Federal vs. Texas Standards: What Applies to Your Property?
Texas multifamily properties are governed by two overlapping accessibility frameworks: the federal Americans with Disabilities Act (ADA) and the Texas Accessibility Standards (TAS), administered by the Texas Department of Licensing and Regulation (TDLR). Understanding which standard applies — and when — is the first step toward managing compliance risk intelligently.
In most areas, TAS is at least as stringent as ADA and, in some cases, stricter. TDLR-registered Accessibility Specialists (RAS) are the licensed professionals authorized to certify TAS compliance in Texas. Any multifamily renovation project that requires a building permit and triggers the "substantial improvement" threshold must be reviewed and inspected by a RAS before a certificate of occupancy can be issued.
The critical rule that surprises most property owners: any renovation project costing 20% or more of the assessed value of the existing structure triggers full TAS compliance review for the renovated areas. This applies to existing buildings — not just new construction. A $500,000 renovation on a $2 million building (20% threshold) means the scope of accessibility remediation can expand significantly beyond what you originally planned.
What Units Must Be Accessible Under Federal Fair Housing?
The Fair Housing Amendments Act (FHAA), effective 1991, created design and construction requirements for multifamily properties with four or more units. For properties built after March 13, 1991, the requirements apply to all ground-floor units and all units in elevator buildings:
- Accessible entry doors with 32-inch minimum clear width on all units on accessible routes
- Accessible interior doors (32-inch clear width) throughout accessible units
- Accessible environmental controls — light switches, outlets, and thermostats at reachable heights
- Reinforced bathroom walls (blocking in walls) for future grab bar installation
- Kitchens and bathrooms configured to allow a 5-foot turning radius for wheelchair users
- Accessible routes into and through the dwelling
Note that Fair Housing accessibility requirements are a civil rights matter — complaints are filed with HUD and can result in costly settlements and mandatory retrofit programs. Unlike building code violations, there is no "grandfathering" protection: a property built after 1991 must comply regardless of age.
For fully ADA-compliant Type A and Type B accessible units under TAS, requirements are considerably more detailed and expensive to implement — including specific grab bar placement, roll-under clearances at sinks and countertops, and specialized shower specifications.
Common Violations Found During Houston Property Assessments
Based on TDLR inspection data and our direct assessment work across Houston multifamily properties, these are the most frequently cited violations in existing buildings:
- Non-compliant accessible parking — Insufficient number of accessible spaces (1 in 25 standard spaces), missing van-accessible spaces (1 in 6 accessible spaces must be van-accessible), incorrect slope (exceeding 2%), missing or incorrect signage
- Broken path of travel — Sidewalk cross-slopes exceeding 2%, missing or incorrect curb cuts, abrupt grade changes without ramps
- Inaccessible leasing office — Entry doors requiring more than 5 lbs of force to open, no accessible route from parking to leasing office entrance
- Non-compliant pool and amenity access — Pool lifts are required for all pools accessible to the public built after January 31, 2013; many Houston properties are not yet in compliance
- Missing bathroom blocking — Units that should have reinforced walls for grab bars lack the blocking, making future installation expensive
- Mailbox and package locker height — Operable parts must be within accessible reach range (15 to 48 inches above floor); many older mailbox clusters fail this requirement
Understanding the 20% Renovation Trigger
Texas defines a "substantial improvement" as any renovation whose total cost exceeds 20% of the assessed value of the existing structure — land value excluded. For a building assessed at $2.5 million, that threshold is $500,000. When a renovation crosses this line, all areas affected by the project must be brought into full TAS compliance, and the path of travel to the renovated area must also be addressed.
This threshold has significant practical implications for value-add investors executing large interior renovation programs. A phased approach — carefully sequenced renovation scopes across multiple budget years — can keep individual project costs below the trigger threshold. This is a legitimate capital planning strategy, not a compliance workaround, and should be discussed with your contractor and legal counsel before committing to a renovation scope.
It is important to understand that TDLR plan review and inspection fees are required for projects that meet the threshold. Budget an additional $3,000–$8,000 for TDLR-related compliance costs on mid-size renovation projects.
Commissioning a TAS Transition Plan
Forward-thinking property owners and portfolio managers commission ADA/TAS transition plans before any renovation or acquisition closes. A transition plan is a comprehensive accessibility assessment that identifies all existing barriers on the property, assigns severity ratings (critical, high, medium, low), provides cost estimates for each remediation item, and creates a phased implementation roadmap over 3–5 years.
The value of a transition plan is twofold: it gives you a defensible, documented good-faith effort at compliance (which matters significantly in HUD complaint proceedings), and it allows you to incorporate accessibility work into your renovation budget systematically rather than reactively.
Tell Projects partners with certified TAS Registered Accessibility Specialists to develop transition plans and execute the physical remediation work. Our team can assess your property and provide a clear picture of your current compliance exposure within two weeks. Learn more about our ADA compliance services or review our approach to full-property apartment renovation.
Typical Retrofit Costs in the Houston Market
ADA/TAS retrofit costs vary based on the severity of existing barriers and the building's configuration. Based on recent Houston project data:
- Accessible parking lot upgrades: $8,000–$35,000 (depends on number of spaces, existing striping, signage)
- Leasing office accessibility improvements: $5,000–$20,000 (door hardware, ramp, signage)
- Pool lift installation: $4,500–$14,000 (lift equipment, electrical, deck anchoring)
- Path of travel corrections (sidewalks, ramps, curb cuts): $15,000–$65,000
- Type B unit accessibility upgrades: $3,500–$9,000 per unit (grab bar blocking, door clearances, hardware)
- Full Type A accessible unit conversion: $15,000–$32,000 per unit
These costs are most manageable when incorporated into a broader renovation scope — accessibility work done in isolation often costs 20–30% more than work performed concurrently with kitchen, bath, or flooring renovation.
Take the Next Step
If you are planning a renovation or recently acquired a Houston multifamily property, an accessibility assessment is an essential early step. Tell Projects provides detailed property assessments that identify your compliance exposure, estimate remediation costs, and integrate accessibility work into your renovation plan. Call us at (832) 591-7991 or submit a project inquiry online for a free consultation.