Federal vs. Texas Standards: What Applies to Your Property?
Texas multifamily properties are governed by two overlapping frameworks: the federal Americans with Disabilities Act (ADA) and the Texas Accessibility Standards (TAS), administered by the Texas Department of Licensing and Regulation (TDLR). In most cases, TAS is at least as stringent as ADA — and in some areas, stricter.
Key rule: Any renovation project costing 20% or more of the assessed value of the structure triggers full TAS compliance review for the renovated areas. This surprises many property owners who assume only new construction requires compliance work.
What Units Must Be Accessible?
For properties built after 1991 (the FHA Amendments Act effective date), a percentage of ground-floor and elevator-accessible units must meet Fair Housing Act accessibility requirements. This is a different — and often lower — standard than full ADA accessibility:
- All units on accessible routes must have accessible entry doors (32" clear width minimum)
- Light switches, outlets, and thermostats must be in accessible positions
- Reinforced bathroom walls for future grab bar installation
- Kitchens and bathrooms must allow a 5-foot turning radius for wheelchair users
For fully ADA-compliant accessible units (Type A and Type B units under TAS), the standards are considerably more detailed, including specific grab bar placement, roll-under clearances, and shower specifications.
Common Violations Found in Houston Apartment Properties
Based on TDLR inspection reports and our own assessment work, the most common violations in existing Houston multifamily properties are:
- Non-compliant parking — insufficient accessible spaces, incorrect signage, slopes exceeding 2%
- Path of travel issues — sidewalk cross-slopes, curb cuts missing or incorrect
- Leasing office entry — doors requiring excessive force to open, no accessible route from parking
- Pool and amenity access — pool lifts required for all accessible pools built after 2012
- Bathroom grab bar blocking — walls not reinforced in accessible units, preventing later installation
The Renovation Trigger Threshold
Texas defines a "substantial improvement" that triggers full accessibility review as any renovation whose cost exceeds 20% of the assessed value of the existing structure (not the land). For a $2 million building, that's $400,000 in renovation work. Larger portfolio renovations should be structured carefully to manage this threshold — which is a legitimate consideration, not a compliance evasion.
Transition Plans: A Proactive Approach
Rather than scrambling when a complaint is filed or an inspection triggered, forward-thinking property owners commission ADA/TAS transition plans — comprehensive assessments that identify all barriers, prioritize them by severity and cost, and create a roadmap for phased compliance over 3–5 years.
Tell Projects works with certified TAS Registered Accessibility Specialists (RAS) to develop these plans and execute the physical remediation work.
Costs and Timeline
ADA/TAS retrofit costs vary widely based on the severity of existing barriers. Common project ranges in the Houston market:
- Accessible parking lot upgrades: $8,000–$35,000
- Leasing office accessibility: $5,000–$20,000
- Pool lift installation: $4,000–$12,000
- Path of travel correction (sidewalks, ramps): $15,000–$60,000
- Full accessible unit retrofit (Type B → Type A): $12,000–$28,000 per unit
Get a Free Accessibility Assessment
Tell Projects offers property accessibility assessments to help Houston multifamily owners understand their current compliance status and plan remediation work. Contact us at (832) 591-7991.