What Are the Goals of the Texas Fair Housing Laws?

Are you a real estate agent in Texas striving to align your practices with fair housing laws? Or perhaps you’re a homebuyer or renter curious about your rights under the Texas Fair Housing Act? Whether you’re navigating the real estate market as a professional or an individual, understanding the goals of Texas fair housing laws is essential for fostering fairness, inclusivity, and compliance in the housing market.

Texas fair housing laws ensure everyone has equal access to housing opportunities, regardless of their background or personal characteristics. These laws aim to eliminate discrimination, promote inclusivity, and create a level playing field for all individuals and families seeking housing in Texas.

In this blog, we’ll explore the goals of Texas fair housing laws and how they impact various aspects of the real estate market, including:

• Your Rights and Protections
• Compliance Tips for Real Estate Professionals
• Exemptions and Limitations
• How to Take Action Against Discrimination
• Penalties for Violations

Whether you’re a real estate professional, a homebuyer, or a renter, this guide will help you stay informed, compliant, and ahead of the curve in the Texas real estate market.

The Fair Housing Act (Federal) and the Texas Fair Housing Act (TFHA)

What is the Federal Fair Housing Act?

The Fair Housing Act, part of the Civil Rights Act of 1968, is a federal law that prohibits housing discrimination based on protected characteristics. It aims to address inequities in real estate by enforcing strict anti-discrimination measures in residential transactions and advertising.

• Who Must Comply? Homeowners, landlords, real estate agents, advertisers, and lenders.
• Penalties for Violations: Fines, loss of professional licenses, and other legal consequences.
• Purpose: Promotes equal housing opportunities for all, regardless of background or personal characteristics.

What is the Texas Fair Housing Act (TFHA)?

The Texas Fair Housing Act (TFHA) complements the federal law and provides additional protections specific to Texas. Codified in Title 15, Chapter 301 of the Texas Property Code, the TFHA ensures comprehensive coverage against discrimination in housing-related activities.

• Scope: Applies to residential and commercial real estate transactions.
• Enforcement: The Texas Workforce Commission (TWC) enforces the TFHA.

Key Areas Covered by the TFHA

The Texas Fair Housing Act prohibits discrimination in several critical areas, including:

• Sale or Rental of Properties: Discrimination in selling or renting residential or commercial properties is prohibited.
• Advertising Practices: It is illegal to publish discriminatory advertisements about selling or renting properties.
• Property Inspections: Discrimination during the inspection process is prohibited, ensuring equal access for all prospective buyers or renters.
• Access to Neighborhoods: Preventing someone from viewing a property in any neighborhood is unlawful.

The TFHA also protects individuals from discrimination in other housing-related activities, such as:

• Taking out a mortgage.
• Buying property insurance.
• Renting or buying vacant land.

Fair Housing and Protected Classes

Texas law largely aligns with the federal Fair Housing , upholding the same protected classes to ensure equal treatment in the housing market.

• : Historically, race has been one of the most common factors in housing discrimination. This protection guarantees individuals of all racial backgrounds the right to fair and equal housing opportunities.
• Color: Prohibits discrimination based on skin tone, supporting equitable treatment.
• Religion: Ensures housing opportunities are available to all, regardless of religious beliefs or lack thereof.
• Sex: Includes gender identity and sexual orientation, reflecting modern legal and societal standards.
• Disability: Mandates reasonable accommodations for those with disabilities, ensuring access and fairness.
• Familial Status: Protects families, pregnant individuals, and those gaining custody from being excluded from housing.
• National Origin: Promotes diversity by preventing discrimination based on nationality or ethnic background.

Texas Cities with Extra Fair Housing Protections: Austin, Dallas, Houston

While the Texas Fair Housing Act (TFHA) and federal laws provide strong protections, some Texas cities have additional ordinances to prevent discrimination further. Here’s what you need to know:

• Austin: Protects against discrimination based on sexual orientation, gender identity, and source of income (e.g., housing vouchers).
• Dallas: Prohibits discrimination based on sexual orientation and gender identity.
• Houston: Offers protections for source of income and veteran status.

How Local Ordinances Complement State and Federal Laws

• Broader Protections: Local laws often cover categories not explicitly protected by state or federal laws.
• Stricter Enforcement: Some cities have dedicated fair housing offices to investigate complaints and enforce ordinances.
• Community Impact: Local laws reflect the unique needs and values of the community.

