Fair Housing basics every rental owner should know

Fair housing violations rarely look like discrimination in the moment. They look like a friendly, helpful remark.

The protected classes

Federal fair housing law protects race, color, religion, sex, national origin, familial status and disability. State and local law may protect additional classes, so check what applies where your property is.

"Familial status" is the one owners trip over most: it protects families with children under 18, and pregnant people.

Ordinary sentences that cause problems

• "This isn't really a good area for kids." — familial status
• "The upstairs unit might be hard for you." — disability, and a decision that is the applicant's to make
• "We prefer a quiet, mature tenant." — familial status and age
• "There's a great church right down the street." — religion, even as small talk
• "We've had trouble with people from…" — national origin

None of those require intent to cause a violation. They only require being said.

Advertising

Describe the property, never the ideal occupant. "Two bedrooms, fenced yard, near the expressway" is fine. "Perfect for a young professional couple" is not.

Apply written criteria identically

The protection for both you and the applicant is written selection criteria applied the same way to every person:

• Income multiple of rent
• Credit standard
• Rental history requirements
• A criminal history policy that is individualised and lawful
• Consistent documentation requirements

Then apply them consistently. Making an exception for someone you liked is precisely how a discrimination claim gets its evidence — because the next applicant, who did not get the exception, will notice.

Assistance animals are not pets

An assistance animal is not subject to pet policy, pet rent or pet deposits, and a "no pets" property still has obligations. Reasonable accommodation and modification requests have their own process. Handle them separately, confidentially, and get advice if you are unsure.

Screening providers do not remove your obligations

Using a third-party screening service does not transfer responsibility for a lawful, consistent process. It gives you consistent information. What you do with it is still yours.

This is general information, not legal advice. For guidance on your obligations, consult a Texas attorney familiar with fair housing law.