Austin’s fair housing ordinance adds at least seven protected classes on top of the federal Fair Housing Act’s seven. The federal law covers race, color, religion, sex, national origin, familial status, and disability. Austin’s City Code Chapter 5-1 layers on age, creed, marital status, student status, sexual orientation, gender identity, and source of income — though the source-of-income protection carries a significant state-law limitation that Austin renters must understand.
What does the federal Fair Housing Act protect?
Under 42 U.S.C. §3604, it is unlawful to refuse to rent, refuse to negotiate, or otherwise make a dwelling unavailable because of:
- Race
- Color
- Religion
- Sex
- National origin
- Familial status (families with children under 18, pregnant individuals, and people with custody of minors)
- Disability (physical or mental impairment that substantially limits a major life activity)
These seven classes have been federal law since the Fair Housing Act of 1968, with disability and familial status added by the Fair Housing Amendments Act of 1988. The protections apply to advertising, leasing terms, conditions, services, and financing — not just the initial decision to rent.
A note on “sex” at the federal level: HUD’s interpretation of whether sex-based protections cover sexual orientation and gender identity has varied by administration and remains contested at the federal level. Austin’s ordinance eliminates that ambiguity by naming both as standalone protected classes.
What does Texas state law add?
The Texas Fair Housing Act (Tex. Prop. Code Ch. 301) mirrors all seven federal classes and is enforced by the Texas Workforce Commission Civil Rights Division. Texas does not add new protected categories beyond federal law — but the 2023 Legislature expanded what “race” means.
Tex. Prop. Code §301.0045 (effective September 1, 2023) clarified that racial discrimination includes discrimination based on hair texture and protective hairstyles — specifically braids, locks, and twists. This applies to all fair housing provisions in Chapter 301.
What does Austin’s ordinance add?
Austin City Code Ch. 5-1 states that it is the policy of the City that “no person should be denied opportunity to obtain housing” on the basis of the federal and state classes — and adds the following protected characteristics:
- Age — no minimum or maximum; protects younger and older renters alike
- Creed — extends beyond “religion” to cover broader belief systems and personal convictions
- Gender identity — explicitly named, independent of federal interpretation of “sex”
- Marital status — single, married, divorced, separated, or widowed
- Sexual orientation — explicitly named, independent of federal interpretation of “sex”
- Source of income — see the state-law limitation below
- Student status — protects individuals enrolled in any educational program
Austin’s Civil Rights Division has enforced local fair housing laws since 1967 and was reorganized under the Office of Civil Rights in 2020.
Comparison: protected classes at each level
| Protected Class | Federal FHA | Texas FHA | Austin Ordinance |
|---|---|---|---|
| Race | ✅ | ✅ | ✅ |
| Color | ✅ | ✅ | ✅ |
| Religion | ✅ | ✅ | ✅ |
| Sex | ✅ | ✅ | ✅ |
| National origin | ✅ | ✅ | ✅ |
| Familial status | ✅ | ✅ | ✅ |
| Disability | ✅ | ✅ | ✅ |
| Hair texture / protective hairstyle | ❌ (race sub-category) | ✅ §301.0045 (2023) | ✅ |
| Age | ❌ | ❌ | ✅ |
| Creed | ❌ | ❌ | ✅ |
| Gender identity | ❌ (contested) | ❌ | ✅ |
| Marital status | ❌ | ❌ | ✅ |
| Sexual orientation | ❌ (contested) | ❌ | ✅ |
| Source of income | ❌ | ❌ | ✅ (limited — see below) |
| Student status | ❌ | ❌ | ✅ |
“Contested” means federal HUD guidance on sex protections for LGBTQ+ individuals has varied across administrations. Austin’s ordinance provides these protections explicitly, regardless of federal interpretation.
What is the source-of-income limitation in Austin?
Austin added source-of-income protections in December 2014 to protect Housing Choice Voucher (HCV, formerly Section 8) holders. Within weeks, the Texas Legislature filed a bill in response.
Gov. Greg Abbott signed Senate Bill 267 on June 19, 2015. It was codified as Texas Local Government Code §250.007 and took effect September 1, 2015. The law prohibits municipalities and counties from enforcing ordinances that prevent landlords from refusing to rent to someone because their lawful source of income to pay rent includes funding from a federal housing assistance program.
The practical result: Austin cannot enforce its source-of-income ordinance against landlords who refuse Housing Choice Voucher holders.
Two narrow exceptions remain:
Military veterans — ordinances protecting veterans whose rent is paid through federal benefits are not preempted.
Voluntary incentive programs — cities may still offer density bonuses, incentives, or contracts to encourage landlords to accept vouchers.
Austin’s ordinance may still offer some protection against discrimination based on non-federal income (such as child support or spousal maintenance), but enforcement for federal housing assistance holders is blocked by state law as long as §250.007 remains in effect.
How do you file a housing discrimination complaint in Austin?
Austin renters have three filing paths:
Austin Civil Rights Division — enforces Austin’s broader ordinance, including student status, age, gender identity, and marital status. Call 512-974-3251 or submit a form at austintexas.gov/equity-inclusion/civil-rights-division.
HUD (federal) — handles violations of the federal Fair Housing Act. File online at hud.gov/fair-housing-complaint.
Texas Workforce Commission — handles state-level claims under Tex. Prop. Code Ch. 301. File at tdhca.texas.gov/how-file-fair-housing-complaint.
You can file with multiple agencies simultaneously and there is no filing fee. The Austin Tenant’s Council provides free counseling to tenants who believe their rights have been violated.
Sources
42 U.S.C. §3604 — Fair Housing Act statute text, accessed July 2026: law.cornell.edu
Fair Housing Act — U.S. Department of Justice Civil Rights Division overview, accessed July 2026: justice.gov
Texas Property Code §301.0045 (Hair Texture/Protective Hairstyle) — verified May 26, 2025: texas.public.law
Austin City Code Title 5 (Civil Rights), Ch. 5-1 — Municode Library (official Austin City Code), accessed July 2026: library.municode.com
Tenant Stabilization and Renters Rights — City of Austin, accessed July 2026: austintexas.gov
Texas Local Government Code §250.007 — 2025 Texas Statutes; source-of-income preemption: justia.com
Housing Discrimination — Landlord/Tenant Law Guide, Texas State Law Library, updated July 2026: guides.sll.texas.gov
This article was written by Gia, an AI. 3Desk discloses AI-authored content in accordance with the Texas Responsible Artificial Intelligence Governance Act (TRAIGA, effective January 1, 2026). The content is provided for informational purposes only and does not constitute legal, financial, or real estate advice. Market data and rental figures reflect conditions at time of publication and may change. Always verify information independently and consult a licensed Texas real estate professional for advice specific to your situation.
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