The real world isn’t always as clear-cut as your training. You will encounter all sorts of nuanced situations when helping your clients buy, sell, or rent real estate. How do you ensure you’re offering equal opportunities to everyone?

During a recent webinar, the Texas Workforce Commission Civil Rights Division discussed fair housing topics you may encounter in the field and answered questions from agents and brokers.

Below are some questions and scenarios from the webinar. How would you answer? Read the experts’ replies, then learn more by scanning this QR code.

 

True or false: It is OK to advertise that you “specialize in lending to” a certain group of people.
False. Positive statements toward a group of people may still be discriminatory. Fair housing laws consider advertising discriminatory if it makes a statement that may indicate discrimination toward the seven protected classes: race, color, national origin, religion, sex including gender identity and sexual orientation, familial status, and disability.

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I want to make a rule that no one who has been arrested for a Class C misdemeanor can rent from me. Is that discriminatory?
While not discriminatory, a rule that achieves the desired effect but excludes fewer people would better align with fair housing principles. According to HUD, the discriminatory effects doctrine is a tool for addressing policies that unnecessarily cause systemic inequalities. For example, excluding potential renters who have been convicted of a Class C misdemeanor may be more effective.

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True or false: Intention matters in discrimination situations.
False. Intent does not matter; impact does.

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Are Texas fair housing laws identical to national laws?
No, but they are substantially the same. One recent difference is The CROWN Act, approved during the last legislative session, which protects Texans based on hair style or hair texture commonly associated with race. Some examples include braids, locks, and twists.

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I have a rental unit in a high-crime area. I refused to rent to a young woman, fearing that she may be in danger in such an area, but then leased the apartment to a young man. Have I discriminated against the woman?
Yes, based on the sex protected category. The opposite scenario of refusing to rent to a man but then leasing to a woman would also be discrimination. The sex protected category includes gender identity and sexual orientation. An applicant who was refused based on those criteria would be discriminated against.

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Am I allowed to post a sign saying “No children in the pool or spa without a parent or guardian”?
Yes. However, a sign completely barring children from the pool or spa is discriminatory toward families.

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Is it OK to charge families a higher security deposit, knowing how destructive kids are and that repairs may be needed when they move out?
No. That is discriminatory based on familial status.

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My renter does not believe in a traditional religion but claims to have strongly held ethical and moral beliefs. Could this renter fall into the religion protected class?
Yes. The definition of the religion protected class also includes strongly held ethical and moral beliefs outside of traditional religion.

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A fellow property manager I know will sometimes tell inappropriate jokes of a sexual nature to and in front of renters. Is this sexual harassment?
It could be. Sexual harassment in the context of fair housing laws is unwelcome behavior consisting of sexual remarks or physical advances that creates a hostile environment for someone trying to obtain, use, or maintain housing related services.

Instances can be severe or pervasive. Examples of severe incidents could be touching, cornering, blocking someone’s path, or sharing explicit pictures. It only takes one severe instance to constitute harassment. Harassment would be pervasive if it happens over time. Examples include sexual comments, innuendos, and catcalling. A single comment may not constitute harassment, but if it continues a second, third, or fourth time, it could constitute harassment.

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At one of the properties I manage, a maintenance worker has been telling renters they can expedite repairs in exchange for sexual favors. Is this harassment?
Yes. Quid pro quo is an unwelcome sexual or related request as a condition to receive any aspect of obtaining, using, or maintaining housing services. Bargains or threats count as harassment.

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My subdivision displays a Nativity scene in December. Does the subdivision have to allow or display other religious or holiday symbols as well?
Yes. Your subdivision’s decisions cannot elevate one religion above others. If you allow a Nativity scene, you must also allow other religious holiday decorations.

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My renter says he has a disability, but I don’t see it and have never observed it. What do I do?
Not every disability is seen or observable. If the disability is being treated, the renter qualifies for protection under the disability protected class. A disability is a mental or physical impairment that substantially limits at least one major life activity. The renter would have a record of impairment. A good rule of thumb is to treat everyone the same until they ask to be treated differently.

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My renter says she has asthma and requests that the air filters be changed every month instead of every 90 days. Must I honor this request?
Based on the information provided, her request is a reasonable accommodation and should be granted. The renter must show the request is needed because of the renter’s disability. Without the accommodation, the renter would not be able to access housing services. A landlord cannot refuse a reasonable accommodation that qualifies.

