Fair Housing in Texas

If you’re considering a move to Texas, it’s essential to be aware of fair housing laws that protect your rights to buy, rent, or insure a home without discrimination. The Texas Fair Housing Act (TFHA) ensures that everyone has equal access to housing opportunities. In this guide, we’ll walk you through what fair housing entails, the protections offered by TFHA, and how to recognize and address housing discrimination.

What Is Fair Housing?

Fair housing is the principle that guarantees anyone the opportunity to buy, rent, or insure a home without facing discrimination based on race, color, religion, sex, national origin, familial status, or disability. Before the Fair Housing Act (FHA) of 1968, housing discrimination was prevalent, with individuals facing discrimination based on various factors. The FHA transformed the real estate market, making fair housing the standard.

Does Texas Have Fair Housing Laws?

Yes, Texas has its own fair housing law, the Texas Fair Housing Act (TFHA), which closely mirrors the federal FHA. The TFHA provides specific protections and is enforced by the Texas Workforce Commission’s Civil Rights Division, with support from the Texas Department of Housing and Community Affairs.

What the Texas Fair Housing Act Covers:

The TFHA safeguards your rights in various housing-related aspects, including:

1. Renting or buying a home.
2. Renting or buying vacant land.
3. Taking out a mortgage.
4. Buying property insurance.

Additionally, the TFHA prohibits discrimination based on:

1. Race.
2. Color.
3. Religion.
4. Sex.
5. National origin.
6. Familial status.
7. Disability.

Fair Housing Based on Familial Status:

Familial status pertains to your family situation, which includes being pregnant, a single parent, having children under 18, or seeking custody of minors.

Fair Housing for People With Disabilities:

The TFHA defines disability as a condition, either physical or mental, that significantly limits at least one major life activity. This protection extends to anyone residing in your home, such as a child, spouse, or adult relative.

What the Texas Fair Housing Act Doesn’t Cover:

While the TFHA provides substantial protections, there are exceptions and areas not covered by the law, including:

1. Marital status.
2. Income source.
3. Sexual orientation.
4. Certain criminal convictions.
5. Drug or substance addiction.
6. Threat of harm.

Texas Fair Housing Act Exemptions:

There are exceptions to the TFHA, including:

1. Certain Single-Family Home Sales: Sellers or landlords with fewer than four dwellings, selling less than four dwellings in two years, without a real estate agent or advertising, have exemptions.
2. Owner-Occupied, Multifamily Homes: Buildings with four or fewer units where the owner resides can have specific exemptions.
3. Religious Groups and Private Clubs: Certain religious groups and private clubs have exemptions for the sale or rental of dwellings.
4. Appraisals: Property appraisers must not misrepresent property values in a discriminatory manner.
5. Housing for Older People: Housing communities designed for seniors have specific exemptions regarding family status.
6. Maximum Occupancies: Safety regulations on maximum occupancy can be enforced.

Recognizing Discriminatory Housing Practices:

It’s crucial to be aware of housing discrimination, which can occur in rental, sale, or transaction scenarios. This may involve:

1. Refusing to rent or sell based on protected characteristics.
2. Offering different terms or facilities.
3. Using discriminatory advertising.
4. Restricting reasonable modifications for disabled individuals.

Filing a Housing Discrimination Complaint in Texas:

If you suspect housing discrimination, you have two options:

1. Filing a Complaint with the TWC:

   • Submit a written complaint within one year.
   • The TWC investigates, recommends solutions, and may hold a hearing.

2. Suing in Civil Court:

   • You can ask the TWC to help you sue in court or file a lawsuit independently within two years of alleged discrimination.

Texas Fair Housing Act Penalties:

Violations of the TFHA can lead to severe penalties, including monetary fines, damages, attorney fees, and court costs.

Conclusion:

Understanding fair housing laws is crucial when navigating the Texas housing market. With the protections offered by the Texas Fair Housing Act, you can confidently pursue your housing goals without fear of discrimination. Should you encounter any issues, know that there are avenues for recourse to ensure your rights are upheld.