Texas Fair Housing Act: An Overview

Key Takeaways

• The Fair Housing Act (FHA) prohibits discrimination in housing based on protected classes such as race, color, religion, sex, disability, national origin, and familial status. Some Texas cities add extra protections like gender identity, sexual orientation, age, and source of income.
• Violating the FHA can lead to severe consequences, including fines up to $150 000, legal fees, and reputational damage that can make it harder to attract and keep quality tenants.
• Landlords can stay compliant by using neutral advertising, applying consistent screening criteria, and providing reasonable accommodations especially for tenants with disabilities.

To successfully rent out your TX property, you should familiarize yourself with your legal obligations under Chapter 92 of the Texas Property Codes. Among these is the state’s antidiscrimination law – the Fair Housing Act (FHA).

The Fair Housing Act is a federal law that was established in 1968. It forbids landlords and other industry players from discriminatory behaviors in the provision of housing based on certain protected classes.

Some of the protected classes are: race, color, religion, nationality, disability, and sex.

Just like other landlord-tenant laws, violating the Fair Housing Act in Texas can lead to harsh penalties.

Monetary penalties can reach up to $150,000 in certain Department of Justice cases. This can be in addition to the attorney’s fees and other costs that may be awarded to the resident.

Additionally, the impact on your reputation can be huge, making it harder for you to attract and retain quality residents.

Fortunately, you may be able to avoid such issues by simply familiarizing yourself with the FHA. Here’s a guide by Keyrenter Richardson to help you in that regard.

What is the Fair Housing Act?

The FHA is a federal law that makes it illegal for housing providers to discriminate against people in housing based on their race, color, religion, or other protected classes.

The fair housing protections apply not only to the rental of housing, but all other aspects as well. Including, in sales and mortgage lending.

The FHA applies to a wide range of dwellings.

They include single-family homes, condominiums, apartments, multi-family dwellings, group homes, and mobile homes. Some limited exceptions do exist, however. They include owner-occupied buildings, single-family homes rented by the owner, and homes owned by religious organizations and private clubs.

The FHA is also known as Title VIII of the Civil Rights Act of 1968. It was signed into law by President Lyndon B. Johnson on April 11th, 1968, making a historic step towards ensuring all Americans have equal housing access.

What is the Fair Housing Act in Texas?

The Federal Fair Housing Act prohibits discriminatory acts against residents based on seven protected characteristics. That is: religion, color, race, sex, disability, nationality, and familial status.

Many cities and local jurisdictions in Texas have enacted their own ordinances. These provide residents with additional protections beyond state and federal law.

The locally protected classes often include:

• Gender identity
• Sexual orientation
• Marital status
• Age
• Veteran status
• Source of income

What are Examples of Housing Discrimination?

• Telling a Black applicant that the unit you’re renting out is rented, but later offering it to a White applicant. This would be a discriminatory behavior against the Black applicant based on color.
  
  
• Refusing to rent out your property to a married resident with children, but renting it out to a single applicant. This would be discriminatory towards the resident with children based on their familial status.
  
  
• Placing discriminatory phrases in the rental ad that show a preference or limitation based on a protected class. For instance, stating “No Children,” “Seeking a Christian Resident Only,” or “Ideal for Singles.”
  
  
• Asking prospective residents discriminatory questions when screening them. For example, “Are you married?” “Where are you originally from?” or “Are you Chinese or Japanese?”
  
  
• Charging residents different fees, rent, or security deposits based on a protected class. For instance, charging a higher deposit for residents with a specific national origin or for families with children.
  
  
• Trying to evict a resident because of their race, color, sex, or any other discriminatory reason.
  
  
• Setting more restrictive standards for certain applicants. For instance, requiring residents of certain races to make a higher minimum income.
  
  
• Refusing to make reasonable accommodations for disabled applicants. For example, refusing to waive your “no pets” policy for residents with assistance animals.

What Can a Landlord Do to Stay in Legal Compliance with the Fair Housing Act in Texas?

When renting out a property in Texas, you’ll want to do the following to stay legally compliant with the state’s anti-discriminatory law.

• When advertising the property, make sure to use neutral language and imagery. Avoid using any phrases that may show either limitation or preference towards certain protected groups. You should focus on “selling” the property’s features to prospective residents, instead.
• Use a consistent and objective screening criterion. You must hold every applicant to the same screening criteria. Relaxing any standard for one person and applying a stricter one to another can be discriminatory. Additionally, make sure to only ask legal questions. Avoid asking any questions that touch on a prospective resident’s race, color, nationality, or any other protected class.
• Provide reasonable accommodations to residents with disabilities. This could mean allowing an assistance animal even when you have a “no pets” policy. Aside from providing such an accommodation, you may need to permit the resident to make necessary physical changes to their unit, at their own expense.

Conclusion

Your journey to successful landlording begins with understanding your legal obligations. You may want to consider working with a property manager to ensure utmost legal compliance with the entire Chapter 92 of the Texas Property Code.

Keyrenter Richardson is a top-notch choice for property management services in Carrollton, TX. We can provide you with comprehensive property management solutions for stress-free ownership and maximized returns.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.