DISCRIMINATION BASED ON DISABILITY PROHIBITED.
Austin City Code § 5-1-55
in effect§ 5-1-55 - DISCRIMINATION BASED ON DISABILITY PROHIBITED.
(A) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter based on disability of:
(1) that buyer or renter;
(2) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
(3) a person associated with that buyer or renter.
(B) A person may not discriminate against a buyer or renter in the terms, conditions, or privileges of the sale or rental of a dwelling or in providing services or facilities in connection with the dwelling based on disability of:
(1) that buyer or renter;
(2) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
(3) a person associated with that person.
(C) For purposes of this section only, discrimination includes:
(1) A refusal by an owner or landlord to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises of a dwelling, provided that, in the case of a rental, a landlord may reasonably condition permission for modifications upon the renter's agreement to restore the interior of the premises to its premodification condition, reasonable wear and tear excepted, and reasonably condition the permission on the renter providing a reasonable description of the proposed modifications and reasonable assurances that all work will be done in a workmanlike manner and that all required permits will be obtained.
(2) A landlord may not increase for a person with a disability a customarily required security deposit, except that, to ensure available funds for restorations, if any, a landlord may negotiate an agreement that the renter deposit into an interest bearing escrow account, over a reasonable period, a reasonable amount not to exceed the cost of restorations. All interest shall accrue to the renter's benefit.
(3) A refusal by an owner or landlord to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling, including public and common use areas.
(4) In connection with the design and construction of covered multifamily dwellings for first occupancy after September 13, 1991, a failure by the owner to design and construct those dwellings in a manner that:
(a) the dwellings have at least one building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site;
(b) the public use and common use portions of the dwellings are readily accessible and usable by persons with a disability;
(c) all the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by an individual in a wheelchair; and
(d) all premises within the dwellings contain the following features of adaptive design:
(i) an accessible route into and through the dwelling;
(ii) light switches, electrical outlets, thermostats, and other environmental control in accessible locations;
(iii) reinforcements in bathroom walls to allow later installation of grab bars; and
(iv) usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
(5) Making any inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling or any person associated with that person, has a disability or to determine the nature or severity of the disability, except that the following inquiries may be made if these inquiries are made of all applicants, regardless of disability:
(a) inquiry into an applicant's ability to meet the requirements of ownership or tenancy;
(b) inquiry to determine whether an applicant is qualified for a dwelling available only to a person with a disability or to a person with a particular type of disability;
(c) inquiry to determine whether an applicant for a dwelling is qualified for a priority available to a person with a disability or to a person with a particular type of disability;
(d) inquiring whether an applicant for a dwelling is a current illegal user or addict of a controlled substance; and
(e) inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
(D) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for persons with physical disabilities, commonly cited as "ANSI A 117.1," suffices to satisfy the requirements of Subsection (C)(4)(c).
(E) In this section, the term "covered multifamily dwelling" means:
(1) buildings consisting of four or more units if the buildings have one or more elevators; and
(2) ground floor units in other buildings consisting of four or more units.
(F) Nothing in this section requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of others or whose tenancy would result in substantial physical damage to the property of others.
Source: 1992 Code Section 7-1-54; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT5CIRI_CH5-1HODI_ART2DIHOAIHOACCO_DIV3PRAGDI_S5-1-55DIBADIPRFetched: 10/27/2026