The Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, or disability when persons are looking for housing. Most states also have their own fair housing laws in place.
The law was designed to protect persons with particular protected characteristics from illegal discrimination during the sale or rental of a dwelling or when seeking housing assistance, other financial assistance, or discrimination during other housing related activities.
It is essential for property owners, homeowners, and all housing providers to be aware of the legal requirements to ensure compliance, reasonable accommodations, and respect for everyone involved with your rental from potential violations.
In this blog post, we will provide you with fair housing training and look at how these measures ensure persons have access to fair and safe housing opportunities in Texas!
What Is the Fair Housing Act?
It's a federal law that protects people from housing discrimination when renting, buying, or financing a dwelling.
It was created to afford persons their rights and protect them from the effects of illegal discrimination from housing services. It is regulated by the US Department of Housing and Urban Development.
The act states that it is illegal to discriminate against persons based on their race, color, national origin, religion, sex, familial status, or disability.
This includes offering different housing services, refusing to rent or sell housing, and setting different terms and conditions for sale or rental on the basis of race, color, religion, sex, national origin, familial status, or disability. The act also forbids sexual harassment.
What the Fair Housing Act Covers in Texas
Also known as Chapter 301 of the Government Code, this act is a law protecting persons from discrimination because of their race, color, religion, sex, national origin, disability, or familial status when they are trying to rent or buy real estate in the state of Texas.
Fair Housing Based on Familial Status
The act prohibits housing realated activities inequity based on familial status, meaning that a landlord or homeowner cannot discriminate and refuse to accept an applicant for your dwelling because they have children, legal custody, or are expecting a baby.
Fair Housing for People with a Physical or Mental Disability
The disabilities act also prohibits discrimination towards persons with disabilities, be it mental or physical disabilities that limit at least one major life activity, meaning that housing providers must make reasonable accommodations and reasonable modifications for persons with disabilities, like wheelchair ramps or grab bars in showers.
These reasonable accommodations will allow them the same access and full enjoyment of the rental dwellings as other tenants. If persons with disabilities do not have such accommodations made, they can contact the official government organization, the U.S. Department of Housing and Urban Development and make a fair housing complaint.
Landlords must look at the individual's qualifications and ability to pay rent, just as they would with any other tenant.
What the Fair Housing Act in Texas Doesn't Cover
This can be an important factor to consider when it comes to buying or renting a home and what it substantially limits. For example, the act does not cover marital status, income source, sexual orientation, certain criminal convictions, drug or illegal substance addiction, and the direct threat of harm. It is essential to understand these exclusions when purchasing or leasing a house or unit.
Furthermore, knowing what is not covered by the act can help you avoid potential housing discrimination during the sale or rental approval procedures, as well as different qualification criteria for tenants, and ensure that everyone is treated fairly.
It’s important to be aware of local laws and regulations related to fair housing, security deposits, and evictions in order to stay up-to-date with current statutes, ensure equal opportunity for all, and avoid discriminatory practices.
Being informed on these matters can make all the difference in a successful and safe real estate transaction that allows buyers or renters to exercise their fair housing right.
Texas Fair Housing Law Exemptions
The Fair Housing Act applies to the sale and rental of most dwellings in Texas, with certain reasonable modifications. These exemptions include single-family home sales without a broker or agent, owner-occupied housing with four or fewer units, religious groups and private organizations, appraisals, dwellings for older people, and maximum occupancies.
Certain Single-Family Houses
For single-family home sales that do not involve a real estate broker or agent, these transactions are exempt from the requirements of the act. This includes selling a home directly to an individual buyer without any assistance from a real estate licensee.
Owner-Occupied Buildings: Multi-family Dwellings with Four or Fewer Units
Multifamily, owner-occupied housing with four or fewer units is also exempt from provisions of the act when they are rented or sold by their owners. This exemption does not extend to dwellings owned by corporations or other entities.
Religious Groups and Private Clubs
Religious organizations and private clubs are exempt from certain fair housing provisions when they rent or sell dwellings that are either related to or used in connection with their activities, as long as such facilities contain no more than four units.
Housing for Older People
The fair housing act makes an exemption for housing designed and operated exclusively for persons 62 years of age or older, provided that the facilities meet certain criteria set forth in the law. This exemption applies to both the existing premises, as well as rental and sales transactions.
Appraisals
Appraisals for the purpose of obtaining financing for a particular building do not constitute a violation of the Fair Housing Act. Appraisers must still comply with all applicable laws and regulations regarding appraisals, including any state-specific fair housing requirements.
Maximum Occupancies
Finally, fair housing laws in Texas also has an exemption for maximum occupancies. Landlords can set occupancy limits that are reasonable and consistent with local health and safety standards, as long as these limits are applied equally to all tenants without regard to race or other protected characteristics.
However, this exemption does not apply if the landlord sets occupancy limits that would have a discriminatory effect or disproportionately impact certain groups of people based on their race or another protected status.
Fair Housing: Bottom Line
It is important for landlords and tenants alike to be familiar with the requirements of the Fair Housing Act in Texas in order to avoid discriminatory housing practives based on race, color, religion, sex, national origin, familial status, or disability, and potential violations of the law.
If you have questions about Texas landlord-tenant law, fair housing, or are looking for help managing your rental, contact McCourt Real Estate & Property Management! We are here to take care of all of your rental needs, and to help you stay
safely connected and legally compliant.
Disclaimer: Please do not use this blog post as a substitute for legal advice from a licensed attorney in Texas. Laws change frequently, and this post may not be updated at the time that you read it. Please contact us if you have any questions about Texas laws or anything else regarding your management needs.