Renter's Rights for Caregivers in Texas

People with disabilities who require the assistance of a live-in caregiver are entitled to have their caregivers reside with them. This right is guaranteed by the ADA and the Texas and Federal Fair Housing Acts.

Americans with Disabilities Act

The ADA and the Fair Housing Acts require landlords provide "reasonable accommodations" for disabled tenants. This requirement has been cited as requiring that caregivers be allowed to reside with a disabled tenant even though the caregiver is not on a lease agreement.

Texas Fair Housing Act

Section 301.025(a) of the Texas Property Code (referred to as the Texas Fair Housing Act) prohibits discrimination against disabled tenants. Subsection (c) establishes that discrimination exists when a tenant is denied the equal opportunity to "use and enjoy a dwelling." Generally, although the landlord can require proof of the existence of a bona fide disability, the landlord usually cannot justify the denial of a live-in caregiver to reside with a disabled tenant on the basis of increased costs or administrative burdens.

Federal Fair Housing Act

The federal Fair Housing Act (42 U.S.C. §§ 3601, et seq.) applies to tenancies in dwellings consisting of more than four units. Tenancies in which a real estate or tenant broker represents the prospective tenant or landlord are also subject to the Fair Housing Act. The Texas Fair Housing Act applies to all lease and prospective lease agreements.

References

• Department of Housing and Urban Development (HUD): Basic Facts About the Fair Housing Act
• REI Club: Reasonable Accomodation for Caregivers
• Texas Fair Housing Act: Section 301.025