Texas Fair Housing Laws: What Landlords Need to Know – Guest Post

As a landlord in Texas, it is important to understand the fair housing laws that apply to you and your tenants. These laws prohibit discrimination based on certain protected characteristics, such as race, religion, and national origin. Violations of fair housing laws can result in significant legal and financial consequences for landlords. In this article, we will discuss the Texas Fair Housing Laws and what landlords need to know to comply with them. By understanding these laws and following best practices, you can create a welcoming and inclusive environment for all tenants while avoiding potential legal and financial issues.

What Are Fair Housing Laws?

Fair housing laws are in place at both federal and state levels to prevent discrimination in housing based on specific protected characteristics. The federal government’s Fair Housing Act was passed in 1968 and prohibits discrimination based on race, color, religion, national origin, sex, familial status, and disability. These laws aim to create a fair and equal housing market where everyone has an equal opportunity to find a home, regardless of their personal background or traits. Moreover,  the Texas Fair Housing Act is in place to prevent discrimination in housing based on the same characteristics as the federal law, along with other protected characteristics such as ancestry, age, marital status, and sexual orientation.

Fair housing laws apply to a wide range of housing-related activities, including advertising, rental applications, screening tenants, setting rental terms and conditions, and evicting tenants. Violations of fair housing laws can result in significant legal and financial consequences for landlords.

What Is Discrimination?

Discrimination occurs when someone is treated differently or unfairly because of a protected characteristic. For example, refusing to rent to someone because of their race, religion, or national origin would be discriminatory. Discrimination can be intentional or unintentional, and it can occur at any stage of the rental process.

What Do Landlords Need to Know?

As a landlord in Texas, there are several things you need to know to comply with fair housing laws:

• Advertising: When advertising your rental property, you must avoid language or images that suggest a preference for or against any protected characteristic. For example, you cannot advertise a property as being “perfect for young couples” or “not suitable for families with children.”
• Rental Applications: When screening tenants, you cannot ask questions that are designed to elicit information about a protected characteristic. For example, you cannot ask about a tenant’s religion, national origin, or disability status.
• Rental Terms and Conditions: When setting rental terms and conditions, you must treat all tenants equally regardless of their protected characteristics. For example, you cannot charge higher rent or require a larger security deposit for tenants of a certain race or religion.
• Evictions: When evicting a tenant, you must follow the proper legal procedures and cannot evict a tenant because of their protected characteristics. For example, you cannot evict a tenant because they are disabled or have children.
• Reasonable Accommodations: If a tenant has a disability, you may be required to make reasonable accommodations to allow them to fully enjoy the rental property. For example, you may need to allow a service animal in a no-pets building or install a wheelchair ramp.

What Happens if You Violate Fair Housing Laws?

Violating fair housing laws can result in significant legal and financial consequences for landlords. In the event of discrimination, tenants can lodge a complaint with either the Texas Workforce Commission or the U.S. Department of Housing and Urban Development. The complaint will be investigated, and if discrimination is found, the landlord can be subject to fines, penalties, and damages.

Moreover, landlords may face civil lawsuits brought by tenants who have been discriminated against. These lawsuits can result in significant legal fees and damages, including punitive damages in some cases.

Conclusion

As a landlord in Texas, it is essential to understand the fair housing laws and comply with them. Following these laws not only protects your tenants from discrimination but also safeguards you from legal and financial consequences. Remember to treat all tenants equally, provide safe and habitable living conditions, and seek guidance from experienced attorneys or fair housing organizations when needed. By staying up to date with the Texas landlord-tenant laws, you can create a fair and equitable rental process that benefits both you and your tenants.