What Sellers Need To Know About The Fair Housing Law in Texas

In Texas, the Fair Housing Act and Texas Fair Housing Act regulate the housing market to prevent discrimination and ensure that housing is available to everyone, regardless of certain protected characteristics. For sellers, understanding these laws is essential to avoid potential violations. Here’s a breakdown of key things sellers need to know:

1. Protected Classes

• Federal law prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability.
• Texas law mirrors these federal protections but also provides for local ordinances that may add additional protections in certain cities.

2. Advertising and Marketing

• Sellers and their agents must avoid language that implies a preference, limitation, or discrimination toward specific groups. Terms like "family-friendly" or "Christian community" can imply a preference that may be seen as discriminatory.
• Ads, listings, and even casual statements in online marketing need to be neutral regarding who might be interested in the property.

3. Showing the Property and Making Offers

• Sellers cannot refuse to show or sell to someone based on a protected characteristic. Turning down potential buyers because of their background, family status, or other protected traits is a violation.
• If multiple offers are made, decisions should be based solely on financial criteria, like offer price and loan pre-approval, rather than who the buyers are.

4. Accommodating Buyers with Disabilities

• Sellers may be asked to make "reasonable accommodations" for individuals with disabilities, such as allowing a service animal on the premises even if there is a no-pets policy.
• Sellers are not required to modify the property but should allow potential buyers to make modifications (such as adding a ramp) at their own expense.

5. Enforcement and Penalties

• Violations can lead to complaints filed with the Texas Workforce Commission (TWC) or the Department of Housing and Urban Development (HUD).
• Penalties may include fines, legal fees, and compensation to affected parties, making it essential for sellers to understand and comply with fair housing standards.

6. Implicit Bias

• Sellers should be mindful of any unconscious biases that could influence their decisions. Working closely with a real estate agent trained in fair housing compliance can help ensure all potential buyers are treated fairly.

By understanding these guidelines, sellers can ensure they comply with fair housing laws while helping promote an inclusive housing market in Texas.

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