Texas landlords obtain certain responsibilities after establishing a lease with a tenant. Among this range of responsibilities is abiding by the state’s fair housing laws and avoiding committing housing discrimination.
The Texas Fair Housing Act requires a housing provide to treat tenants without housing discrimination on the basis of certain protected classes. The laws apply in all interactions landlords have with tenants, including when you’re marketing your property, screening prospective tenants, or even when evicting the tenant.
If you’re a landlord looking to rent out a property in Texas or simply want to learn more to avoid discrimination, here’s everything you need to know about the Texas Fair Housing Act.
What Is Fair Housing?
All Americans have a fair housing right to find a place to live without facing housing discrimination. The Fair Housing Act is a collective set of federal, state, and local laws ensuring equal access to rental and homeownership opportunities.
The Federal Fair Housing Act provides protections and outlaws housing discrimination on the basis of seven classes. These are race, color, religion, sex, national origin, familial status, and disability.
Does Texas Have Fair Housing Laws?
Yes, fair housing in Texas is covered by federal law. Texas doesn’t have additional protected classes.
What Does Texas Fair Housing Law Cover?
The Texas Fair Housing Act protects from discrimination individuals looking to:
- Rent or buy a home.
- Rent or buy vacant land.
- Buy insurance to protect their property.
- Take out a mortgage.
Texas has the same protections against housing discrimination as those at the federal level. That is race, color, religion, sex, familial status, national origin, and disability.
What Are the Exemptions to the Texas Fair Housing Act?
In Texas, certain types of housing are exempt from Fair Housing Law. However, if you’re a landlord who owns a standard single-family home and are renting it out, it is unlikely that the Fair Housing Act exemptions will apply to you.
- Private Clubs/Religious Groups – These can limit membership to only individuals belonging to that community.
- Maximum Occupancy – Texas laws limit occupancy to three times the number of bedrooms.
- Housing for Older People – This applies to housing specifically designed for elderly residents. Homeowners are allowed to only accept renters who meet their age requirements.
How Can I Provide Fair Housing as a Property Owner?
It’s especially important to keep fair housing in mind during the marketing and application processes for your rental property. Be mindful of the language you use when writing advertisements for your rental property as a landlord, and always use the exact same screening process for each tenant in your community, regardless of race, sex, familial status, disability, religion, etc.
The following actions may be considered housing discrimination:
- Stating that your property is ideal for either women or men.
- Choosing or rejecting a tenant because of the religion they practice.
- Showing preferential treatment to a tenant based on where they are originally from/national origin.
- Suggesting a unit is safer or dangerous for one gender over another.
- Choosing to rent your property to an individual who doesn’t have children over one that does.
- Refusing to rent your property to an individual because of their disability or service animal.
Here are some of the best ways you can make sure you’re providing fair housing opportunities and avoiding discrimination for each of your tenants – prospective and current!
- Have a fair tenant screening process.
- Treat all prospective and current tenants equally and fairly by not showing preference or limitation over something such as race or familial status.
- Advertise your vacant rental property properly.
- Make reasonable modifications to the property or reasonable accommodations for a tenant with a physical or mental disability.
- Hire a property management company to keep you legally compliant and handle all other operations for peace of mind.
Bottom Line
Abiding by the Fair Housing Act in Texas is key to running a successful investment property and avoiding discrimination against tenants. If you have questions about landlord-tenant laws or need expert help to manage your property, Real Property Management Talent can help. Get in touch to learn more about our customized property management services.
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
