Understanding Fair Housing Laws: 
A Comprehensive Guide - Article Banner

You don’t want to violate a fair housing law. It’s expensive. It’s frustrating. It means investigators combing through your rental procedures and records.  

Fair housing laws are designed to protect tenants from discrimination and ensure equal access to housing for everyone. It doesn’t matter if you’re renting out one single-family home or an entire portfolio of apartments; it’s crucial to understand these laws to stay compliant, avoid costly legal issues, and create a respectful, inclusive rental environment.

State and Federal Fair Housing Laws

Fair housing laws originate from the federal Fair Housing Act of 1968, which prohibits discrimination in housing based on the following seven protected classes, which you should be familiar with as a rental property owner:

  1. Race
  2. Color
  3. National origin
  4. Religion
  5. Sex (including gender identity and sexual orientation)
  6. Familial status (families with children, pregnant women)
  7. Disability

In addition to federal law, Texas fair housing regulations, enforced by the Texas Workforce Commission Civil Rights Division, mirror these protections and sometimes add further guidance on how landlords should handle complaints and enforce tenant rights.

Common Violations Landlords Should Avoid

Even well-intentioned landlords can inadvertently violate fair housing laws. Here are some common pitfalls to avoid:

  • Discriminatory advertising. Phrases like “no kids,” “perfect for singles,” or “Christian home” can violate fair housing laws. Advertise your property by highlighting its features, not the type of tenant you’re looking for.
  • Inconsistent screening practices. Applying different criteria to different applicants, such as requiring higher credit scores from certain racial or ethnic groups, can be considered discriminatory.
  • Failure to accommodate disabilities. Landlords must make reasonable accommodations for tenants with disabilities, such as allowing service animals or installing grab bars in bathrooms.
  • Steering. Directing tenants to certain units or neighborhoods based on their race, national origin, or family status is illegal

Texas-Specific Considerations

While Texas law largely mirrors federal law, there are a few unique elements to be aware of:

  • Occupancy limits. Texas follows a general rule of no more than three adults per bedroom, but landlords must still accommodate families with children unless doing so would violate local safety codes.
  • Source of income. Although Texas does not recognize source of income as a protected class under state law, some cities (like Austin) have local ordinances that prohibit discrimination against renters using housing vouchers or other public assistance. The Fort Worth City Council is considering similar protections.

Best Practices for Compliance

To ensure you’re on the right side of the law, consider these practical steps:

  1. Standardize your application process. Use the same screening criteria for every applicant. Keep detailed records of application decisions.
  2. Document everything. Keep thorough records of communications, repairs, complaints, and accommodations.
  3. Stay updated. Housing laws can change, especially at the local level. Keep an eye on legislation and consider joining local landlord associations for updates and training opportunities.

If a tenant or applicant files a complaint against you, take it seriously. The Texas Workforce Commission or the U.S. Department of Housing and Urban Development (HUD) may investigate. Cooperate fully and consult a qualified attorney with experience in landlord-tenant law. 

Work with Property ManagerWorking with an experienced property manager can help you avoid fair housing risks. Let’s talk about how to protect your property, your procedures, and your reputation. Please contact us at Trend Property & Management. We’re here to help with all your Fort Worth property management needs, and provide services throughout the surrounding Tarrant, Parker, Johnson, Hood, and Denton counties.