As a landlord, it is critical to be aware of and follow fair housing regulations. These laws are designed to ensure equal opportunity and prevent discrimination in housing. Violating these laws can lead to serious legal consequences, including significant penalties and damage to your reputation. Furthermore, understanding and adhering to fair housing rules helps foster an inclusive and diverse community, contributing to a positive living environment for all residents.
Fair Housing 101
Federal and state laws protect individuals from housing discrimination based on race, color, religion, sex, national origin, disability, and familial status. Renters may also have additional rights under local ordinances.
Landlords can use criteria such as criminal history, credit rating, and financial stability when selecting tenants. For instance, landlords have the right to request proof of income, like paystubs or W2 statements, and can refuse to lease to someone who doesn't provide this information.
However, landlords cannot consider factors such as a potential tenant's race or gender. Therefore, they cannot refuse to lease to someone who doesn't provide this information or based on these factors.
Fair Housing Requirements
Under the U.S. Fair Housing Act and Texas Fair Housing Act, no one may take any of the following actions in the sale and rental of housing or in mortgage lending based on race, color, religion, sex, national origin, disability or familial status.
It is illegal for anyone to:
- Advertise or make any statement that indicates a limitation or preference based onrace, religion, color, sex, national origin, disability or familial status. This prohibitionagainst discriminatory advertising applies to all housing, including single-family andowner-occupied housing that is otherwise exempt from the Texas Fair Housing Act
- Harass, coerce, intimidate, threaten or interfere with anyone exercising a fair housingright or assisting others who exercise their fair housing rights
- Under the U.S. Fair Housing Act and Texas Fair Housing Act, no one may take any of thefollowing actions in the sale and rental of housing or in mortgage lending based on
Illegal Actions in the Sale and Rental of Housing
- Refuse to rent or sell housing
- Refuse to negotiate for housing
- Advertise housing to preferred groups of people only
- Show apartments or homes in certain neighborhoods only
- Say that housing is unavailable for inspection, sale or rental when in fact it is available
- Set different terms, conditions or privileges for sale or rental of a dwelling
- Provide different housing services or facilities
- Deny access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing
- Refuse to make certain modifications or accommodations for persons with a mental or physical disabilitIn a building with a "no pets" policy, a visually-impaired tenant must be allowed tokeep a guide dog.
- In a building with a "no pets" policy, a visually-impaired renter must be allowed to keep a guide dog
- In a complex that offers renters ample, unassigned parking, property management must honor a request from a mobility-impaired renter for a reserved space near their unit if necessary to ensure that they can have access to their home.
When Familial Status Protections Are Available
Unless a building or community qualifies as housing for older persons, the owner or manager may not discriminate based on familial status. Protection against discrimination based on familial status applies to:
- Families in which one or more children under age 18 live with
- A parent
- A person who has legal custody of the child or children
- Designees of the parent or legal custodian, with parent or custodian’s written permission
- Anyone securing legal custody of a child under age 18
- Pregnant women
Protected Classes
Federal and Texas laws prohibit discrimination based on the following protected classes:
- Race
- Color
- Religion
- National Origin
- Sex
- Disability (meaning a “physical or mental impairment which substantially limits one or more of [a] person’s major life activities, a record of having such an impairment, or being regarded as having such an impairment.”)
- Familial Status.
