What fair housing laws must landlords follow?

Fair Housing Laws Texas Landlords Must Follow

Navigating fair housing laws is a critical responsibility for landlords in Texas. These laws are designed to prevent discrimination in the rental housing market and ensure all prospective and current tenants receive equal treatment. Understanding and complying with these requirements not only helps landlords avoid legal pitfalls but also promotes a fair and equitable housing environment.

Federal Fair Housing Laws Applicable in Texas

While Texas does not have a statewide fair housing law that expands on federal protections, landlords in Texas must comply with the federal Fair Housing Act (FHA), which applies nationwide, including within Texas.

Key Federal Protections

Under the FHA, landlords are prohibited from discriminating against tenants or prospective tenants based on:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation under recent interpretations)
• Familial status (presence of children under 18 in the household)
• Disability

Prohibited Practices Under the FHA

Texas landlords must avoid discriminatory practices such as:

• Refusing to rent or sell housing
• Setting different terms, conditions, or privileges for sale or rental
• Advertising or making statements that indicate a preference or limitation based on protected classes
• Harassing tenants or prospective tenants based on protected characteristics
• Failing to make reasonable accommodations or modifications for tenants with disabilities

Texas State Fair Housing Protections

Although Texas relies heavily on federal fair housing law, the Texas Commission on Human Rights Act (TCHRA) also prohibits discrimination in housing in Texas. The TCHRA is enforced by the Texas Workforce Commission Civil Rights Division. It covers the same protected classes as the FHA and also includes:

• Genetic information

Additional Protections Under Texas Law

While the TCHRA generally mirrors federal law, it provides an additional enforcement mechanism for Texas residents. Its key points that landlords must follow include:

• Prohibiting housing discrimination based on the same protected classes under FHA plus genetic information
• Protecting employees and tenants from retaliation for filing complaints or participating in investigations

Reasonable Accommodations and Modifications for Disabilities

Both federal and state law require Texas landlords to provide reasonable accommodations and allow reasonable modifications for tenants with disabilities.

What Landlords Must Do

• Accommodations: Landlords must make exceptions to their rules, policies, or services when necessary for a person with a disability to have equal opportunity to use and enjoy the housing. For example, allowing a service animal despite a no-pet policy.
• Modifications: Landlords must allow tenants with disabilities to make reasonable structural modifications at the tenant’s expense if necessary for the tenant’s use and enjoyment of the rental unit. Landlords may require the tenant to restore the property to its original condition when they move out.

Limits and Conditions

• Landlords can deny requests that are not reasonable or create an undue financial or administrative burden.
• Requests for accommodations must be evaluated on a case-by-case basis.
• Documentation can be requested to verify the disability and the need for accommodation, but overly intrusive medical inquiries are prohibited.

Advertising and Marketing Compliance

Texas landlords must ensure that rental advertisements comply with fair housing requirements by:

• Avoiding language or images that indicate preferences, limitations, or discrimination against protected classes.
• Using inclusive language such as “open to all qualified applicants” or “equal housing opportunity.”
• Not stating preferences relating to family status, race, religion, sex, or other protected classes in ads.

Tenant Screening and Application Process

Fair housing laws require Texas landlords to apply screening criteria uniformly and fairly:

• Evaluate all applicants based on consistent, objective criteria such as credit history, income, and rental references.
• Avoid asking questions or requiring information that directly or indirectly reveals a protected class status. For example, inquiries about pregnancy, national origin, or disability.
• Avoid policies that disproportionately exclude protected groups unless the landlord can demonstrate a legitimate business necessity.

Handling Complaints and Avoiding Retaliation

Texas landlords need to be aware that tenants are protected from retaliation for exercising their fair housing rights:

• Retaliation includes eviction, rent increases, threats, or harassment in response to a tenant filing a fair housing complaint or supporting such a complaint.
• Landlords should document all communications and treatment of tenants to demonstrate non-discriminatory practices.

Training and Best Practices for Texas Landlords

To maintain compliance with fair housing obligations:

• Educate yourself and your staff on fair housing laws applicable in Texas.
• Develop consistent leasing policies and procedures that apply equally to all applicants.
• Use standardized applications and screening processes.
• Maintain thorough documentation for all rental decisions and communications.
• Consult legal counsel or fair housing organizations when in doubt.

Resources for Texas Landlords

• Texas Workforce Commission Civil Rights Division (TWCCRD): Enforces the Texas Commission on Human Rights Act (TCHRA). Handles fair housing complaints within Texas.
• U.S. Department of Housing and Urban Development (HUD): Federal agency responsible for enforcing the Fair Housing Act.
• Texas Apartment Association (TAA): Offers training and resources related to rental housing management and legal compliance.
• Local fair housing organizations: Provide guidance and assistance relating to housing discrimination complaints.

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Summary

Texas landlords must comply with the federal Fair Housing Act and state-level protections under the Texas Commission on Human Rights Act. This includes avoiding discrimination based on race, color, national origin, religion, sex, familial status, disability, and genetic information. Landlords have affirmative duties to provide reasonable accommodations and modifications for disabled tenants and must implement fair and consistent rental policies. Advertising and tenant screening must be conducted without bias, and retaliation against tenants exercising their rights is prohibited.

Staying informed and proactive about fair housing laws helps Texas landlords run their operations ethically and legally, reducing liability and fostering fair access to housing for all individuals in Texas.