Navigating the housing market can be challenging, but the Texas Fair Housing Act has you covered. Designed to outlaw discrimination in housing, it directly impacts tenants, buyers, and housing providers. Discover the ins and outs of this Act, including who it protects, how it’s enforced, and what it means for your housing rights in Texas. Stay informed and ensure fair treatment whether you’re securing a lease, purchasing property, or offering housing to others.
Short Summary
- The Texas Fair Housing Act aims to combat discrimination in housing based on race, color, national origin, religion, sex, disability, and familial status, enforcing fair practices in selling, renting, and financing of properties.
- The Act grants specific protections for familial status and disabilities, requiring reasonable accommodations and modifications to facilitate equal housing opportunities and prohibiting practices that target these groups unfairly.
- Violations of the Texas Fair Housing Act can lead to severe consequences, including fines imposed by the Texas Workforce Commission and civil courts and potential criminal charges for discriminatory housing practices.
The Texas Fair Housing Act Explained
The Texas Fair Housing Act is fundamentally grounded in a straightforward but potent rule: the ban on housing discrimination. This fair housing law aims to ensure that all individuals have an equal shot at securing their dream home. Whether it’s purchasing a house or renting an apartment, the Texas Fair Housing Act is in place to prevent housing providers from engaging in discriminatory housing practices.
More than just guaranteeing shelter, it ensures fairness in property financing decisions and freedom in choosing rental locations.
The Act is comprehensive, covering all types of housing in urban development, both public and private communities, with the exception of owner-occupied buildings that house no more than four units.
The Texas and Federal Fair Housing Acts protect individuals’ fair housing right from:
- being denied housing
- discriminatory lending practices
- misrepresentation of dwelling availability
- unequal terms and conditions for individuals based on their protected characteristics.
Enforcement and Responsibilities
The Texas Workforce Commission’s Civil Rights Division is entrusted with enforcing the Texas Fair Housing Act. They ensure that the Act is not merely a set of rules on paper but a living, breathing law that protects the rights of individuals in the housing market.
Housing providers, on their part, have a responsibility to provide different housing services with equal opportunities to all individuals and abstain from discriminatory actions. If you suspect having been discriminated against by housing services, lodging a complaint with the Commission can help resolve your problem and further prevent such practices.
Protected Classes Under the Texas Fair Housing Act
Certain categories are identified as protected classes under the Texas Fair Housing Act and the Federal Fair Housing Act. These include:
- Race
- Color
- National origin
- Religion
- Sex (including both gender identity and sexual orientation)
- Physical or mental disability
- Familial status
Familial status pertains to the specific family situation of an individual, especially the presence of children in the family but also including single individuals. When it comes to disability, the Acts refers to a mental or physical impairment that significantly restricts at least one major life activity. In addition to these, the Acts also encompass gender identity and sexual orientation within its protections.
Familial Status Protections
Under the Fair Housing Acts, familial status refers to a protected class encompassing families with children under 18, pregnant women, and individuals gaining custody of children under 18. It also includes discrimination based on a person being single. Household composition, regardless of whether the household is a single person or one or more adults with children, is off-limits for consideration in housing transactions. The Act prohibits discriminatory actions based on familial status, ensuring that families, regardless of their composition, have equal access to housing opportunities.
This means that landlords cannot refuse to rent or sell housing or impose restrictive terms and conditions based on the presence of children in the family.
Disability Protections
Individuals with disabilities are afforded strong protections under the Texas Fair Housing Act. This includes individuals with a physical or mental condition that significantly restricts at least one major life activity, even if these individuals are residing in their own homes or visiting others’ homes.
The Act goes beyond just prohibiting discrimination and allows individuals with disabilities to make reasonable accessibility modifications and accommodations necessary for using and enjoying a home. For instance, service animals are exempt from pet deposit, breed restriction, and pet fee requirements, and exceptions to rules, policies, practices, or services may be made to accommodate a disabled individual’s needs.
Recognizing Discriminatory Practices
Identifying discriminatory practices paves the way to their prevention. Housing discrimination is not always overt; it can take subtle forms like steering, a practice where a real estate agent guides a client towards or away from specific neighborhoods based on their characteristics. Similarly, occupancy standards that negatively affect families with children can also constitute a violation of fair housing laws.
For both renting and buying, it’s illegal to retaliate against a person for exercising Fair Housing rights (or someone assisting another in doing so), such as making threats or attempting coercion.
