Where to Find Disability Housing Lawyers in Austin
Austin has several organizations and individual attorneys who handle housing discrimination cases involving disability. Your first stop should be Texas RioGrande Legal Aid, which serves Central Texas and handles fair housing cases at no cost if you meet income limits. They have an office in Austin and can tell you within one call whether your situation fits their scope.
The Austin Tenants Advocates maintains a referral list of lawyers who work on housing disputes, including discrimination. They can point you toward attorneys who take contingency cases (meaning you pay nothing upfront and they take a percentage if you win) or those who charge hourly rates. The group also offers free tenant rights workshops that explain what counts as discrimination under federal law.
The State Bar of Texas Lawyer Referral Service lets you search by practice area and location. Filter for "fair housing" or "disability discrimination" and Austin will show you licensed attorneys in your area. This does not vet their experience level, so you will need to call and ask how many disability housing cases they have handled.
Key Takeaways
- Texas RioGrande Legal Aid handles housing discrimination cases for free if your income qualifies, and they have an Austin office that can assess your case in one conversation.
- Austin Tenants Advocates maintains a referral list of lawyers who take housing disputes and can explain which attorneys work on contingency versus hourly billing.
- The State Bar of Texas Lawyer Referral Service lists licensed attorneys by practice area, but you must call to ask about their specific experience with disability cases.
- Fair housing organizations like the Austin Fair Housing Office can sometimes connect you with attorneys or help you file a complaint that a lawyer can then build on.
- When you call a lawyer, ask how many disability discrimination cases they have handled in the past two years and whether they have won or settled cases similar to yours.
What Counts as Housing Discrimination Based on Disability in Texas
Under the Fair Housing Act and the Texas Fair Housing Act, a landlord or property manager cannot refuse to rent to you, charge you more, or treat you differently because of a disability. This includes physical disabilities, mental health conditions, and intellectual disabilities. The law also requires landlords to make reasonable accommodations — changes to rules, policies, or the physical space — so you can use and enjoy your home equally.
Common examples include refusing to allow a service animal, charging a pet deposit for an emotional support animal, denying a request to install grab bars in a bathroom, or evicting you because you disclosed a disability. Discrimination can also happen during the process process — for instance, if a landlord asks invasive questions about your disability or requires medical documentation beyond what is necessary to verify the need for an accommodation.
Retaliation is also illegal. If you complain about discrimination or request an accommodation, a landlord cannot evict you, raise your rent, or reduce services as punishment. Texas law protects you from retaliation for up to one year after you file a fair housing complaint.
How to Document Discrimination Before Meeting a Lawyer
Lawyers need evidence to build a case, so start collecting it now. Write down dates, times, and what was said or done — for example, "March 15, landlord told me in person that she does not rent to people with psychiatric disabilities" or "April 2, submitted written request for service dog accommodation; landlord has not responded." Include the names of anyone who witnessed the interaction.
Save all written communication: emails, text messages, letters, lease agreements, and any responses (or lack of response) to your accommodation requests. If a conversation happened in person or by phone, send a follow-up email summarizing what was discussed — "As we discussed today, I am requesting permission to have my service dog in the apartment" — so you have a written record. Take photos of any physical barriers or conditions that relate to your disability.
Keep a separate file with your disability documentation: medical records, letters from doctors, prescriptions, or any paperwork that shows you have a disability and why you need a specific accommodation. You do not have to share this with the landlord, but your lawyer will need it to prove your case.
Questions to Ask a Disability Lawyer During Your First Call
When you reach a lawyer, ask these questions to understand whether they are a good fit and what to expect. First: "How many housing discrimination cases involving disability have you handled in the past two years, and how many involved the Fair Housing Act?" A lawyer with recent experience in this specific area will move faster and know the law better than one who handles housing disputes generally.
Second: "What is your fee structure?" Some lawyers work on contingency (you pay nothing unless you win), some charge hourly rates, and some charge a flat fee for certain services. Ask whether they charge for the initial consultation — many do not. Third: "What is the timeline for this type of case?" Fair housing complaints filed with the federal government can take six months to two years; lawsuits are often longer. A lawyer should give you a realistic picture.
Fourth: "What outcome are you aiming for?" Some cases settle for money damages; others result in the landlord changing their policy or allowing you to break a lease. Ask what similar cases in Austin have resulted in. Fifth: "Will you handle the complaint to the fair housing agency, or do I file that myself?" Some lawyers file the complaint as part of their work; others expect you to do it and then represent you if the case goes to court.
