Texas Tenant Rights: Familial Status Discrimination Explained

If you're renting a home in Texas, it's important to know that the law protects you and your family from discrimination due to your 'familial status.' This means landlords cannot treat you unfairly because you have children, are pregnant, or are seeking custody of a child. Understanding these tenant rights is crucial to feeling safe and secure in your rental home.

Understanding Familial Status Discrimination in Texas

Under both federal and Texas state law, familial status discrimination occurs when a landlord, property manager, or housing provider treats tenants or applicants unfairly because they live with children under 18, are pregnant, or are in the process of adopting or gaining custody.¹ These protections apply to most types of rental housing across Texas.

What Is Protected?

• Families with children under 18 years old
• Pregnant individuals
• Tenants seeking legal custody or guardianship of a child
• People in the process of adopting a child

It is illegal for a housing provider to:

• Deny you a rental because you have children
• Use different rental rules or lease terms for families with children
• Steer families to specific buildings or floors because of kids
• Set unreasonable restrictions on children’s use of common areas

Relevant Laws and Where to Get Help

The federal Fair Housing Act and the Texas Fair Housing Act both make familial status discrimination illegal.² The main board handling these cases in Texas is the Texas Department of Housing and Community Affairs (TDHCA) Fair Housing Program.

How to Report Familial Status Discrimination

If you believe you’ve experienced discrimination, you have the right to file a complaint. Here’s how:

• Federal option: File online with the U.S. Department of Housing and Urban Development (HUD).
• State option: File with the TDHCA Fair Housing Complaint process.

You should gather any written evidence, like emails or application forms, showing how you were treated differently.

Official Forms You May Need

• HUD Form 903 Online Complaint — Used to file a federal fair housing complaint. Submit this form if you believe your rights were violated by a landlord anywhere in Texas. You can fill it out online at HUD's official website.
• Texas Fair Housing Complaint Form — The TDHCA's form for reporting housing discrimination in Texas. Download, print, and mail or email the completed form to TDHCA. Get it on the official TDHCA fair housing complaint page.

Example: If a property manager tells you families with small children are not allowed in their rental units, you can complete either HUD’s online complaint form or the Texas Fair Housing Complaint Form, attach your supporting documents, and submit it as directed.

Action Steps if You Experience Discrimination

Quick action can protect your rights as a renter.

• Document the incident: Save emails, text messages, and make notes about what happened.
• File a complaint: Choose either the HUD or TDHCA process based on your preference.
• Follow up: Both agencies should contact you about next steps.
• Stay in your home: It is illegal for landlords to evict or retaliate against you for filing a complaint.

FAQ: Familial Status Discrimination for Texas Renters

1. What is familial status discrimination in Texas rentals?
   Familial status discrimination is when a landlord treats you unfairly because you have children, are pregnant, or are seeking custody of a child. This treatment is illegal under Texas and federal law.
2. Can a landlord refuse to rent to me because I have kids?
   No, landlords cannot reject your application, set different terms, or offer different services because of your family status.
3. What if my landlord sets stricter rules for families?
   Special rules that unfairly restrict families (like curfews for children or banning kids from certain parts of the property) are usually illegal. You can file a complaint if this happens.
4. How long do I have to file a discrimination complaint in Texas?
   You generally have one year from when the discrimination occurred to file a complaint with HUD or TDHCA.
5. Who investigates my case if I file a complaint?
   Complaints are handled by the Texas Department of Housing and Community Affairs (TDHCA) or HUD’s Office of Fair Housing and Equal Opportunity.

Conclusion: Key Takeaways for Texas Renters

• Texas law protects tenants from familial status discrimination in rental housing.
• Official complaint processes are available through both HUD and the Texas Department of Housing and Community Affairs.
• If you suspect discrimination, document your experience and don’t hesitate to seek help.

Staying informed about your rights empowers you to create a safe home for your family.

Need Help? Resources for Renters

• TDHCA Fair Housing Program — The Texas government resource for tenant rights and fair housing. Phone: (800) 525-0657
• HUD’s Office of Fair Housing and Equal Opportunity — Federal resource for rental discrimination complaints
• Texas Attorney General’s Fair Housing Guide — Official information on state housing rights and responsibilities

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1. See the U.S. Department of Housing and Urban Development: Fair Housing and Equal Opportunity
2. View the Texas Fair Housing Act (Texas Property Code, Chapter 301)

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