Rental Discrimination Examples
In the rental market, discriminatory practices can take several forms. This could include doing any of the following based on a tenant’s protected class:
- using language that indicates any preference or limitation of potential tenants in rental advertising
- falsely claiming that housing is unavailable for inspection or rental
- discouraging the rental or purchasing of housing
- refusing to rent or sell housing
- refusing to make reasonable accommodations for renters with disabilities
- assigning a renter to a specific building, neighborhood, or section thereof
- imposing different prices, terms, conditions, or privileges in housing transactions
- using different qualification criteria such as income standards, credit analyses, application fees, or other requirements
- refusing to negotiate for housing or providing different housing services or facilities
- delaying or denying maintenance or repairs
- evicting or harassing a tenant or tenant’s guest
In regards to a tenant’s right to housing, the following are illegal regardless of a renter’s characteristics:
- locking out or seizing the property of a renter behind on payments
- requiring provisions that restrict a tenant’s right to court, waive owner responsibility, or require tenants to pay court fees if they win a case against the landlord in court
- denying a rental application based on the renter’s use of a rental assistance program
All of these practices are a violation of the Texas Fair Housing Act.
Home Buying Discrimination Examples
Housing discrimination doesn’t stop at rentals; it extends to the home-buying process as well. Practices such as redlining, where lenders deny mortgages or offer them at higher costs based on the location of the prospective home, are illegal.
Similarly, predatory lending in the mortgage loan industry, where lenders employ abusive or deceptive lending practices, significantly increases the borrowing costs for homeownership and constitutes a violation of the Act.
Steering, i.e., directing a homebuyer toward or away from a particular neighborhood, is an example of a real estate agent discriminating against a buyer. This can include showing different buyers different neighborhoods, not telling buyers about properties that fit their criteria based on their characteristics, giving different answers to questions like “Does this area have good schools?” or “Is this a safe neighborhood?” and other tactics to influence a homebuyer’s choice based on protected characteristics.
Other examples of discrimination in homebuying include doing any of the following in response to a buyer’s protected class:
- Refusing to sell or negotiate, falsely claiming that a home is unavailable for sale, or otherwise making housing unavailable
- Imposing different prices or setting different terms and conditions for sale
- Discouraging the purchase of a property
- Blockbusting, i.e., attempt to persuade homeowners to sell their homes by claiming that people of a protected class are about to move into the neighborhood
- Refusing to provide or discriminate in the terms or conditions of homeowners insurance
- Refusing to provide a mortgage loan or information about loans
- Discriminating in appraising a home
- Imposing different interest rates, fees, etc., on a loan
- Conditioning a loan on a person’s response to harassment
- Denying access to or membership in any MLS or real estate brokers’ organization
Exemptions and Limitations
While aiming for broad protection against housing discrimination, the Fair Housing Acts also recognize specific exemptions and limitations. For instance, owner-occupied buildings with no more than four units are exempt from the law. Senior living developments that meet specific criteria can also exempt themselves from familial status protections, allowing them to limit residency to older individuals.
Moreover, religious organizations and private clubs can restrict the sale or rental of their properties to individuals who share their faith or membership, respectively.
Some exemptions also exist for safety reasons. For example, if a household exceeds the maximum occupancy of a unit, the landlord can legally refuse to rent to them.
Owner-Occupied Exemptions
The Texas Fair Housing Act recognizes that owner-occupied properties, particularly those with no more than four units, present a unique situation. In these cases, owners are allowed to select their tenants, giving them a degree of discretion that larger housing providers do not have. However, this discretion should not be misused to discriminate against potential tenants based on their protected class.
Similarly, single-family homes sold or rented by a person who owns or has an interest in no more than three single-family homes at one time are exempt. This is why the majority of home sellers, who are selling their primary homes and don’t own other homes, don’t have to worry about Fair Housing considerations. They can choose whom they sell to.
Senior Living Developments
Senior living developments are another area where the Fair Housing Act allows for certain exemptions. These developments can limit their residency to individuals who are 55 years of age or older, as long as at least 80% of their units have at least one occupant who meets this age requirement and the community has policies that demonstrate an intent to operate a 55+ community. They must also follow the HUD’s regulations for how age is verified.
This exemption is designed to address the unique needs and preferences of older adults, providing them with communities that are tailored to their lifestyles and preferences.
Penalties for Violating the Texas Fair Housing Act
Breaching the Texas Fair Housing Act can result in severe civil and criminal repercussions. These penalties are designed to deter housing providers from engaging in discriminatory practices and to compensate victims for their losses. The Texas Workforce Commission imposes fines based on the violator’s history, with penalties ranging from $10,000 for a first offense to $50,000 for multiple offenses.
Civil courts also have the authority to impose penalties, including fines of up to $23,011 for the initial violation. In severe cases, individuals convicted of housing discrimination can face criminal charges, resulting in a fine of up to $4,000 and a maximum of one year of imprisonment.
TWC Penalties
The Texas Workforce Commission (TWC) is instrumental in the enforcement of the Texas Fair Housing Act. The penalties it imposes for violations vary based on the violator’s history and the severity of the violation. The fines are as follows:
- For a first offense, the TWC can impose a fine of up to $10,000.
- For two offenses within the past five years, the fine rises to $25,000.
- For more than two offenses within the past seven years, the fine can reach $50,000.
If the offender has been previously fined for discriminatory practices, the time limits are no longer applicable.