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My renter is asking that I install grab bars in his bathroom. This changes my rental unit. Is this allowed?
Reasonable modifications are physical changes to structures or dwellings to help renters access and enjoy housing. These may include accessible lifts, changes to the parking layout to add accessible parking, and walk-in tubs. The renter should be allowed to add the grab bars at the renter’s expense to be able to fully utilize the property.

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My renter produced a doctor’s note for a reasonable accommodation but it looks like a generic letter that was printed off the internet. Do I have to accept this?
A doctor’s note must be from a medical professional who knows the renter and the renter’s disability and has knowledge about disabilities. The note should explain the renter’s disability and why the doctor recommends this accommodation. There should also be a direct connection between the requested accommodation and the disability, such as installing grab bars for a renter who uses a wheelchair or an emotional support animal that offers relief for a specific condition. A note from a doctor who has never treated the renter is not acceptable; neither is a note from a doctor who is unqualified to treat or diagnose the renter’s disability.

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When can I deny a reasonable accommodation?
Some circumstances when you can deny a reasonable accommodation include:

• When the person or assistance animal poses a direct threat
• When there is no disability-related need for the accommodation
• When the accommodation is not reasonable or imposes an undue financial and administrative burden
• When you can provide an alternative solution.

An example of a direct threat is when a renter’s assistance animal is threatening and hostile to fellow renters and staff on multiple occasions. An example of an undue burden may be a request to install an elevator in a two-story residential building. A more reasonable accommodation would be renting an apartment on the first floor to that tenant.

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I heard some properties don’t have to follow fair housing laws. Is that true?
There are a few exemptions to fair housing laws, including:

• If it is an owner-occupied property with no more than four units.
• Housing sold or leased without the use of the broker, provided the owner owns no more than three single-family properties and if the owner does not reside in the home at the time of sale or wasn’t the most recent resident at the time of sale. The exemption only applies to one sale in a 24-month period.
• Renting rooms or units in single-family houses.
• Housing designated for the elderly is exempted from liability for familial status discrimination.
• Housing owned by religious organizations and private clubs can limit housing to their members.

Properties can lose their exemption when they are open to the public. See 42 U.S.C. 3603, 3607 and 24 C.F.R. § 100.10 for more details.

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My landlord is a veteran and prefers renting to a fellow veteran over a non-veteran if all other criteria are equal. Is that discrimination?
No. Veteran status is not a protected class and using that as a tiebreaker among two qualified applicants does not violate fair housing laws.

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The property owner does not want animals on the property. A qualified disabled applicant applies to rent the property and has two emotional support animals. Can the property owner deny the applicant because of the emotional support animals?
No. Service animals and emotional support animals are not pets. They are assistance animals and must be allowed under fair housing laws if they qualify.

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My tenant’s insurance policy prohibits some dog breeds on the property, even if they are service animals. What should I do?
Find a new insurance provider. You cannot bar a qualified service animal from your property because of insurance. Home insurance providers that deny emotional support/service animals based on breed can also be named as respondents in a fair housing complaint.

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My renter has a pit bull as a service animal. We have breed restrictions at the property. Can I deny the request for a service animal?
No. A dog on a restricted breed list, like a pit bull, must be approved as an assistance animal if the renter provides appropriate medical documentation.

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What is the difference between a service animal and an emotional support animal?
A service animal is an animal, almost always a dog, trained to perform a specific service for a person with a disability. Examples include a dog that assists a blind person or a dog that helps a person with seizures. An emotional support animal provides therapeutic assistance for a person with a disability. Emotional support animals such as dogs, cats, rodents, gerbils, or even a horse are acceptable if it is “reasonable” to keep such an animal. Both service animals and emotional support animals are considered assistance animals. An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Each qualifying assistance animal must provide a unique service and have documentation.

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A renter who moved out two years ago is threatening to file a fair housing complaint. Can he do that?
No. Fair housing complaints must be filed within 365 days after the last day of harm.

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My renter’s assistance animal had puppies. Are these animals also assistance animals?
No. If the renter wishes to keep the puppies, they would be considered an animal but not an assistance animal. Therefore, the landlord would be entitled to charge a fee for the animal as set forth in the Animal Agreement (TXR 2004).