Proving Discriminatory Tenant Screening in Texas

Tenant screening is a normal part of renting in Texas, but landlords must follow fair housing laws when deciding who can rent their properties. If you believe you have been treated unfairly because of your race, color, national origin, religion, sex (including gender identity and sexual orientation), disability, or family status, you have protected rights under the Fair Housing Act and Texas law. This article explains how Texas renters can recognize, document, and take action against discriminatory screening practices.

Understanding Discriminatory Screening Practices

Discrimination in tenant screening occurs when a landlord treats applicants differently based on characteristics protected by law, rather than legitimate factors like income or credit. In Texas, both federal laws—like the Fair Housing Act—and state laws—such as the Texas Fair Housing Act—apply to most rental situations.^[1][2]

What Are Common Signs of Discriminatory Screening?

• Being told a rental is unavailable but it’s still advertised
• Receiving different rental terms or fees than others
• Unusual requirements for paperwork or references for certain groups
• Hostile or discouraging comments about your background or family status

If you notice these signs, start keeping records as soon as possible.

How to Gather Proof of Discrimination

Proving discriminatory screening usually means documenting differences in how you were treated compared to other applicants. Here are some practical approaches:

• Keep written records of all communication (emails, texts, notes from phone calls)
• Save copies of applications, rental listings, and any terms offered
• Collect witness statements if someone else observed unfair treatment
• Note the date, time, and details of every interaction

• Consider bringing a companion or using a “paired testing” method (when legal) to see if a landlord says different things to different people

How to File a Fair Housing Complaint in Texas

If you believe you have been discriminated against during tenant screening, you can file a complaint with:

• The U.S. Department of Housing and Urban Development (HUD)
• The Texas Department of Housing and Community Affairs (TDHCA)

The official agency for handling housing discrimination in Texas is the Texas Department of Housing and Community Affairs Fair Housing Office.

Which Forms Do You Need?

• Texas Fair Housing Complaint Form
  Use this form to begin a state-level housing discrimination complaint. Download from TDHCA.
  Example: If you were denied an apartment without clear reason and suspect it’s related to your protected status, attach your documentation and submit this form.
• HUD Discrimination Complaint Form (HUD-903 Online)
  File a federal complaint online through HUD. Submit via HUD website.
  Example: If the landlord says units are unavailable repeatedly only to people with children, you can file this form and describe your experience.

Steps to File a Complaint

• Gather your documentation and fill out the appropriate complaint form (state or federal)
• Submit the form—either online, by mail, or in person
• Wait for the agency to contact you for more details or supporting evidence

Both Texas and federal agencies will investigate your claim and may attempt mediation or further legal steps if discrimination is found.

Texas Tenant Rights Legislation

Your rights are protected under several laws, including the Texas Fair Housing Act (Texas Property Code Chapter 301) and the federal Fair Housing Act.^[1][2]

FAQ: Discrimination & Fair Housing in Texas

1. What counts as a protected characteristic in Texas?
   Race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability are legally protected under fair housing laws.
2. Can landlords charge higher deposits to certain groups?
   No. Charging higher deposits, rent, or fees based on protected characteristics is considered discriminatory and is illegal.
3. How long do I have to file a complaint?
   You must file a fair housing complaint within one year of the alleged discrimination event.
4. Does discrimination have to be obvious?
   No. Discrimination can be subtle, such as frequently changing application rules or requirements for certain people.
5. Can I apply to more than one agency?
   Yes. You can file with both HUD and the Texas Department of Housing and Community Affairs.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs – Fair Housing (TDHCA): State-level complaint intake and fair housing resources
• HUD Fair Housing Complaint Portal: File federal housing discrimination complaints
• Texas Attorney General – Tenant Rights: Statewide information and assistance
• Texas Fair Housing Act Legislation: Full legal text of state fair housing law

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1. [1] Texas Fair Housing Act (Texas Property Code Chapter 301)
2. [2] Federal Fair Housing Act
3. [3] Texas Fair Housing Complaint Filing Process (TDHCA)
4. [4] HUD: How to File a Housing Discrimination Complaint

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