As a landlord in the Texas community, you should be familiar with Fair Housing and how it affects your business? Understanding this important law is crucial to protecting yourself and your tenants. The Fair Housing Act sets clear rules to prevent discrimination and ensure equal housing opportunities for everyone.
Knowing what’s allowed and what’s not can help you avoid costly mistakes and legal issues.
Introduction to The Fair Housing Act
Similarly to the landlord-tenant law, the Act, fair housing law, is a law that protects people from housing discrimination while you rent or buy homes. It ensures everyone has equal access to housing, regardless of race, color, religion, sex, disability, family status, or national origin. As a landlord, it's important to follow these rules to avoid legal issues.
What is Prohibited Under the Fair Housing Act in Texas?
Here’s what is prohibited under the Fair Housing Act in Texas:
Discrimination Based on Protected Classes
The fair housing act prohibits treating someone differently in housing because of their race, color, religion, sex, national origin, disability, or familial status (like having children). As a landlord, you must ensure that everyone has equal assistance and opportunities for your property, regardless of these characteristics, race, color, religion, sex, national origin, to comply with federal and state laws in order to avoid any housing discrimination issues.
Refusal to Rent or Sell
Under the fair housing act landlords cannot refuse to rent or sell a property to someone solely because they belong to a protected class.
For example, you cannot deny an applicant based on their ethnicity or because they have children. Refusal based on these factors is a clear violation of the Fair Housing Act.
Unequal Terms and Conditions
It’s against the fair housing law to set different lease terms, conditions, or privileges based on a tenant's race, religion, disability, or other protected characteristics. This includes charging higher deposits, offering shorter lease terms, or limiting access to amenities. All tenants must be treated equally under the same criteria.
Discriminatory Advertising
Advertising that suggests a preference or restriction based, on multiple listing service, on protected characteristics or community is prohibited.
For example, using phrases like "No children allowed" or "Ideal for single professionals" in unit ads can be considered discriminatory. All advertisements must be inclusive and welcoming to all potential renters to avoid legal issues.
Denial of Reasonable Accommodations
If a tenant with a disability requests a reasonable accommodation, such as a wheelchair ramp or a service animal, landlords are required to provide it unless it causes undue hardship, under the fair housing act. Ignoring these requests or refusing to make reasonable changes to accommodate a tenant’s needs violates the Fair Housing Act.
Harassment or Retaliation
It’s illegal to harass tenants or retaliate against them for exercising their rights under the Fair Housing Act. This includes actions like raising the rent, evicting tenants, or making threats because a tenant filed a complaint or reported housing discrimination. Treating tenants fairly and respectfully is essential to comply with fair housing laws.
Tenants with Disabilities Have Certain Extra Protections
Leasing to tenants with disabilities requires landlords to follow specific guidelines to ensure equal access to housing. The Act and Texas law protect tenants with disabilities and make it against the law to discriminate against them. Here are some key points to keep in mind:
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Reasonable Accommodations: Landlords must make reasonable accommodations to policies, rules, or services that allow tenants with disabilities to live comfortably. For example, allowing a service animal in a "no pets" property or providing accessible parking.
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Modifications to the Property: Tenants with disabilities have the right to make reasonable modifications to their rental unit, such as installing grab bars or ramps, at their own expense. As a landlord, you can require that the unit be restored to its original condition when the tenant moves out.
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Accessible Communication: When communicating with tenants in your rental community, who have disabilities, it's important to be flexible. For example, providing written notices in large print or offering alternative ways to communicate can help meet their needs.
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Fair Treatment: Treat all tenants equally and avoid any actions or statements that could be seen as housing discrimination based on protected classes such as national origin. Asking questions about a tenant's disability or their need for service animals is generally not allowed, except to verify the need for accommodation if it's not obvious.
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Service Animals and Emotional Support Animals: Texas law and the Federal Fair Housing Act require landlords to allow service animals and emotional support animals for tenants with disabilities, even if your property has a "no pets" policy. No extra fees or security deposits can be charged for these animals.
Bottom Line
Understanding the housing and community affairs act in Texas is essential for landlords who want to manage their properties fairly and legally. By following these guidelines, you’ll create a more welcoming environment for all tenants and avoid any potential legal pitfalls.
Remember, staying compliant not only protects your business but also builds trust with your tenants. If managing these responsibilities feels overwhelming, consider partnering with a professional.
Abilene Leasing & PM can help you handle all aspects of property management, ensuring that your rentals operate smoothly and in full compliance with the law. Let the experts take care of the details so you can focus on growing your investments!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.