While the Texas Fair Housing (TFHA) and federal laws provide strong protections, some Texas cities have additional ordinances to prevent discrimination further. Here’s what you need to know:

Cities with Additional Protections

• Austin: Protects against discrimination based on sexual orientation, gender identity, and source of income (e.g., housing vouchers).
• Dallas: Prohibits discrimination based on sexual orientation and gender identity.
• Houston: Offers protections for source of income and veteran status.

How Local Ordinances Complement State and Federal Laws

• Broader Protections: Local laws often cover categories not explicitly protected by state or federal laws.
• Stricter Enforcement: Some cities have dedicated fair housing offices to investigate complaints and enforce ordinances.
• Community Impact: Local laws reflect the unique needs and values of the community.

Limitations and Exemptions of the Texas Fair Housing Act

While the Texas Fair Housing (TFHA) provides strong protections against housing discrimination, it’s essential to understand its limitations and exemptions. Certain types of housing and specific categories are exempt from the law, and some situations may allow for legal discrimination. Here’s a concise overview:

Housing Exempt from the Texas Fair Housing Act

The Texas Fair Housing (TFHA) does not apply to:

1. Owner-Occupied Buildings with Four Units or Fewer: The “Mrs. Murphy exemption” applies if the owner lives in one of the units.
2. Single-Family Homes Sold or Rented Without a Broker: This applies if the homeowner owns three or fewer single-family homes and doesn’t use a real estate agent.
3. Housing Operated by Religious Organizations: Religious groups may limit housing to members of their faith, provided it’s not offered commercially.
4. Housing Operated by Private Clubs: Private clubs may restrict occupancy to members.
5. Qualified Senior Housing: Communities for individuals aged 55+ are exempt from certain provisions, such as familial status discrimination.

Categories Not Explicitly Protected

The Texas Fair Housing Act (TFHA) does not explicitly protect:

1. Sexual Orientation and Gender Identity: LGBTQ+ individuals may face discrimination, though some cities like Austin and Dallas offer additional protections.
2. Marital Status: Landlords may discriminate based on marital status (e.g., single, divorced, married).
3. Source of Income: Landlords may refuse tenants who rely on government assistance or non-traditional income sources.
4. Criminal History: Landlords may deny housing based on criminal records, though policies disproportionately affecting protected classes (e.g., race) may be challenged.
5. Drug or Illegal Substance Addiction: Addiction to illegal drugs is not considered a protected disability.

Situations Where Discrimination May Be Legal

Housing providers may legally deny housing or impose in certain scenarios, such as:

1. Direct Threat to Health or Safety: Housing providers may deny housing if an individual with a disability poses a direct threat to the health or safety of others, based on objective evidence.
2. Failure to Meet Financial or Legal Requirements: Applicants may be denied for not meeting income, credit score, or legal requirements.
3. Reasonable Occupancy Limits: Landlords may enforce occupancy limits, but they must not disproportionately affect families with children.

For more detailed information on these exceptions and other fair housing guidelines, refer to the U.S. Department of Housing and Urban Development (HUD) – Fair Housing Exceptions.

How Do You File a Fair Housing Complaint in Texas?

If you believe you’ve been a victim of housing discrimination in Texas, filing a fair housing is crucial to protect your rights and hold violators accountable. Here’s a step-by-step guide:

Step 1: Gather Evidence

Collect evidence to support your claim, such as:

• Emails or Letters: Written communication with the landlord or housing provider.
• Photos or Videos: Visual evidence of discriminatory actions or conditions.
• Witness Statements: Testimonies from neighbors or others who observed the discrimination.
• Records: Rental applications, lease agreements, or payment receipts.

Step 2: File a Complaint with the Texas Workforce Commission (TWC)

The TWC enforces the Texas Fair Housing Act (TFHA). To file a complaint:

1. Visit the TWC Website: Access the complaint form on the Texas Workforce Commission (TWC) page.
2. Complete the Form: Provide details about the discrimination (dates, locations, parties involved).
3. Submit Supporting Documents: Attach your evidence.
4. Submit the Complaint: File online, by mail, or in person.

If the TWC finds evidence of discrimination, they can impose penalties on the violator and award you compensation.

