LGBTQ+ Housing Discrimination Laws for Texas Renters

Searching for safe and fair housing is a right for everyone—including LGBTQ+ renters in Texas. While Texas does not have statewide laws that specifically protect against housing discrimination based on sexual orientation or gender identity, certain federal protections apply. This guide explains your rights, the complaint process, and the official legal resources available for Texas renters.

Understanding LGBTQ+ Housing Protections in Texas

LGBTQ+ renters in Texas are protected from housing discrimination through federal—not state—law. The U.S. Department of Housing and Urban Development (HUD) enforces the Fair Housing Act, which prohibits discrimination in housing based on several protected classes.

• Federal protections: In 2021, HUD clarified that discrimination because of sexual orientation or gender identity is considered "sex" discrimination under the Fair Housing Act.
• State law: Texas does not have laws explicitly protecting LGBTQ+ individuals from housing discrimination at the state level.

Some Texas cities, such as Austin, Dallas, and Fort Worth, have local ordinances that provide added protections. However, coverage varies by location, so check your city policy for details.

What Counts as Housing Discrimination?

Under federal law, housing-related discrimination includes:

• Denying a rental or lease based on sexual orientation or gender identity
• Offering different terms or conditions because of your LGBTQ+ status
• Harassment, intimidation, or retaliation for asserting your rights
• Advertising restricting units to only certain groups

If you're unsure, document the incident and seek guidance from official resources listed below.

Where to File a Housing Complaint in Texas

The main body handling fair housing complaints in Texas is the Texas Department of Housing and Community Affairs (TDHCA). On a federal level, HUD investigates matters across the state.

• TDHCA Fair Housing Complaint Form – Use this if you believe you have experienced housing discrimination in Texas. The form guides you through providing details so the agency can investigate.
• HUD Discrimination Complaint Form (903 Online Form) – File this online if you wish to have HUD investigate housing discrimination on any federal grounds, including sexual orientation or gender identity.

Practical example: If a landlord refuses to rent to you after learning you are transgender, you can fill out and submit the HUD Online Complaint Form or the TDHCA Fair Housing Complaint Form as soon as possible.

Actions You Can Take if Discriminated Against

If you feel you've faced unfair treatment because of your LGBTQ+ status, here are the typical steps:

• Document the incident: Write down what happened, who was involved, and the date/time.
• Save any written communications, advertising, or refusal messages.
• Submit the correct complaint form to TDHCA or HUD (see above).
• Talk to organizations offering legal or renters rights support (see Resources below).

Relevant Texas Tenancy Laws

Texas residential landlord-tenant relationships are governed by the Texas Property Code, Title 8, Chapter 92 ^[1]. However, for discrimination matters, the primary authority is the federal Fair Housing Act ^[2].

• Texas Property Code – Chapter 92 (Residential Tenancies)
• Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)

The official board addressing housing disputes in Texas is the Texas Department of Housing and Community Affairs, Fair Housing Division.

Renter Advice for LGBTQ+ Tenants

Frequently Asked Questions

1. Is it legal for a Texas landlord to ask about my sexual orientation, or gender identity?
   No, a landlord should not ask about these factors nor use the information to deny housing. Doing so may violate federal housing protections.
2. Are there any Texas cities with local protections for LGBTQ+ renters?
   Yes. Cities like Austin, Dallas, and Fort Worth have passed local ordinances that ban discrimination based on sexual orientation and gender identity. Check with your city housing office for details.
3. What can I do if I experience discrimination but am unsure if it qualifies?
   Document what happened, gather any evidence, and consult one of the resources or agencies listed in the Resources section for guidance.
4. How long do I have to file a housing discrimination complaint in Texas?
   You must file a federal fair housing complaint within one year of the discriminatory act, but sooner is generally better.
5. Who investigates LGBTQ+ housing discrimination complaints in Texas?
   The Texas Department of Housing and Community Affairs and the U.S. Department of Housing and Urban Development both accept and investigate these complaints.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs – Fair Housing Homepage (State agency for fair housing complaints and information)
• HUD – Fair Housing & Equal Opportunity, Texas Regional Office (Federal fair housing complaints and local support)
• Austin Equal Employment & Fair Housing Office (For Austin residents)
• Dallas Fair Housing Office (For Dallas residents)

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1. Texas Property Code, Title 8, Chapter 92 – Residential Tenancies
2. Fair Housing Act – U.S. Department of Justice

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