Filing a Fair Housing Complaint in Austin Before or Alongside Hiring a Lawyer
You do not have to hire a lawyer to file a complaint, and filing early can help your case later. The U.S. Department of Housing and Urban Development (HUD) accepts fair housing complaints by phone, mail, or online at hud.gov. You have one year from the date of the discrimination to file. In Texas, you can also file with the Texas Workforce Commission Civil Rights Division, which investigates state fair housing complaints.
The Austin Fair Housing Office (part of the city's Human Rights Department) also takes complaints and can investigate locally. Filing with the city office does not prevent you from filing with HUD or hiring a lawyer — in fact, a local complaint can sometimes move faster and may result in mediation with the landlord. Call the Austin Fair Housing Office at their main number to ask how to file.
When you file, you will need to describe what happened, when it happened, who was involved, and how it harmed you. Have your documentation ready. The agency will send you a complaint form to complete. Filing a complaint creates an official record that a lawyer can reference and may pressure the landlord to settle before a lawsuit begins.
What to Expect if Your Case Goes to Court
Most housing discrimination cases settle before trial, but you should understand the process if yours does not. After you file a complaint with HUD or the state, the agency investigates — they contact the landlord, ask for their side of the story, and review your evidence. This takes two to six months. If the agency finds reasonable cause that discrimination occurred, they issue a information and the case can move to court or mediation.
If you and your lawyer decide to sue, the case enters the federal or state court system. Discovery happens next: both sides exchange documents and take depositions (recorded interviews). This phase can last several months. Many cases settle during discovery when the landlord realizes the evidence is strong. If the case goes to trial, a judge or jury hears both sides and decides whether discrimination occurred and what damages you are owed.
Damages in housing discrimination cases typically include back rent you paid unfairly, the cost of moving, emotional distress, and sometimes punitive damages (extra money meant to punish the landlord). Your lawyer should explain what damages are realistic in your situation based on similar Austin cases.
Low-Cost and Free Legal Resources in Austin
Texas RioGrande Legal Aid is the primary free legal service in Central Texas. They prioritize cases involving housing, family law, and benefits. Call their intake line to see if your income qualifies. If it does, they can represent you through trial at no cost.
The University of Texas School of Law Civil Rights Clinic sometimes takes housing discrimination cases with law student supervision. Call the clinic to ask whether they are accepting new cases. Austin Tenants Advocates offers free information on tenant rights and can sometimes connect you with pro bono (free) lawyers through their network.
If you cannot afford a lawyer and do not may have access to for free legal aid, ask any lawyer you call whether they offer a payment plan or reduced rate for low-income clients. Some do. You can also ask whether they will take your case on contingency, meaning they only get paid if you win.
Frequently Asked Questions
Can I sue my landlord for housing discrimination in Austin without a lawyer?
You can file a complaint with HUD or the Texas Workforce Commission without a lawyer, and you can represent yourself in court, but housing discrimination law is complex and landlords often have lawyers. A lawyer increases your chances of winning and understanding your options. If cost is the barrier, start with Texas RioGrande Legal Aid or ask about contingency representation.
How long do I have to file a housing discrimination complaint?
You have one year from the date of the discrimination to file a complaint with HUD or the Texas Workforce Commission. If you wait longer, you lose the right to file. If you are still living with the discrimination (for example, the landlord is still refusing your accommodation request), the one-year clock may restart with each new incident.
What if my landlord says my disability is not real or I am faking it?
A landlord cannot demand proof that your disability is "real enough." They can ask for reasonable documentation that you have a disability and that you need a specific accommodation, but they cannot require you to disclose your diagnosis or medical records. If a landlord refuses an accommodation without asking for any documentation, that is discrimination. A lawyer can help you push back on unreasonable requests for proof.
Can I break my lease if my landlord discriminates against me?
You may be able to break your lease without penalty if the landlord's discrimination made the apartment uninhabitable or violated fair housing law. A lawyer can advise whether breaking the lease is your best option or whether staying and pursuing damages is stronger. Some cases result in the landlord agreeing to let you leave without penalty as part of a settlement.
What if I am worried about retaliation after I file a complaint?
Texas law prohibits retaliation for one year after you file a fair housing complaint. If your landlord evicts you, raises your rent, or reduces services after you complain, that is illegal retaliation and strengthens your case. Document any retaliation and tell your lawyer when ready. You may be able to sue for retaliation damages on top of your original discrimination claim.