The Texas Fair Housing Act, codified at Texas Property Code Chapter 301 (which Section 301.001 provides may be cited as the Texas Fair Housing Act), prohibits discrimination in housing on most of the same grounds as the federal Fair Housing Act. For DFW landlords, the Texas FHA applies alongside the federal FHA across the metro, and several DFW cities have added ordinance overlays that supplement the state-and-federal floor (though Texas Local Government Code § 250.007 bars Texas cities from requiring landlords to accept federal housing vouchers, so no Texas city can compel Section 8 acceptance outside a narrow veteran carve-out). The state and federal frameworks largely parallel each other, but enforcement happens through different channels: the federal FHA through HUD and federal courts, the Texas FHA through the Texas Workforce Commission Civil Rights Division and state courts. Most Texas housing discrimination claims can be pursued under either or both frameworks, and tenants and their attorneys often choose strategically based on the procedural and remedy differences. Below, we work through how the Texas FHA actually operates: the protected classes, the enforcement mechanism, and the interaction with the federal FHA.
The basic Texas FHA framework
The Texas Fair Housing Act, codified at Property Code Chapter 301, prohibits discrimination in:
The sale or rental of housing.
The terms, conditions, or privileges of the sale or rental.
The provision of services or facilities in connection with the sale or rental.
Advertising or making any statement that indicates a preference, limitation, or discrimination.
Representations about availability.
Inducement to sell or rent through allegations about the entry of protected-class persons (blockbusting).
The Texas FHA largely tracks the federal FHA’s substantive prohibitions. Conduct prohibited by the federal FHA is typically also prohibited by the Texas FHA.
Protected classes under Texas FHA
The Texas FHA covers the same federally protected classes as the federal FHA:
- Race.
- Color.
- Religion.
- National origin.
- Sex.
- Familial status (presence of children, pregnancy, etc.).
- Disability.
Some Texas cities (Dallas, Austin, Fort Worth in some contexts) have local ordinances that add protections beyond the federal-state baseline:
- Sexual orientation.
- Gender identity.
- Source of income (in some cities).
- Marital status (in some cities).
- Veteran status (in some cities).
The Texas FHA itself does not include sexual orientation, gender identity, or source of income as state-level protected classes (as of current writing). Local ordinances supplement the state framework.
Texas Workforce Commission Civil Rights Division
The Texas FHA is administered and enforced by the Texas Workforce Commission Civil Rights Division (TWC CRD). The TWC CRD:
Receives discrimination complaints.
Investigates complaints to determine whether reasonable cause exists to believe discrimination occurred.
Attempts conciliation between the parties.
Issues findings (cause or no cause).
Refers cases to the Texas Attorney General for litigation in some cases.
Coordinates with HUD on dual-filed complaints.
The TWC CRD process parallels the HUD process for federal complaints. Many complaints are dual-filed with both agencies, with the agencies coordinating to avoid duplication.
The complaint process
A typical Texas FHA complaint:
Complainant files complaint within one year of the alleged discriminatory act (the federal FHA has the same one-year filing deadline).
TWC CRD acknowledges receipt and investigates. Investigation typically takes several months.
Investigation includes interviews, document review, and other fact-gathering. Both complainant and respondent participate.
TWC CRD attempts conciliation. The parties may settle the complaint at any point.
TWC CRD issues findings: reasonable cause to believe discrimination occurred (or no reasonable cause).
If cause is found, the case may proceed to litigation or further administrative process.
If no cause is found, the complaint is dismissed (the complainant can still pursue private litigation if the limitations period hasn’t expired).
The complainant can also pursue private litigation directly, without going through the TWC CRD process. The election between administrative and judicial paths is strategic.
Remedies under Texas FHA
The Texas FHA provides several remedies for prevailing complainants:
Injunctive relief: orders requiring the respondent to cease the discriminatory conduct and take corrective actions.
Compensatory damages: actual damages caused by the discrimination, economic damages, emotional distress, etc.
Punitive damages: available in some cases for malicious or reckless discrimination.
Civil penalties: the state can seek civil penalties in cases referred to the Attorney General.
Attorney’s fees: available for prevailing complainants.
Court costs.
The remedies are similar to those available under the federal FHA, though procedural details differ.
Comparison with federal FHA
Substantive coverage: largely the same. Both statutes prohibit similar conduct on similar grounds.
Procedural framework: parallel but different.
- Federal FHA: HUD complaints, HUD Office of Administrative Law Judges, federal court litigation.
- Texas FHA: TWC CRD complaints, Texas state court litigation.
Filing deadlines: same one-year deadline in most cases.
Coverage: Texas FHA generally has somewhat broader coverage in some respects (some property types, some specific situations) but both apply to most Texas residential housing.
Remedy availability: similar, with some procedural and amount differences.
For complainants, the choice between federal and state pathways is strategic:
- Federal FHA: HUD enforcement, federal court remedies.
- Texas FHA: TWC CRD enforcement, Texas state court remedies.
Most complaints are dual-filed to preserve all options.
Common Texas FHA claims
Race or national origin discrimination: refusal to rent, different terms, harassment, segregation patterns.
Disability discrimination: refusal of reasonable accommodations, refusal of reasonable modifications, different terms based on disability.
Familial status discrimination: refusal to rent to families with children, restrictions on children, “adults only” policies (with limited senior housing exceptions).
Sex discrimination: sexual harassment, different treatment based on sex, refusal to rent based on sex (rare but occurs).
Religion: refusal based on religious affiliation or practices.
Other classes: specific patterns of discrimination based on protected classes.
