Texas Fair Housing Act: An Overview
The Fair Housing Act prohibits housing discrimination based on specific protected traits. This article, by Azure Sky Realty, emphasizes the significance of ensuring fair treatment for all potential tenants in Texas. Understanding and adhering to these laws not only protects tenants' rights but also shields landlords from legal repercussions and fosters inclusive communities.
Understanding Fair Housing Laws
Established in 1968, the Federal Fair Housing Act forbids discrimination on grounds of color, race, religion, national origin, sex, familial status, and disability. Fair Housing principles aim to provide equal opportunity for all individuals to access housing without facing discrimination.
The U.S. Department of Housing and Urban Development (HUD) and the Texas Workforce Commission are the primary agencies responsible for enforcing fair housing laws in Texas.
Identifying Prohibited Forms of Discrimination
Watch out for indicators such as selective advertising, unequal treatment during the application process, or discriminatory rental terms. The following are examples of acts prohibited under the Fair Housing Laws:
Race: Refusing to rent to someone based on their race or ethnicity. If, despite meeting all the criteria and having excellent references, a landlord denies the application solely based on ethnicity, this action constitutes racial discrimination.
Religion: Denying housing opportunities to individuals because of their religious beliefs. Landlords shouldn’t ask leading questions about a person’s religion during the application process. Furthermore, decisions regarding who to lease the property to should be based on their qualifications, not their religious beliefs.
National Origin: Treating individuals unfavorably due to their country of origin or ancestry. Landlords in Texas should treat all tenants equally, setting standing screening and leasing procedures to ensure that no tenants a discriminated against.
Gender: Discriminating against individuals based on their gender identity or expression. By refusing housing or setting different rental terms based on the tenant's gender identity, a landlord is engaging in gender-based discrimination.
Family Composition: Refusing to rent to families with children or treating them differently. You cannot charge families more in rent and security deposits, or refuse them an available unit based on their familial status.
Disability: Neglecting to offer reasonable accommodations for individuals with disabilities. Landlord must make reasonable accommodations such as installing grab bars in the bathroom or widening doorways to accommodate wheelchairs.
Understanding Exceptions to Federal Fair Housing Rules
Certain exemptions exist for owner-occupied buildings with four or fewer units, single-family homes sold or rented without the use of a broker, and religious organizations providing housing to members.
Tips for Adhering to Fair Housing Laws
Let's explore best practices for rental management, focusing on fostering inclusive housing environments and abiding by landlord-tenant laws:
Accommodating Individuals with Disabilities: Make reasonable accommodations for tenants with disabilities, such as installing grab bars or allowing service animals.
Managing Occupancy Limits: Set reasonable occupancy limits based on factors like unit size, building codes, and local regulations.
Insights on Renting to Families with Children: Avoid policies that discriminate against families with children, such as limiting the number of occupants per unit.
Establish Standard Procedures: By having and adhering to standard procedures, landlords can ensure that all tenants are being treated equally and fairly, thus reducing the risk of housing discrimination claims.
Promptly Address Issues: Whenever tenants reach out with maintenance requests or concerns make sure to get back to them promptly with the necessary arrangements.
Keep Records: Making sure that you keep thorough documentation of all requests, inspections, screenings, lease amendments, eviction notices, and tenant communication can help landlords stay organized and protect their rental business.
Strategies for Landlords to Promote Fair Housing:
There are many steps property owners in the state of Texas can take to ensure that they respect the regulations of the Fair Housing Act. Consider the following practices to help adhere to the Texas Fair Housing Laws:
Ethical Advertising Practices: Refrain from using language or images that might discourage specific groups from submitting applications. This can include overtly exclusionary language or even showing a preference for one group over another.
Equitable Application Processes: Treat all applicants consistently and fairly, without bias by having consistency in your rental operations.
Inclusive Screening Methods: Use objective criteria when screening applicants, focusing on factors directly related to their ability to pay rent and maintain the property.
Fair Pricing Policies: Set rental rates based on factors like market value and property condition, not on the applicant's characteristics.
Ensuring Equal Access to Housing: Make sure all potential tenants have equal access to information about available properties and the application process.
Providing Necessary Accommodations: Be willing to provide reasonable accommodation for tenants with disabilities to ensure equal access to housing.
Upholding Principles of Fair Housing: Train staff members on Fair Housing Laws and regularly review policies and procedures to ensure compliance. Note that Fair Housing Policies can be subject to change so it’s important to stay informed.
Bottom Line
Complying with fair housing laws is essential for landlords in Texas to create inclusive communities and avoid legal consequences. Azure Sky Realty can assist landlords in navigating these regulations by providing training, resources, and support to ensure fair and equitable treatment for all tenants. By upholding the principles of fair housing, landlords can build positive relationships with tenants, reduce turnover, and contribute to vibrant and diverse neighborhoods.
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.
