As a landlord in Texas, one of the most critical aspects of your job is ensuring that you comply with fair housing laws. A single misstep can lead to discrimination lawsuits that can be costly, time-consuming and damaging to your reputation.
Here are some tips that can help you minimize legal risks while maintaining a fair and inclusive rental process.
Understand fair housing laws
Ignorance of the law is not a defense when it comes to housing discrimination cases. The Fair Housing Act (FHA) prohibits discrimination based on race, color, religion, sex, disability, family status, national origin and other protected characteristics. Familiarizing yourself with the law can help avoid legal issues and save you a lot of trouble.
Follow fair and consistent screening policies
One of the easiest ways to avoid discrimination lawsuits is to apply the same standards to every applicant. Your tenant selection process should be clear, consistent and based on objective criteria, such as credit scores, rental history and criminal background checks.
Apply the requirements equally to every applicant and document your decisions. This consistency helps ensure fairness and protects you legally.
Watch your language
Be mindful of how you communicate, both in advertising and conversations. Avoid phrases like “perfect for a single professional” or “great for families” as they can imply preferences for particular groups. Instead, focus on the property’s features like “spacious two-bedroom apartment” or “close to public transit.”
Never ask about protected characteristics when screening tenants. Even an innocent question about a tenant’s personal life could be misinterpreted.
Handle disability accommodations properly
Tenants with disabilities have the right to reasonable accommodations. This may include allowing service animals or installing a ramp for wheelchair access. Denying these requests without a valid reason can lead to legal problems.
Document everything
Keep detailed records of all interactions with tenants and applicants. If a dispute arises, this documentation can prove you acted fairly and in compliance with the law.
It’s worth noting that navigating fair housing laws can be complex, even with the best intentions. What’s legal in one city may be illegal in another. Seeking legal guidance can help you draft airtight policies, review your screening processes and ensure your practices align with current regulations.