These penalties serve as a strong deterrent, encouraging housing providers to adhere to the Act and treat all individuals equally. TWC penalties are paid to the Texas Comptroller to be deposited into the state’s Fair Housing fund.
Civil Court Penalties
In addition to the penalties imposed by the TWC, civil courts also have the authority to impose penalties for violations of the Fair Housing Act. These penalties can be substantial, with a maximum fine of $50,000 for the initial violation. For subsequent violations, the fines can escalate to $100,000 for a second or subsequent violation. A private person can also file a civil action so long as it’s within two years of the offense and there’s not a conciliation agreement. These penalties not only compensate victims but also discourage housing providers from engaging in discriminatory practices.
Criminal Penalties
Finally, intentional intimidation, force or threat of force, or other interference in response to someone’s protected class under the Texas Fair Housing Act, or in response to someone assisting another against a discriminatory practice, can result in criminal penalties. Individuals convicted of this can be charged with a Class A misdemeanor, potentially leading to a fine of up to $4,000, a maximum of one year of imprisonment, or a mix of both. These criminal penalties underscore the seriousness of housing discrimination and the commitment of the state of Texas to protect all individuals’ right to equal housing opportunities.
Filing a Housing Discrimination Complaint
Knowing how to file a housing discrimination complaint is vital if you suspect you’ve fallen prey to housing discrimination. You can do so through the Texas Workforce Commission’s Civil Rights Division, which is responsible for handling such complaints.
Alternatively, you also have the option to pursue a case in civil court.
TWC Complaint Process
To file a housing discrimination complaint with the Texas Workforce Commission, you need to submit your complaint within one year from the date of the discrimination. You can find the necessary forms for filing a complaint on the Commission’s website.
The complaint should include evidence of the discrimination, and support is available for individuals with disabilities who may require assistance in reading and completing the forms.
Of note, the same complaint shouldn’t be filed with both the TWC and Housing and Urban Development (HUD).
Tips for Avoiding Housing Discrimination in Texas
Being well-informed and proactive is essential to prevent becoming a victim of housing discrimination. Likewise, landlords and real estate agents need to be aware of this law and avoid running afoul of it. This includes:
- Ensuring equal treatment of all tenants and potential tenants
- Using non-discriminatory language in property documents
- Implementing fair and uniform screening procedures for all applicants
Furthermore, finding a reputable real estate agent who adheres to fair housing laws and taking online real estate courses can equip you with the knowledge and resources to navigate the housing market confidently and securely.
Finding a Trusted Agent
Securing a trustworthy real estate agent is a significant move towards circumventing housing discrimination. A reputable agent will adhere to fair housing laws, ensuring equitable opportunities for homeownership for all individuals. When interviewing potential agents, ask about their knowledge of the laws and their commitment to fair housing compliance.
You can verify an agent’s credentials by visiting the Texas Real Estate Commission (TREC) website and using their License Holder Search feature.
Online Real Estate Courses
Online real estate courses serve as a useful tool in grasping your rights and evading housing discrimination. These courses provide training on implicit bias, fair housing laws, and overcoming stereotypical thinking, helping real estate professionals and individuals alike identify, prevent, and address discriminatory practices.
You can access these courses through various platforms, such as:
- TWC’s free Fair Housing Training webinars
- Learn Texas Real Estate Online
- Aceable
- RealEstateU
- VanEd Real Estate School
- AceableAgent
- The CE Shop
Avoiding Housing Discrimination in Texas
The Texas Fair Housing Act plays a pivotal role in ensuring equal housing opportunities for all individuals in Texas. From the key provisions of the Act and the enforcement responsibilities to the protected classes and recognizing discriminatory practices, it’s important to be familiar with the intricacies of this important legislation. By equipping ourselves with this knowledge, we can contribute to a fair and inclusive housing market in Texas.
Frequently Asked Questions
What is a reasonable accommodation in the Texas Fair Housing Act?
A reasonable accommodation in the Texas Fair Housing Act refers to changes in rules, policies, or practices necessary to provide equal opportunity to a person with a disability, such as structural changes (ex. wall reinforcement for grab bars, widening doorways to accommodate wheelchairs), policy exemptions for service animals, or assistance in rental applications.
What words are prohibited by the Fair Housing Act?
The Fair Housing Act doesn’t name specific words or phrases, but in effect, it prohibits phrases in housing advertising such as “no children” or specifying a religious preference like “Christian renter.” HUD offers guidelines on acceptable language for Fair Housing advertising.
What is the purpose of the Texas Fair Housing Act?
The purpose of the Texas Fair Housing Act is to ensure equal housing opportunities by prohibiting discriminatory practices in housing sales, rentals, and financing.
What are the key provisions of the Texas Fair Housing Act?
The key provisions of the Texas and Federal Fair Housing Acts include prohibiting housing discrimination based on race, color, national origin, religion, sex (including sexual orientation and gender identity), disability, or familial status in public and private communities, with some exceptions. This ensures fair housing practices are followed.
