Every person has the right to fair housing, regardless of disability. This principle is clearly established in the Fair Housing Act, yet many landlords still fall short of compliance. According to the National Fair Housing Alliance’s 2022 Fair Housing Trends Report, disability discrimination was the top reason for housing complaints, making up 53.26% of all cases filed nationwide.
In Texas, this often occurs when landlords refuse to rent, deny reasonable accommodations, or impose stricter terms. Avoiding disability discrimination in Texas rentals fulfills FHA requirements and also protects landlords from lawsuits. It helps preserve reputations and builds more welcoming rental communities.
At Terra Residential, we help Texas landlords stay fully compliant with the Fair Housing Act, including its disability provisions. Our team has outlined everything you need to know to protect your business, support tenants with disabilities, and create fair rental practices. Continue reading to learn practical steps for avoiding disability discrimination in your rental.
Key Takeaways
- Disability is the most common fair housing issue, accounting for over half of complaints nationwide.
- Landlords must honor reasonable accommodations and modifications to ensure equal housing access.
- Clear policies, staff training, and consistent practices are the best safeguards against violations.
- FHA compliance protects landlords from costly penalties while fostering inclusive communities.
Disability Discrimination Protection in Texas
The Fair Housing Act (FHA) shields individuals from housing discrimination based on disability, along with race, color, religion, sex, national origin, and familial status.
Texas fair housing laws reflect these same protections, with enforcement carried out by the U.S. Department of Housing and Urban Development (HUD) and the Texas Workforce Commission Civil Rights Division at the state level.
These laws ensure that people with disabilities have equal access to housing opportunities without unfair barriers.
Prohibited Practices Related to Disability
Discrimination against individuals with disabilities can occur in several ways; many are explicitly prohibited under federal and state law:
- Refusal to Rent or Sell: Denying housing or refusing to negotiate with someone due to a disability.
- Discriminatory Screening: Asking about disability status during applications or using it as a factor in approval decisions.
- Advertising Restrictions: Publishing ads that discourage or exclude applicants with disabilities.
- Unequal Terms or Services: Imposing stricter rental conditions, misrepresenting unit availability, or denying services because of disability.
Examples of Disability Discrimination
To better understand how these rules apply in practice, here are common scenarios that constitute illegal housing discrimination:
- Rejecting tenants with service or assistance animals.
- Refusing to provide accessible parking or ground-floor units to applicants with mobility impairments.
- Denying reasonable modifications such as grab bars, ramps, or other accessibility features.
- Evicting tenants whose harmless behaviors stem from mental health conditions, such as avoiding social interaction due to anxiety.
- Ignoring environmental hazards like mold that disproportionately affect tenants with respiratory disabilities.
Disability Rights Under Texas Law
Beyond the general protections provided under the Fair Housing Act and Texas fair housing laws, individuals with disabilities have specific rights that directly affect their rental experience. These rights focus on ensuring accessibility, equal treatment, and the ability to request accommodations or modifications that allow for full use and enjoyment of a home.
Reasonable Accommodations and Modifications
Landlords in Texas are required to provide reasonable accommodations, which involve policy or procedural changes that give tenants with disability equal access to housing. Some examples include offering reserved parking spaces or adjusting rent payment dates.
Tenants are also entitled to request reasonable modifications, such as ramps or grab bars, that make housing accessible. While landlords must permit these modifications, tenants typically pay the associated costs.
Requests can only be denied if they create an undue financial or administrative burden or fundamentally alter the housing provider’s business.
Landlord Obligations to Tenants with Disabilities
Landlords have a legal responsibility to ensure their properties remain accessible and inclusive for renters with disabilities.
Proactive Management Practices
Landlords should track all accommodation and modification requests, maintain consistency in responses, and periodically review policies to align with disability protections. Encouraging staff to seek expert guidance when uncertain further minimizes compliance risks.
Prohibited Conduct
Landlords must avoid any form of harassment, coercion, or intimidation directed at residents with disabilities. Also, retaliating against tenants who file complaints or assist with investigations is strictly prohibited and may trigger further legal consequences.
Legal and Financial Consequences
Failure to meet obligations can be costly. Consequences may include orders to rent to the complainant, reimbursement of higher housing costs, and compensatory damages for humiliation or emotional distress.
Civil penalties can reach $25,597 for a first violation in 2024, alongside attorney’s fees and, in serious cases, punitive damages.
Preventing Disability Discrimination: Best Practices for Landlords
To prevent disability discrimination and promote fair housing, landlords should adopt proactive measures that prioritize fairness, compliance, and accountability.
Policies and Procedures
Start with clear, nondiscriminatory tenant selection criteria and apply them consistently. Document all tenant accommodation requests and your responses to ensure transparency.
Training and Oversight
Regularly train managers and staff on fair housing obligations, emphasizing disability rights and reasonable accommodations.
Conduct self-audits of advertising, screening practices, and tenant communications to identify and correct risks before they become violations.
Handling Complaints
Take all tenant complaints seriously. Investigate issues promptly, communicate respectfully, and seek legal guidance when needed. Avoid dismissive responses, as these can escalate matters to hearings or lawsuits.
Legal Preparedness
Work with fair housing attorneys to stay updated on evolving regulations. By treating compliance not only as a legal requirement but also as a safeguard for reputation and finances, landlords foster inclusive housing communities while reducing legal risk.
Handling Housing Discrimination Complaints in Texas
Tenants who believe their rights have been violated may submit their complaints either to the U.S. Department of Housing and Urban Development (HUD) or the Texas Workforce Commission, but not both, since filing with both agencies would duplicate investigations and delay resolution.
Complaints must be filed within one year, though tenants may also bring a federal lawsuit within two years. Once filed, agencies typically attempt conciliation first, aiming for settlements or rental adjustments. If no agreement is reached, the case may proceed to hearings or court.
Landlords often make costly mistakes that can significantly weaken their defense, such as dismissing tenant concerns, refusing to cooperate with investigators, or neglecting proper documentation.
Building Inclusive and Compliant Rental Practices
Landlords in Texas can avoid costly violations by honoring accommodation and modification requests, maintaining clear policies, and investing in training. Since disability discrimination is the leading fair housing issue, meeting compliance standards is not just a necessity but also an opportunity.
Treating inclusivity as a legal obligation and business strength fosters trust, protects investments, and creates more sustainable rental communities.
Partner with Terra Residential to build stronger tenant relationships while staying fully compliant. Contact us today for a free rental analysis and discover how inclusive practices attract reliable, long-term renters!
FAQs
1. What is considered disability discrimination in Texas rentals?
Discrimination can include refusing to rent, imposing stricter terms, denying reasonable accommodations or modifications, and misrepresenting unit availability due to a tenant’s disability. Advertising that discourages applicants with disabilities is also prohibited.
2. What are a landlord’s obligations under disability laws?
Landlords must maintain accessible properties, respond consistently to accommodation requests, avoid harassment or retaliation, and ensure staff are trained on fair housing and disability rights. Failure can result in fines, compensatory damages, or legal penalties.
3. How should tenants file a disability discrimination complaint in Texas?
Tenants may file complaints with HUD or the Texas Workforce Commission within one year of the incident, but not both. Agencies first attempt conciliation, and unresolved cases may proceed to hearings or court.
4. How can landlords prevent disability discrimination?
Landlords can prevent discrimination by maintaining clear, nondiscriminatory policies, documenting all accommodation requests, training staff on fair housing laws, and promptly addressing tenant complaints. Regular self-audits and legal guidance also help minimize compliance risks.
