A reasonable accommodation is a change to a rule, policy, practice or service that a person with a disability needs to use and enjoy the dwelling, and refusing one is discrimination under both the federal Act and Texas Property Code §301.025(c)(2). The HUD/DOJ Joint Statement sets the method: a request may be oral or written and need not use the words “reasonable accommodation”; the provider may ask for reliable information about the disability and the disability-related need only when neither is obvious; the request may be refused only if it would impose “an undue financial and administrative burden,” “fundamentally alter the nature of the provider’s operations,” or if the individual poses a direct threat shown by “reliable objective evidence”; and the provider should respond promptly, because an undue delay “may be deemed to be a failure to provide a reasonable accommodation.”
The workflow
| Step | Action | Joint Statement point |
|---|---|---|
| 1. Recognise | Any request to change a rule because of a disability — a reserved parking space, a rent due date after a benefits payment, a live-in aide, an animal — is a request | Q. 12: no particular form of words |
| 2. Record | Note the date, the request and who received it; invite the person to put it in writing without requiring it | Q. 13 |
| 3. Verify only if needed | If disability and need are not apparent, ask for reliable documentation of both — from a doctor, other medical professional, peer support group, non-medical service agency or another reliable third party; never diagnosis details | Q. 17–18 |
| 4. Assess | Is the accommodation necessary for equal use and enjoyment? Would it be an undue burden or a fundamental alteration? If so, discuss an alternative that meets the need | Q. 7, 9 |
| 5. Decide and respond | In writing, promptly; grant, grant an alternative, or deny with the reason | Q. 15 |
| 6. Implement and file | Make the change; keep the file separate from the tenant’s general file | — |
Who pays
The provider bears the cost of an accommodation — a policy change usually costs nothing — while a physical modification to the premises is generally at the tenant’s expense under §301.025(c)(1), subject to the rules in the accessibility guide. Fees, deposits or extra rent may not be charged for an accommodation.
Mistakes to avoid
- Requiring a specific form, a doctor’s letter when the need is obvious, or details of the diagnosis.
- Treating the request as a pet or lease breach while it is pending.
- Delaying: weeks without an answer is a denial in law.
- Applying a blanket rule — “we never allow …” — instead of an individual assessment.
Frequently asked questions
Must a reasonable accommodation request be in writing?
No. It may be made orally, by the person or someone on their behalf, and need not use the words “reasonable accommodation”; the provider may ask for it in writing but cannot refuse to consider an oral request (HUD/DOJ Joint Statement).
When may a landlord ask for documentation?
Only when the disability or the disability-related need is not obvious or known; the information may come from a doctor, another medical professional, a peer support group, a non-medical service agency or another reliable third party (HUD/DOJ Joint Statement).
On what grounds can a request be refused?
Undue financial and administrative burden, fundamental alteration of the provider’s operations, or a direct threat shown by reliable objective evidence — assessed individually, with alternatives considered (HUD/DOJ Joint Statement, Property Code §301.025).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- HUD/DOJ Joint Statement — Reasonable accommodations under the Fair Housing Act (May 17, 2004) ↗
- Texas Property Code, Chapter 301 — Texas Fair Housing Act ↗
- HUD — Fair Housing Act overview ↗
- Texas State Law Library — Housing discrimination ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.