Sexual orientation and gender identity
The Texas FHA itself does not include sexual orientation or gender identity as state-level protected classes. However:
Federal FHA. Some federal court decisions have interpreted the federal FHA’s prohibitions on sex discrimination to include sexual orientation and gender identity discrimination. This area of law continues to develop.
Local ordinances. Several Texas cities (Dallas, Fort Worth, Austin, San Antonio in some contexts) have local ordinances that include sexual orientation and gender identity as protected classes for housing.
HUD interpretive guidance. HUD has issued guidance interpreting the federal FHA’s sex discrimination provisions to include sexual orientation and gender identity discrimination.
The interaction between federal interpretation, local ordinances, and the absence of state-level protection is complex. Landlords with properties in DFW cities should consult applicable local ordinances.
Reasonable accommodations and modifications
The reasonable accommodation and modification framework under the Texas FHA mirrors the federal FHA. See the FHA Reasonable Accommodation page for the detailed framework. Key points:
Both Texas FHA and federal FHA require reasonable accommodations and modifications.
Engaging in the interactive process is best practice, but the FHA does not expressly require it (courts are split, and only a minority impose it as a standalone duty); liability turns on whether a reasonable accommodation was actually denied.
The narrow exceptions (undue burden, fundamental alteration) apply under both.
Documentation requirements are similar.
Most accommodation cases can be pursued under either framework or both.
Recordkeeping that matters
To defend against Texas FHA claims:
Standardized application processes. Apply the same procedures to all applicants.
Documented criteria. Specific objective criteria for screening decisions.
Contemporaneous documentation. Application records, screening results, decisions, and reasons.
Consistent enforcement. Apply lease provisions consistently to all tenants.
Training. Property managers and leasing staff trained on fair housing requirements.
Address complaints. Investigate complaints internally before they become formal discrimination charges.
Documentation matters because discrimination claims often turn on the comparison between how the complainant was treated and how others were treated. Without contemporaneous documentation, the comparison is hard to establish (or to defend against).
Common Texas FHA mistakes
Inconsistent application of policies. Applying different standards to different applicants supports discrimination claims.
Discriminatory advertising. Advertisements indicating preferences (e.g., “perfect for couples without children,” “ideal for Christian family”) can support FHA claims.
Categorical refusals. Categorical refusal of any specific group, even if not framed in terms of protected classes, can support claims.
Selective screening. Conducting more thorough screening of certain applicants than others can support discrimination claims.
Disparate impact. Policies that appear neutral but have a disparate impact on protected classes can be challenged.
Documentation gaps. Without contemporaneous documentation of legitimate business reasons, the landlord’s defense is weaker.
Failure to address tenant complaints. Tenant complaints about discrimination by staff or other tenants should be investigated and addressed.
Local ordinance non-compliance. DFW cities with additional protected classes (sexual orientation, gender identity, source of income) require additional compliance.
Frequently Asked Questions
What is the Texas Fair Housing Act?
The state law prohibiting housing discrimination, codified at Texas Property Code Chapter 301. Prohibits discrimination based on race, color, religion, national origin, sex, familial status, and disability.
How does the Texas FHA compare to the federal FHA?
Substantively similar, both statutes prohibit similar conduct on similar grounds. Procedurally different: federal through HUD and federal courts; Texas through Texas Workforce Commission Civil Rights Division and state courts.
Who enforces the Texas FHA?
The Texas Workforce Commission Civil Rights Division (TWC CRD) administers and enforces the Texas FHA. Complaints can be filed with the TWC CRD; many complaints are also dual-filed with HUD.
What are the protected classes under Texas FHA?
Race, color, religion, national origin, sex, familial status, and disability. Some Texas cities have local ordinances adding sexual orientation, gender identity, source of income, marital status, and veteran status. The Texas FHA itself does not include these.
What is the filing deadline?
Generally one year from the alleged discriminatory act. Same as the federal FHA.
What remedies are available?
Injunctive relief, compensatory damages, punitive damages (in some cases), civil penalties (in cases referred to the Attorney General), attorney's fees, and court costs.
Should a complainant file with TWC, HUD, or both?
Most complaints are dual-filed to preserve all options. The agencies coordinate to avoid duplication. The choice between administrative and private litigation paths is strategic.
Does the Texas FHA include sexual orientation as a protected class?
The Texas FHA itself does not include sexual orientation or gender identity. However, federal FHA interpretation, HUD guidance, and several DFW city ordinances include these protections. This area of law continues to develop.
How does the Texas FHA reasonable accommodation framework work?
Mirrors the federal FHA framework. Requires reasonable accommodations in rules, policies, practices, or services, and reasonable modifications of premises, when necessary for persons with disabilities. Engaging in the interactive process is best practice, but the FHA does not expressly mandate it (courts are split), and liability turns on whether a reasonable accommodation was actually denied.
What documentation should Texas landlords keep?
Standardized application records, screening criteria, decisions and reasons (contemporaneous), enforcement records (consistent application of lease provisions), training records, and complaint resolution records. Documentation supports defense against discrimination claims.
Can a Texas landlord refuse to accept Section 8 vouchers?
Yes. The Texas FHA does not include source of income as a protected class, and Texas Local Government Code § 250.007 bars Texas cities from prohibiting a landlord's refusal to lease because the applicant relies on a federal housing voucher (apart from a veteran carve-out), so no Texas city can require Section 8 acceptance. Section 250.007 does not preempt protections tied to other lawful income, so verify any local ordinance reaching non-federal income.
What's the most common Texas FHA mistake?
Inconsistent application of policies. Applying different standards to different applicants supports discrimination claims. Standardize application processes, document criteria, apply consistently to all, and document the application of standards. Inconsistency is the foundation for most successful discrimination claims.