Texas Fair Housing Compliance: Laws & Protected Classes Guide

Are you a property manager, real estate professional, or housing provider in Texas? Understanding and complying with Texas fair housing laws is critical for your business. This comprehensive guide breaks down everything you need to know about fair housing compliance in the Lone Star State.

Key Takeaways

• Texas fair housing laws prohibit discrimination based on seven protected classes: race, color, religion, sex, familial status, national origin, and disability
• Violations can result in significant penalties, including fines up to $16,000 for first violations
• Both intentional discrimination and discriminatory impact are prohibited under Texas law
• Property managers must maintain compliant advertising and ensure equal treatment in all housing transactions
• Automated compliance tools can help prevent violations and maintain documentation

Ready to ensure your listings are always compliant? Schedule a demo with FairSentry to see how FairSentry can automatically screen your content for potential violations.

Understanding Texas Fair Housing Laws

Texas fair housing laws work in conjunction with federal Fair Housing Act requirements to ensure equal housing opportunities for all residents. The Texas Fair Housing Act (Texas Property Code, Chapter 301) makes it illegal to discriminate in any housing-related transaction based on protected characteristics.

Protected Classes in Texas

Under Texas law, the following characteristics are protected:

• Race
• Color
• Religion
• Sex
• Familial status (including pregnancy)
• National origin
• Disability

While some states have expanded their protected classes beyond federal requirements, Texas maintains alignment with federal protected classes. However, property managers should still exercise caution and maintain inclusive practices beyond these minimum requirements.

Prohibited Actions

The Texas Fair Housing Act prohibits the following discriminatory practices:

• Refusing to sell or rent housing
• Setting different terms, conditions, or privileges
• Making housing unavailable or denying its availability
• Providing different housing services or facilities
• Falsely denying that housing is available for inspection, sale, or rental
• Making discriminatory advertisements or statements
• Steering prospective residents to or from specific neighborhoods
• Refusing reasonable accommodations for persons with disabilities

Compliance Requirements for Property Managers

Advertising and Marketing

Property managers must ensure all advertising materials, including online listings, are compliant with fair housing laws. As covered in our guide on Preventing Discriminatory Language in Property Advertisements, this includes:

• Avoiding words or phrases that express preference based on protected characteristics
• Including the Equal Housing Opportunity logo or statement
• Maintaining consistent qualifying standards
• Using inclusive imagery and language

Reasonable Accommodations

Property managers must make reasonable accommodations for residents with disabilities. This includes:

• Allowing modifications to the property at the resident's expense
• Permitting service animals and emotional support animals
• Making exceptions to policies when necessary to accommodate disabilities
• Providing accessible parking spaces

For more information about handling accommodation requests, see our Emotional Support Animals: Fair Housing Guide for Property Managers.

Best Practices for Maintaining Compliance

Documentation and Record Keeping

Maintain detailed records of:

• Rental criteria and screening processes
• All applications and their disposition
• Accommodation requests and responses
• Maintenance and repair requests
• Communications with residents and applicants
• Marketing materials and advertisements

Staff Training

Regular fair housing training is essential for all staff members who interact with residents or applicants. This includes:

• Initial comprehensive fair housing training
• Annual refresher courses
• Updates on law changes and new requirements
• Role-playing exercises for common scenarios
• Documentation of all training completion

For more information about training programs, visit our guide on Fair Housing Training: Essential Programs for Property Managers.

Automated Compliance Tools

Modern property managers are increasingly turning to technology solutions to ensure compliance. Benefits include:

• Automated screening of listing content for potentially discriminatory language
• Consistent application of rental criteria
• Documentation of all housing-related decisions
• Real-time compliance monitoring

Learn more about automated solutions in our article on Automated Compliance Screening: The Future of Property Management.

Enforcement and Penalties

The Texas Workforce Commission's Civil Rights Division enforces fair housing laws in Texas. Violations can result in:

• Civil penalties up to $16,000 for first violations
• Higher penalties for subsequent violations
• Actual damages to affected parties
• Attorney fees and costs
• Required training and monitoring
• Damage to reputation and business relationships

For more detailed information about potential consequences, see our article on The Cost of Non-Compliance: Fair Housing Violations and Penalties.

Frequently Asked Questions

What is the statute of limitations for filing a fair housing complaint in Texas?

A complaint must be filed within one year of the alleged discriminatory housing practice.

Are there any exemptions to Texas fair housing laws?

Yes, limited exemptions exist for: - Owner-occupied buildings with no more than four units - Single-family housing sold or rented without a broker - Housing operated by religious organizations or private clubs - Senior housing that qualifies under federal law

How do I report a fair housing violation in Texas?

File a complaint with:

• Texas Workforce Commission's Civil Rights Division
• Local fair housing organization
• U.S. Department of Housing and Urban Development (HUD)

Conclusion

Compliance with Texas fair housing laws requires ongoing attention to detail, proper training, and robust systems to prevent discrimination. Property managers should:

• Maintain current knowledge of all requirements
• Implement comprehensive compliance programs
• Use automated tools to prevent violations
• Document all housing-related decisions
• Provide regular staff training

Want to ensure your property listings are always compliant with Texas fair housing laws? Contact FairSentry to learn how our automated compliance screening can protect your business.