physician assistant, nurse, social worker, counselor, or other medical professional familiar with your disability can provide it.
4. Is there a fee to file a fair housing complaint in Texas?
   No. Filing a complaint with HUD or TDHCA is free.

Key Takeaways for Texas Renters

• Your landlord may request limited disability verification if the need is not obvious, but cannot demand your diagnosis or medical records.
• There is no required state form for disability accommodation requests—use a written letter and, if needed, a simple provider note.
• If you face difficulties or discrimination, you can file a fair housing complaint at no cost.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs Fair Housing Section: Official state fair housing guidance and complaint filing.
• HUD Fair Housing Complaint Process: Federal complaint guidance and filing forms.
• Texas Housing Resource Center: Tenant resources, brochures, and accessibility information.
• For legal advice, contact TexasLawHelp.org for free legal aid referrals.

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1. Texas Property Code – Chapter 301: Texas Fair Housing Act (Texas Legislature Online)
2. Fair Housing Act (U.S. Department of Justice)
3. Joint Statement of the Department of Housing and Urban Development and the Department of Justice
4. Form 903.1 Fair Housing Discrimination Complaint (HUD)
5. Texas Department of Housing and Community Affairs – Fair Housing

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