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ADA & Reasonable Accommodation Rules in Texas 2026

Service animals, emotional-support animals, and reasonable accommodation duties under the federal Fair Housing Act and Tex. Prop. Code § 301 (Texas Fair Housing Act).

Tex. Prop. Code § 301 (Texas Fair Housing Act) Texas fair-housing statute
Yes Service-animal misrepresentation statute
$25,597 Federal FHA first-offense max civil penalty (24 C.F.R. § 180.671)
2 questions HUD-permitted landlord inquiries on ESA
Federal baseline (uniform in Texas as in every state): The Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B), requires Texas landlords to make reasonable accommodations in rules, policies, practices, and services when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. HUD FHEO Notice 2020-01 controls assistance-animal requests; pet deposits/fees are prohibited for assistance animals; landlords may not require breed/size limits or "registration."

Texas gives disabled renters the same protections as federal law, no more and no less. The Texas Fair Housing Act (Property Code Chapter 301) tracks the federal Fair Housing Act, and Section 301.025 is written so its duties and remedies stay the same as the federal fair housing regulations it mirrors. There is no separate Texas rule that raises the bar above the federal baseline, so if you already run a compliant program under the FHA, you are compliant in Texas.

Two distinct duties sit inside that statute, and they split differently on cost. A reasonable accommodation is a change to your rules, policies, or services; you generally pay for it. A reasonable modification is a physical change to the unit or building; in ordinary private housing the tenant pays for it. Confusing the two is the most common way Texas landlords end up in front of the Texas Workforce Commission Civil Rights Division.

What Texas Law Adds

Mirrors federal FHA; SB 267 (2015) bars source-of-income discrimination ordinances at the local level (state preemption).

Accommodation vs. modification: the cost split

Section 301.025(c)(2) prohibits refusing a reasonable accommodation in rules, policies, practices, or services when it is necessary to give a disabled person equal use and enjoyment of a dwelling. Because these are policy changes, the housing provider bears the cost. Waiving a no-pet rule for an assistance animal, assigning a reserved accessible parking space, or letting a tenant mail rent instead of paying in person at the office are accommodations you absorb.

Section 301.025(c)(1) prohibits refusing to permit, at the expense of the person having a disability, a reasonable modification of the premises. Ramps, grab bars, widened doorways, and lowered counters are modifications, and in ordinary private housing the tenant funds them. The one major exception is federally funded or subsidized housing: under Section 504 of the Rehabilitation Act of 1973, providers who receive federal funds must pay for reasonable modifications themselves. If any of your Texas units carry federal subsidy, do not push modification costs onto the tenant.

The interactive process and disability verification

When a tenant asks for a change tied to a disability, Texas expects a good-faith back-and-forth rather than a flat yes or no. If both the disability and the disability-related need are obvious or already known to you, you may not demand documentation. When they are not obvious, you may request reliable information verifying the disability and the disability-related need for the requested change, but nothing more; asking for a specific diagnosis or medical records goes too far.

Respond promptly. An unreasonable delay is treated as a constructive denial. If the exact request is not workable, the statute pushes you toward an interactive dialogue to find an alternative that meets the tenant's need, not toward ending the conversation. Document every request, every response, and the reasoning behind any denial, because in a TWCCRD or HUD complaint the paper trail is what protects you.

Restoration and escrow when a tenant modifies the unit

You cannot charge an extra security deposit, raise the normal deposit, or make the tenant buy insurance as a condition of allowing a modification. What you can do is protect the unit's future rentability. You may require that the work be done in a workmanlike manner and that any required building permits are pulled first.

Under the HUD/DOJ guidance that implements the federal standard Texas adopts, you may condition permission on the tenant restoring the interior to its original condition at the end of the tenancy, ordinary wear and tear excepted. Modifications that do not interfere with the next tenant's use, such as an exterior ramp or a widened doorway, generally do not have to be restored. Where restoration is reasonable, you may require the tenant to pay into an interest-bearing escrow account over the term to fund it; the interest belongs to the tenant, and the amount must be reasonable in light of the nature of the modification, the expected length of the lease, and the tenant's credit and tenancy history.

Assistance animals are not pets

The most frequent accommodation request Texas landlords receive is for an assistance animal, whether a trained service animal or an emotional support animal. Both are treated as reasonable accommodations, not pets. That means a no-pet policy does not apply, and you may not charge a pet deposit, pet rent, or a pet fee for an approved assistance animal. Breed and weight restrictions aimed at pets also fall away.

You keep two protections. The tenant remains fully liable for any actual damage the animal causes, which you can pursue like any other tenant-caused damage. And if a specific animal poses a direct threat to the health or safety of others, or would cause substantial physical damage, that cannot be reduced by another accommodation, you may deny that particular animal, based on its actual conduct, not on its breed or your assumptions.

When you can lawfully deny a request

The duty to accommodate is broad but not unlimited. A Texas landlord may deny a request when there is no nexus between the disability and the change requested, when granting it would impose an undue financial and administrative burden, when it would fundamentally alter the nature of your operation, or when the tenant would be a direct threat to others or to property that no accommodation can mitigate.

