When it comes to renting out your property, there are things you can and can’t do under fair housing laws. In addition to the federal Fair Housing Act, landlords are bound by the Texas Fair Housing Act, both of which prohibit discrimination based on protected characteristics. And while many landlords don’t follow these laws, it’s not worth the risk.
Here’s what you need to know about your fair housing obligations.
1. Know the protected classes
Under the federal Fair Housing Act, Texas landlords are prohibited from discriminating against people based on race, color, religion, national origin, sex, familial status, and disability. There are additional protected classes in certain cities, which include sexual orientation and gender identity. According to state laws, age and marital status are also protected.
Understanding who is protected from discrimination is the first step to complying with lawful rental practices in Texas. However, it’s easy to make mistakes. That’s why Texas property investors hire a property manager to handle applications, screening, and selection.
For instance, Green Residential, a full-service Apartment Property Management in Houston, helps Texas landlords stay compliant with fair housing laws by standardizing lease agreements, implementing consistent screening processes, and handling all tenant communications professionally. Their team is trained to spot potential legal pitfalls (like discriminatory language in listings or mishandled accommodation requests) before they become costly violations. If you haven’t hired a property manager, put that at the top of your to-do list.
2. Innocent ads can get you in trouble
Rental ads require more care than most landlords realize because what counts as discrimination isn’t always obvious. Even well-meaning phrases can be a violation. For example, it’s illegal to suggest any preference based on sex, race, religion, or familial status. That means you can’t describe your listing as “perfect for families with kids,” even if your neighborhood has great schools and parks.
Likewise, saying your apartment is “ideal for young professionals” may be seen as age discrimination. Instead, focus on objective features like nearby public transportation, walkability, and local amenities, and avoid implying who should live there. Neutral language will help keep you on the right side of the law.
3. Handle reasonable accommodations
Texas landlords are required to provide reasonable accommodations when requested, but only within reason. When you receive a request, it must be considered. For example, if someone needs a wheelchair ramp, you’ll need to accommodate that request. However, if your tenant requests a specific ramp that would cause you undue hardship, you can provide an alternative ramp that achieves the same goal.
4. Never retaliate
Retaliation is one of the fastest ways to end up in court, and it doesn’t take much for a tenant to claim they’ve been retaliated against. Landlords who punish tenants for asserting their rights risk expensive lawsuits. Retaliation can take many forms, including verbal arguments, sudden rent increases, and evictions, especially if any of these take place after a tenant requests repairs or exercises their rights.
Keep in mind that some tenants approach their landlords aggressively with even simple requests because they’re used to discrimination. Don’t match that energy. Stay calm, respond professionally, and avoid making decisions out of frustration.
Be aware of actions that can be considered retaliation even if they are unrelated. For example, if a tenant reports unsafe conditions or requests a reasonable accommodation, avoid raising the rent, reducing services, or initiating an eviction within six months. Even if it’s not retaliation, your tenant might file a lawsuit against you, and without thorough documentation proving otherwise, it will look like retaliation to the judge.
5. Know if fair housing exemptions apply
Some Texas landlords are exempt from state and federal fair housing laws. The exemptions include:
· Housing operated by private or religious organizations that limits occupancy to members
· Owner-occupied buildings with no more than four units
· Single-family homes rented by the owner without an agent
· Some senior housing
This covers many Texas landlords, and if you think the exemption applies to you, consult an attorney to fully understand your rights and responsibilities. Most tenants don’t know some properties are exempt from fair housing laws, so you can expect some backlash for legally rejecting applicants for having service animals, ESAs, and denying accommodation requests. Don’t rent your property without talking to a lawyer to get advice on how to handle potential disputes.
Play by the rules (if and when they are applicable)
Complying with federal, state, and local fair housing laws protects your investments and helps you build a sustainable rental business. From crafting neutral, inclusive ads to handling accommodation requests with care, a proactive approach reduces your risk, builds tenant trust, and protects your long-term profitability.