Navigating Fair Housing Laws in Texas: What Every Landlord Should Know

Whether you're a seasoned landlord or just stepping into the realm of property management, understanding and adhering to fair housing laws is not just a legal obligation, but a commitment to promoting inclusivity and equality. 

The Basics of Fair Housing Laws in Texas

As a landlord in Texas, it's crucial to have a good grasp of fair housing laws to ensure you treat all potential tenants fairly and equally. Fair housing laws are designed to prevent discrimination based on race, color, religion, sex, national origin, disability, and familial status. In Texas, these laws are taken seriously, and it's important for landlords to follow them to avoid legal issues.

Prohibited Practices for Landlords

It's essential to be aware of practices that are strictly prohibited under fair housing laws in Texas. Discrimination against any protected group is illegal. This means you cannot refuse to rent, sell, or negotiate housing based on someone's race, color, religion, sex, national origin, disability, or familial status. You also can't advertise in a way that suggests a preference for certain groups.

When screening potential tenants, make sure your criteria are consistent and fair for everyone. Refrain from asking questions about a person's background that could be related to their protected status. For instance, you cannot ask about a person's disability or their plans to have children. Treat every applicant equally, and base your decisions on their financial qualifications, rental history, and references.

Other Considerations

• Age: Texas law prohibits discrimination based on age, specifically protecting individuals aged 40 and above.
• Marital Status: Discrimination based on marital status is also prohibited, ensuring that both married and unmarried individuals are treated fairly.
• Sexual Orientation and Gender Identity: Some cities in Texas, including Austin, Dallas, and Fort Worth have local ordinances that prohibit discrimination based on sexual orientation and gender identity. Unfortunately, the LGBTQ community is not protected statewide. 

Fair Housing Compliance

To stay compliant with fair housing laws, it's a good idea to create written policies that outline your tenant selection process. Be clear about the criteria you use to evaluate applicants, such as income requirements and credit checks. Make sure these policies are consistently applied to all applicants to avoid any appearance of discrimination.

Providing training to your property management staff is also important. They should understand the importance of fair housing laws and know how to handle inquiries and applications from prospective tenants. Regularly reviewing and updating your policies to reflect any changes in fair housing regulations will help you stay on the right side of the law.

Understanding Reasonable Accommodations

Fair housing laws also require landlords to provide reasonable accommodations for individuals with disabilities. A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling.

For example, if a tenant has a visual impairment, you might need to allow them to have a guide animal in a "no pets" policy building. These accommodations are generally not considered burdensome if they don't fundamentally alter the nature of your business or create an undue financial burden.

Handling Fair Housing Complaints and Avoiding Violations

In the event of a fair housing complaint, it's crucial to take it seriously and address it promptly. You should investigate the complaint thoroughly and take appropriate action to resolve the issue. If you're unsure about the best course of action, consulting with legal counsel experienced in fair housing matters is a wise move.

To avoid violations and complaints in the first place, regular self-audits of your rental practices can be helpful. Review your tenant selection process, advertising materials, and tenant interactions to ensure they align with fair housing laws. Address any potential issues proactively to prevent discrimination from occurring unintentionally.

Staying Updated

Fair housing laws can evolve, and it's good practice to stay up-to-date with any changes in regulations. Regularly check for updates to federal and state laws, as well as any local ordinances that might impact your rental practices. Engaging in continuing education or training on fair housing can help you remain well-informed and ensure that your policies and practices align with the current legal landscape.

Remember, fair housing laws are in place to ensure everyone has equal access to housing opportunities. Navigating fair housing laws in Texas might seem complex, but at its core, it's about treating all individuals fairly and equally in the housing market. Being a knowledgeable and fair landlord contributes to a healthier and more harmonious community.

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