SECTION 819.133. Discrimination in Refusing Reasonable Modifications of Existing Premises

(a) It is unlawful for a person to refuse to allow, at the expense of an individual with a disability, reasonable modifications of existing premises, occupied or to be occupied by an individual with a disability, if the proposed modifications may be necessary to afford the individual with a disability full enjoyment of the premises of a dwelling. In the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase a customarily required security deposit for individuals with disabilities. However, where it is necessary to ensure with reasonable certainty that funds are available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.

(b) As a condition for granting a renter permission for a modification, a landlord may require a reasonable description of the proposed modifications, reasonable assurances that the work will be done in a workmanlike manner, and assurances that required building permits will be obtained.

Source Note: The provisions of this §819.133 adopted to be effective September 27, 2005, 30 TexReg 6065