Texas Fair Housing: Protected Classes Explained

Understanding your rights as a renter in Texas is essential to ensure fair and equal treatment in housing. Texas fair housing laws, together with federal protections, make it illegal for landlords to discriminate against renters based on certain personal characteristics. This guide will help you identify protected classes in Texas, explain how fair housing laws work, and provide practical steps if you believe your rights have been violated.

What Are Protected Classes in Texas Fair Housing?

"Protected classes" are groups of people shielded by law from discrimination when renting, buying, or applying for housing. Texas law works alongside the federal Fair Housing Act to prevent unfair treatment in the housing market.

Federal Protected Classes

Federal fair housing law, enforced by the U.S. Department of Housing and Urban Development (HUD), protects renters from discrimination based on:

• Race
• Color
• National Origin
• Religion
• Sex (including sexual orientation and gender identity¹)
• Familial Status (including families with children under 18 or pregnant women)
• Disability

Additional Protections Under Texas Law

Texas fair housing law mainly mirrors the federal law through the Texas Fair Housing Act, found in Chapter 301 of the Texas Property Code². However, Texas does not add new protected classes beyond federal law.

What Does Discrimination Look Like?

Discrimination can be obvious or subtle. Examples include:

• Denying your rental application because of your national origin
• Refusing reasonable accommodations for a renter with a disability
• Providing false information about unit availability based on religion or race
• Charging higher deposits only to families with children
• Harassing or retaliating because you reported a fair housing violation

If you suspect discrimination, it's important to document the situation, keep records, and take action promptly.

How to Report Housing Discrimination in Texas

Renters who feel their fair housing rights have been violated have several options for reporting, both at the federal and state level. The Texas Department of Housing and Community Affairs (TDHCA) Fair Housing Program is the state agency responsible for processing complaints and enforcing the Texas Fair Housing Act.

Key Official Forms for Renters

• HUD Form 903 Online Complaint
  When to use: If you believe you were discriminated against by your landlord, property manager, or housing provider, you can submit a fair housing complaint with HUD. Fill this form online or download a PDF.
  Submit a HUD housing discrimination complaint.
• Texas Fair Housing Complaint Form
  When to use: Texas renters can file a complaint directly with TDHCA by submitting the official fair housing discrimination form.
  Practical example: If you are denied a rental because you have children, you can fill out this form describing your experience.
  Download the Texas Fair Housing Complaint Form (PDF).

After filing, an investigator will reach out to collect more information and discuss next steps.

The Tribunal Handling Fair Housing Complaints

Fair housing claims in Texas are processed by the Texas Department of Housing and Community Affairs Fair Housing Program. In certain cases, you may also file with the U.S. Department of Housing and Urban Development (HUD).

Action Steps for Texas Renters Experiencing Discrimination

Texas renters have the right to fair housing and can act if they experience discrimination. Here are clear steps you can follow:

• Stay calm and document all communication with your landlord
• Keep copies of all rental documents and correspondence
• File your complaint as soon as possible using the forms listed above
• Follow up with the investigating agency and provide requested information promptly

FAQ: Texas Protected Classes and Fair Housing

1. What does "protected class" mean in Texas fair housing law?
   Protected classes are specific groups of people shielded by law from discrimination in housing, such as race, color, religion, sex, national origin, familial status, and disability.
2. Does Texas law offer protections beyond federal law?
   Texas follows federal guidelines and does not add extra protected classes beyond those covered by the Fair Housing Act.
3. Can renters file a complaint directly with Texas authorities?
   Yes, renters can file a fair housing complaint with the Texas Department of Housing and Community Affairs using the official Texas Fair Housing Complaint Form.
4. How long do I have to file a housing discrimination complaint in Texas?
   You typically have up to one year from the alleged act of discrimination to file a complaint with TDHCA or HUD.
5. What if I need help completing a discrimination complaint?
   Renter assistance is available through TDHCA’s Fair Housing Program and HUD. You may also contact local legal aid organizations for further guidance.

Conclusion: Key Takeaways

Texas renters are protected against discrimination through both federal and state law. To summarize:

• Protected classes include race, color, national origin, sex, religion, disability, and familial status
• Texas landlords must follow these laws when renting or managing properties
• If you experience discrimination, there are clear state and federal channels to file a complaint

Knowing your rights helps create a fair and equal housing market for everyone.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs Fair Housing Program — Main state resource for fair housing information, complaint forms, and support
• U.S. Department of Housing and Urban Development – Fair Housing — Federal fair housing information and complaint portal
• Texas Fair Housing Act (Texas Property Code Chapter 301) — Official Texas fair housing legislation
• Tenant Rights and Resources in Texas – HUD
• For local legal assistance: Contact Texas Law Help

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1. U.S. Department of Housing and Urban Development, HUD Guidance on Gender Identity & Sexual Orientation
2. Texas Legislature, Texas Fair Housing Act (Texas Property Code Chapter 301)

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