Step 3: File a Complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO) (Optional)

Suppose the discrimination violates federal fair housing laws. In that case, you can also file a complaint with the Office of Fair Housing and Equal Opportunity (FHEO), a federal agency within the U.S. Department of Housing and Urban Development (HUD). To file:

1. Visit the HUD Website: Go to the HUD Complaint page to access the form.
2. Provide Details: Include the same information as your TWC complaint.
3. Submit the Complaint: File online, by mail, or by phone.

FHEO will investigate your complaint and may take action against the violator, including imposing penalties or requiring corrective measures.

File a Lawsuit in Civil Court (Additional Option)

In addition to filing a complaint, you can sue the violator in civil court. If successful, you may receive:

• Financial Compensation: For damages, legal fees, and court costs.
• Injunctive Relief: To stop the violator from continuing discriminatory practices.

Penalties for Fair Housing Violations in Texas

If you’ve experienced housing discrimination in Texas, knowing that the Texas Fair Housing Act (TFHA) provides strong protections and imposes severe penalties on violators is essential. Understanding these penalties can help you take action and uphold your rights, whether you’re a renter, buyer, or seller. Here’s a breakdown of the consequences of violating fair housing laws in Texas:

1. Civil Fines

The Texas Workforce Commission (TWC), which enforces the TFHA, can impose the following fines:

• First Violation: Up to $10,000.
• Second Violation (within five years): Up to $25,000.
• Third or Subsequent Violation (within seven years): Up to $50,000.

These fines are paid to the Texas Comptroller and are intended to deter future violations.

2. Compensation for Victims

If you file a complaint with the Texas Workforce Commission (TWC) or sue in civil court, you may be awarded:

• Damages: Compensation for emotional distress or financial losses.
• Legal Fees: Reimbursement for attorney fees and court costs.
• Injunctive Relief: A court order to stop discriminatory practices.

3. Right to Sue in Civil Court
   You also have the right to sue the violator in civil court. If successful, you may be awarded:

• Financial Compensation: For damages, legal fees, and court costs.
• Injunctive Relief: To stop the violator from continuing discriminatory practices.

4. Criminal Penalties

In extreme cases, housing discrimination can lead to criminal charges. For example:

• Using threats or force to prevent someone from renting or buying a property is a in Texas, punishable by up to $4,000 in fines and up to one year in jail.

Why These Penalties Matter

The penalties for fair housing violations are more than just a punishment—they’re a way to ensure that everyone has equal access to housing in Texas. These penalties help create a more inclusive and equitable real estate market by holding violators accountable.

What Kind of Complaints Does the HUD Handle?

The U.S. Department of Housing and Urban (HUD) enforces federal fair housing laws and investigates housing discrimination complaints. HUD handles a wide range of complaints, including:

1. Discrimination Based on Protected Classes:
   • These include complaints about refusing to rent or sell, unequal terms, or denying reasonable accommodations based on protected classes.
2. Discriminatory Advertising:
   • , such as “No children allowed” or language favoring/disliking a protected class.
3. Harassment or Intimidation:
   • Offensive comments, threats, or harassment by landlords or neighbors based on protected characteristics.
4. Retaliation:
   • Landlords retaliate against tenants for filing complaints or requesting accommodations (e.g., eviction or lease non-renewal).
5. Failure to Provide Reasonable Accommodations:
   • Complaints about landlords refusing to allow service

Texas Real Estate Advertising: Staying Compliant with Fair Housing Laws

Advertising is critical in real estate, but it must comply with fair housing laws to avoid discrimination. Here’s what landlords, agents, and advertisers need to know to ensure their advertising practices are inclusive and compliant:

Guidelines for Non-Discriminatory Advertising

• Avoid Prohibited Phrases: Do not use language that excludes or discourages protected groups. For example:
  • Discriminatory: “Perfect for singles” or “No children allowed.”
  • Compliant: “Spacious two-bedroom apartment” or “Family-friendly community.”
• Use Inclusive Language: Highlight features of the property without referencing protected classes (e.g., “Close to schools and parks” instead of “Great for families with kids”).
• Show Diversity: Use images and videos that reflect diverse people.

of Discriminatory vs. Compliant Ads

• Discriminatory: “Ideal for young professionals—no kids or pets.”
• Compliant: “Modern one-bedroom apartment near downtown.”
• Discriminatory: “Christian family preferred.”
• Compliant: “Quiet neighborhood with nearby places of worship.”