These are fact-specific judgments, not blanket rules, so denials should rest on the individual request rather than a policy of saying no. Coverage is also nearly universal: while Section 301.045 exempts a few situations such as owner-occupied buildings of four or fewer units and certain broker-free single-family rentals, the disability provisions of the Act reach essentially all ordinary Texas landlords. Enforcement runs through the Texas Workforce Commission Civil Rights Division at the state level and HUD federally, and both can award damages and civil penalties, so treat a facially valid request seriously before refusing it.

Texas Service-Animal Misrepresentation Statute

Tex. Hum. Res. Code § 121.006: Misrepresenting entitlement to an assistance animal: misdemeanor; offender required to perform 30 hours of community service for an organization serving persons with disabilities.

This statute is generally enforced in public-accommodation contexts (restaurants, retail) rather than as part of a landlord-tenant dispute. For housing, the practical landlord defense against a fraudulent ESA claim is to require reliable documentation from a healthcare professional with a therapeutic relationship to the tenant, not to attempt criminal enforcement.

The Cost of Mishandling a Reasonable-Accommodation Request

Federal civil penalty (uniform in all states): Up to $25,597 for a first-offense FHA violation under 24 C.F.R. § 180.671 (HUD inflation-adjusted), with substantially higher amounts for repeat offenders. HUD-conciliated settlements routinely include actual damages, attorney's fees, and required policy changes.

The most common mistake in Texas reasonable-accommodation cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more than HUD permits, or imposes a pet fee on an assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied.

Reasonable Modification, Often Confused With Accommodation

Reasonable modification (42 U.S.C. § 3604(f)(3)(A)) is a structural change, a grab bar, a ramp, lowered cabinets. The tenant pays. The landlord must permit the modification and may require restoration to original condition at move-out (except for changes that would not significantly affect re-rental). Reasonable accommodation is a change to a rule or policy. The landlord pays no out-of-pocket cost; the cost is administrative. Texas follows the federal rule.

City-Level Eviction Risk in Texas

Reasonable-accommodation litigation rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:

Sources & Methodology

Related Guides for Texas Landlords

This page summarizes the Texas Fair Housing Act (Texas Property Code Chapter 301), specifically the disability provisions in Section 301.025, and the federal Fair Housing Act standard it mirrors, together with HUD/DOJ joint guidance on reasonable modifications and accommodations. Texas fair housing complaints are handled by the Texas Workforce Commission Civil Rights Division and, federally, by HUD. It is general information for landlords, not legal advice; consult a Texas attorney or the TWC Civil Rights Division for a specific situation, as statutes and guidance change.

Frequently Asked Questions

Does Texas have stronger disability accommodation rules than federal law?

No. The Texas Fair Housing Act, Property Code Chapter 301, is written to stay substantially equivalent to the federal Fair Housing Act, and Section 301.025's duties and remedies mirror the federal fair housing regulations. Compliant FHA practice equals compliant Texas practice; there is no higher Texas standard to meet.

Who pays for a wheelchair ramp or grab bars in a Texas rental?

In ordinary private housing, the tenant pays. Section 301.025(c)(1) requires the landlord to permit a reasonable modification 'at the expense of the person having a disability.' The exception is federally subsidized housing, where Section 504 of the Rehabilitation Act requires the provider to pay for reasonable modifications.

Can I charge a pet deposit for an emotional support animal in Texas?

No. An assistance animal, including an emotional support animal, is a reasonable accommodation rather than a pet, so no-pet policies, pet deposits, pet rent, and breed or weight limits do not apply. The tenant is still liable for any actual damage the animal causes.

Can I require a Texas tenant to restore modifications when they move out?

Yes for interior changes. Under the HUD/DOJ guidance Texas follows, you may condition permission on the tenant restoring the interior to its original condition, ordinary wear and tear excepted. Exterior or common-area changes such as a ramp generally do not have to be restored.

Can I make the tenant fund the future restoration up front?

You cannot charge an extra deposit or require insurance, but where restoration is reasonable you may require payments into an interest-bearing escrow account over the lease term. The interest belongs to the tenant, and the amount must be reasonable given the modification, expected lease length, and the tenant's credit and tenancy history.

When can a Texas landlord legally deny an accommodation request?

You may deny when there is no connection between the disability and the request, when it imposes an undue financial and administrative burden, when it would fundamentally alter your operations, or when the tenant poses a direct threat that no accommodation can mitigate. Base the decision on the specific request and document your reasoning.

What documentation can I ask for to verify a disability?

Only when the disability and the disability-related need are not obvious or already known to you. In that case you may request reliable information verifying the disability and the need for the requested change. You may not demand a specific diagnosis or medical records.

Federal authority: 42 U.S.C. § 3604(f); 28 C.F.R. § 36.302; HUD FHEO Notice 2020-01. State authority: Tex. Prop. Code § 301 (Texas Fair Housing Act); Tex. Hum. Res. Code § 121.006. Last updated October 23, 2026. For informational purposes only, not legal advice. Reasonable-accommodation determinations are highly fact-specific; consult a licensed Texas attorney before denying any request.