Who Is Responsible for Paying for Accessibility Modifications in Texas Rentals?

Living in Texas and need to make your rental accessible due to a disability? Understanding who pays for accessibility modifications is essential. This guide breaks down Texas renters' rights, legal obligations for landlords, and the steps you can take to request needed changes without confusion.

Understanding Accessibility Modifications in Texas Rentals

Accessibility modifications are physical changes to your rental unit (like adding grab bars or ramps) to make it usable for people with disabilities. Both Texas and federal law protect your right to ask for reasonable accommodations or modifications if you have a disability.

Your Rights Under Federal and Texas Law

• The federal Fair Housing Act (FHA) requires most landlords to allow tenants with disabilities to make reasonable modifications at their own expense if necessary for full enjoyment of the property.
• The Texas Fair Housing Act provides similar protections for Texas renters living with a disability.

Reasonable modifications may include:

• Installing a wheelchair ramp at the entrance
• Lowering countertops for wheelchair use
• Adding grab bars in bathrooms

Who Pays for Modifications?

The party responsible for payment generally depends on the type of modification and the law that applies:

• For most private rentals, the renter usually pays for the accessibility modification. However, the landlord cannot deny your right to make reasonable changes as long as you return the unit to its original condition upon move-out if requested.
• For public or subsidized housing (funded by HUD), the landlord must typically absorb the cost of modifications unless doing so would be an undue financial burden or fundamentally alter the housing program.^[1][2]

Landlords are allowed to require plans or assurances before approving work, and they may ask for restoration at move-out. All communications about modifications should be in writing.

How to Request an Accessibility Modification in Texas

You should make your request in writing and include all relevant information about your needs and the proposed modification.

Official Form: Reasonable Accommodation/Modification Request

• Form Name: "Reasonable Accommodation/Modification Request" (no standardized statewide number; each Public Housing Authority [PHA] may have a version)
• Usage: Use this form when you need your landlord's written permission to make or request an accessibility modification. For example, if you want to install grab bars, you should submit this request with supporting documentation if needed.
• Where to Find: Your local Public Housing Authority (PHA) offers forms and resources. For a sample, see the HUD Joint Statement appendix.

Steps to Request a Modification

• Write a request explaining your disability-related need and describing the change you wish to make.
• If asked, provide documentation of your disability (but not your diagnosis).
• Submit the request to your landlord or property manager; keep a copy for your records.

It's best to make your request in writing and keep a record of all communications. If you are denied, ask for a written explanation.

Relevant Texas Agencies and Tribunals

• Residential tenancy disputes, including disability accommodation issues, can be brought before the Texas Department of Housing and Community Affairs (TDHCA) Fair Housing Office or in some cases to federal agencies such as HUD.
• For legal disputes about modifications or discrimination, small claims matters may be filed in your local Texas Justice of the Peace court. See the Texas Justice Courts directory.

The TDHCA Fair Housing Office is the main state body handling tenant-landlord accessibility disputes in Texas, and their site provides info on filing complaints and tenant rights.

Texas Rental Laws

• Texas Property Code, Chapter 92 — Residential Tenancies
• Texas Fair Housing Act

These laws protect your right to request modifications and explain landlord responsibilities.

FAQ: Accessibility Modifications in Texas Rentals

1. Who pays for accessibility modifications in Texas private rentals?
   In most private rentals, the tenant is responsible for paying unless the property receives government funding requiring the landlord to pay.
2. Can my landlord refuse my request for a reasonable modification?
   Landlords can only refuse modifications that would cause significant structural changes or safety concerns, or if you can't cover restoration costs upon move-out. Otherwise, refusal may violate fair housing laws.
3. Is my landlord required to restore the property after I move out?
   Landlords may require you to return the property to its original state at your expense when you leave, if reasonable.
4. How do I prove my need for a modification?
   You may be asked for documentation proving your disability-related need but not your specific diagnosis. A note from a medical provider usually suffices.
5. What if I'm denied a necessary modification?
   You can file a fair housing complaint with the TDHCA Fair Housing Office or the federal HUD Office of Fair Housing and Equal Opportunity.

Conclusion: Key Takeaways

• Texas renters with disabilities have the right to request accessibility modifications, but payment responsibility usually falls on the tenant in private rentals.
• Requests should be made in writing, and official complaint channels are available if denied unfairly.
• The Texas Department of Housing and Community Affairs is the primary agency for tenant-landlord accessibility issues.

Understanding your rights and following the steps above helps ensure fair and legal treatment under Texas and federal housing laws.

Need Help? Resources for Renters

• TDHCA Fair Housing Office – File fair housing or accessibility complaints.
• HUD Office of Fair Housing and Equal Opportunity – Federal resource for discrimination or accommodation issues.
• Texas Health and Human Services – Disability Services – Information on disability advocacy and support.
• Disability Rights Texas – Free legal help for people with disabilities in Texas.
• Check your local Public Housing Authority (PHA) for local forms and help.

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1. [1] See HUD Guidance on Reasonable Modifications
2. [2] Texas Fair Housing Act: statutes.capitol.texas.gov/PR.301.htm

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