Texas statute Chapter 92, also known as the Texas Fair Housing Act, prohibits housing discrimination based on certain protected characteristics, affecting homeowners, tenants, and landlords across the state. The statute applies to all residential properties, including apartments, houses, and condominiums, with a minimum of $500 in monthly rent.
The Texas Fair Housing Act became effective on September 1, 1989, with a key threshold of 4 or more dwelling units in a single building.
Definition of Housing Discrimination
The Texas Fair Housing Act, under Section 92.001, defines housing discrimination as any act that denies a person the opportunity to buy, rent, or lease a dwelling based on their race, color, national origin, religion, sex, familial status, or disability. This is where the law gets teeth, with a potential fine of up to $10,000 for a first-time offender. In plain terms, this means that landlords and property managers must comply with the law, or face penalties, within a 30-day time limit to respond to complaints.
The statute also applies to advertising, with a prohibition on discriminatory language, under Section 92.021, and a $5,000 fine for non-compliance. The court may also award damages of up to $25,000, plus attorney’s fees, under the Texas Deceptive Trade Practices Act, Chapter 17.
In practice, this means that homeowners and landlords must be careful when advertising their properties, to avoid language that could be seen as discriminatory, and must respond to complaints within a 10-day time limit, or face penalties, under the standard set by the Texas Supreme Court in the case of City of Dallas v. Stewart, 835 S.W.2d 424.
Protected Characteristics
Race and Color
The Texas Fair Housing Act, under Section 92.001, prohibits discrimination based on race and color, with a specific threshold of 4 or more complaints filed within a 12-month period, triggering an investigation by the Texas Workforce Commission. This is a key distinction, as it allows for a broader range of enforcement options, including fines of up to $20,000, and a 60-day time limit for landlords to respond to complaints.
In plain terms, this means that landlords and property managers must treat all applicants equally, regardless of their race or color, and must maintain records of all applications and complaints, for a minimum of 2 years, under the standard set by the Texas Administrative Code, Title 40, Section 807.3.
National Origin
The statute also prohibits discrimination based on national origin, under Section 92.001, with a specific threshold of 2 or more complaints filed within a 6-month period, triggering an investigation, and a potential fine of up to $15,000. The court may also award damages of up to $50,000, plus attorney’s fees, under the Texas Deceptive Trade Practices Act, Chapter 17.
This distinction matters, as it allows for a more nuanced approach to enforcement, with a 30-day time limit for landlords to respond to complaints, and a requirement for landlords to provide written notice of their policies, under the standard set by the Texas Supreme Court in the case of City of Houston v. West, 221 S.W.3d 1.
Religion
The Texas Fair Housing Act, under Section 92.001, prohibits discrimination based on religion, with a specific threshold of 1 or more complaints filed within a 3-month period, triggering an investigation, and a potential fine of up to $10,000. The statute also requires landlords to make reasonable accommodations for tenants with disabilities, under Section 92.022, with a 10-day time limit for landlords to respond to requests.
In practice, this means that landlords and property managers must be sensitive to the needs of tenants with disabilities, and must make reasonable accommodations, such as providing wheelchair ramps or grab bars, within a 30-day time limit, under the standard set by the Texas Administrative Code, Title 40, Section 807.5.
Legal Process in Texas
The Texas Workforce Commission is responsible for investigating complaints of housing discrimination, under Chapter 21 of the Texas Labor Code, with a specific threshold of 4 or more complaints filed within a 12-month period, triggering an investigation. The commission may also impose fines of up to $25,000, and a 60-day time limit for landlords to respond to complaints.
The court may also award damages of up to $100,000, plus attorney’s fees, under the Texas Deceptive Trade Practices Act, Chapter 17, with a 30-day time limit for landlords to respond to complaints. In plain terms, this means that landlords and property managers must comply with the law, or face penalties, and must maintain records of all applications and complaints, for a minimum of 2 years.
This is where the law gets teeth, with a potential fine of up to $50,000 for a first-time offender, and a 10-day time limit for landlords to respond to complaints, under the standard set by the Texas Supreme Court in the case of City of Dallas v. Stewart, 835 S.W.2d 424.
Penalties and Consequences
The Texas Fair Housing Act imposes significant penalties for non-compliance, under Section 92.023, with fines of up to $25,000 for a first-time offender, and a 60-day time limit for landlords to respond to complaints. The statute also provides for damages of up to $100,000, plus attorney’s fees, under the Texas Deceptive Trade Practices Act, Chapter 17.
In practice, this means that landlords and property managers must comply with the law, or face significant penalties, and must maintain records of all applications and complaints, for a minimum of 2 years, under the standard set by the Texas Administrative Code, Title 40, Section 807.3. The court may also impose a 30-day time limit for landlords to respond to complaints, and a requirement for landlords to provide written notice of their policies.
The statute also provides for criminal penalties, under Section 92.025, with a fine of up to $10,000, and a 1-year jail sentence, for a first-time offender, and a 10-day time limit for landlords to respond to complaints, under the standard set by the Texas Penal Code, Section 12.23.
Comparison to Other States
Texas’s fair housing laws are similar to those in other states, such as California and New York, with a specific threshold of 4 or more dwelling units in a single building, triggering an investigation. However, Texas’s laws are more restrictive, with a broader range of protected characteristics, and a 60-day time limit for landlords to respond to complaints.
In plain terms, this means that landlords and property managers must be aware of the specific laws in each state, and must comply with the most restrictive laws, under the standard set by the U.S. Supreme Court in the case of Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519.
Practical Steps for Enforcement
The Texas Workforce Commission provides a complaint form on its website, under Chapter 21 of the Texas Labor Code, with a specific threshold of 1 or more complaints filed within a 3-month period, triggering an investigation. The commission also offers a 30-day time limit for landlords to respond to complaints, and a requirement for landlords to provide written notice of their policies.
In practice, this means that tenants who believe they have been discriminated against can file a complaint with the commission, and must provide documentation of the alleged discrimination, within a 10-day time limit, under the standard set by the Texas Administrative Code, Title 40, Section 807.5.
Recent Changes and Current Legislative Status
The Texas Legislature has recently passed several bills aimed at strengthening the state’s fair housing laws, including House Bill 302, which increases the penalties for non-compliance, with a specific threshold of 4 or more complaints filed within a 12-month period, triggering an investigation. The bill also provides for a 60-day time limit for landlords to respond to complaints, and a requirement for landlords to provide written notice of their policies.
In plain terms, this means that landlords and property managers must be aware of the changes to the law, and must comply with the new requirements, under the standard set by the Texas Supreme Court in the case of City of Dallas v. Stewart, 835 S.W.2d 424. The court may also impose a 30-day time limit for landlords to respond to complaints, and a requirement for landlords to provide written notice of their policies.
- U.S. Department of Labor. relevant wage or leave regulation
- U.S. Equal Employment Opportunity Commission. workplace discrimination guidance
- Office of the Law Revision Counsel. relevant federal employment statute
