Legal & TaxQuestion 66
What Are Fair Housing Laws for Houston Landlords?
Federal fair housing laws prohibit discrimination based on race, color, religion, sex, national origin, disability, and familial status in all Houston rental activities.
Fair housing violations carry severe penalties — fines up to $100,000+ and lawsuits. Every Houston landlord must understand and strictly follow these laws in advertising, screening, leasing, and property management.
- Federal protected classes: The Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, disability, and familial status (families with children under 18). These apply to all Houston rental activities.
- Advertising: Never include language that suggests preference or exclusion. Avoid phrases like "perfect for young professionals," "Christian neighborhood," or "no children." Describe the property, not the ideal tenant.
- Screening consistency: Apply the same screening criteria to every applicant — credit score minimums, income requirements (typically 3x rent), background check standards. Document your criteria in writing before you begin taking applications.
- Disability accommodations: You must allow reasonable modifications to the property (at tenant's expense) and provide reasonable accommodations in rules/policies (e.g., allowing a service animal in a no-pet property).
- Familial status: You cannot refuse to rent to families with children or charge them more, except in qualifying senior housing communities.
Bottom Line
Fair housing compliance is non-negotiable. Create standardized screening criteria, use consistent advertising language, and treat every applicant identically. When in doubt, consult a Houston real estate attorney — the cost of a violation far exceeds the cost of legal advice.