For more examples and guidance, refer to our blog: When It Comes to Fair Housing, What Can You Say?.

Consequences of Violating Fair Housing Advertising Laws

Violating fair housing advertising laws can result in significant penalties, including fines and lawsuits, as outlined in the Penalties for Fair Housing Violations section.

Why is Fair Housing Training Essential for Real Estate Professionals?

Fair housing training is essential for real estate agents, brokers, and landlords to comply with the law and provide equal opportunities for all. Here’s why it matters, how it helps, and where you can get trained:

Why Fair Housing Training is Important

• Prevent Violations: Training helps you understand fair housing laws and avoid costly mistakes.
• Build Trust: Clients are more likely to work with professionals who prioritize fairness and inclusivity.
• Stay Updated: Laws and regulations change, and training ensures you stay informed.

Where can I get fair housing training in ?

• Online Courses: Platforms like the National Association of Realtors (NAR) offer fair housing courses for real estate professionals.
• Workshops: Attend local workshops hosted by fair housing organizations or real estate associations.
• Webinars: Participate in webinars hosted by HUD or other fair housing advocates.
• Real Estate Schools: Schools like MLS Campus offer state-approved fair housing courses designed to educate licensees and ensure they meet the Texas Real Estate Commission (TREC) education requirements. Explore MLS Campus Texas Courses to get started today!

Frequently Asked Questions (FAQ) About Texas Fair Housing Laws

1. Can a landlord refuse to rent to someone based on their credit score?

Yes, landlords in Texas can consider credit scores as part of their tenant screening process. However, they must apply the same criteria consistently to all applicants. If a landlord uses credit scores to disproportionately exclude certain protected classes (e.g., based on race or national origin), it could be considered discriminatory under fair housing laws.

2. Are emotional support animals considered service animals under fair housing laws?

Yes, emotional support animals (ESAs) are protected under the Fair Housing Act and the Texas Fair Housing Act. Landlords must make reasonable accommodations for tenants with ESAs, even if the property has a “no pets” policy. However, tenants may need to provide documentation from a licensed healthcare professional to verify the need for an ESA.

3. Can a landlord charge higher rent or security deposits based on a tenant’s protected class?

No, landlords cannot charge higher rent or security deposits based on a tenant’s race, color, religion, sex, disability, familial status, or national origin. Any differences in rent or deposits must be based on objective, non-discriminatory criteria, such as credit history or income. For more details, visit the HUD Fair Housing Act Overview.

4. What should I do if I suspect a real estate agent is steering me toward or away from certain neighborhoods?

“Steering” is a form of discrimination where real estate agents guide buyers or renters toward or away from certain neighborhoods based on protected characteristics. If you suspect steering, document the agent’s behavior (e.g., notes, emails, or witness statements) and file a complaint with the Texas Workforce Commission (TWC) or HUD’s Office of Fair Housing and Equal Opportunity (FHEO)

5. Can a landlord refuse to rent to someone with a criminal record?

Landlords in Texas can deny housing based on criminal history, but they must ensure their policies do not disproportionately affect protected classes (e.g., race or national origin). For example, a blanket policy that excludes all individuals with any criminal record could be challenged as discriminatory. For more information, refer to the HUD Guidance on Criminal Background Checks.

7. Can a landlord refuse to make reasonable accommodations for a tenant with a disability?

No, landlords are required to make reasonable accommodations for tenants with disabilities under the Fair Housing Act and the Texas Fair Housing Act. If a landlord refuses, the tenant can file a complaint with the Texas Workforce Commission (TWC) or HUD.

8. Are there any protections for tenants who are victims of domestic violence?

Yes, under the Violence Against Women Act (VAWA), tenants who are victims of domestic violence, dating violence, or stalking are protected from being evicted or denied housing solely because of their status as victims. Landlords must also keep this information confidential.

9. Can a landlord ask about my immigration status during the rental application process?

While landlords can ask for documentation to verify identity and income, they cannot discriminate based on national origin or immigration status. Asking questions specifically about immigration status could be seen as discriminatory under fair housing laws.

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