Texas renters are protected by three overlapping laws: the federal Fair Housing Act, the Texas Fair Housing Act, and — in Austin — the Austin Fair Housing Ordinance. Together they cover seven federally protected classes plus additional state and local categories. You have one year to file a complaint if a landlord has violated your rights. This article describes what the law says — always consult a licensed Texas attorney for advice specific to your situation.
Key facts
- The federal Fair Housing Act (42 U.S.C. § 3604) prohibits housing discrimination based on seven classes: race, color, religion, sex, national origin, disability, and familial status.
- The Texas Fair Housing Act (Tex. Prop. Code Ch. 301) mirrors those seven classes and — effective September 1, 2023 — explicitly includes hair texture and protective hairstyles (braids, locks, twists) within the race category under § 301.0045.
- Austin’s Fair Housing Ordinance (Austin City Code Ch. 5-6) adds seven more protected categories on top of federal and state law.
- Complaints must be filed within one year of the alleged discrimination with HUD, the Texas Workforce Commission (TWC), or — in Austin — the city’s Civil Rights Division.
- Over 34,150 fair housing complaints were received by HUD and partner organizations in 2023, according to the National Fair Housing Alliance 2024 Trends Report.
What classes are protected under the federal Fair Housing Act?
Under 42 U.S.C. § 3604, it is unlawful to refuse to rent or sell, impose different terms and conditions, publish discriminatory advertising, or otherwise discriminate in housing based on seven protected classes.
| Protected Class | What It Covers |
|---|---|
| Race | Ethnic background; Texas law also explicitly covers hair texture and protective hairstyles associated with race |
| Color | Skin color |
| Religion | Any religious belief or practice |
| Sex | Biological sex; the Texas State Law Library notes HUD has interpreted this to include sexual orientation and gender identity, though this interpretation may be subject to change — consult a licensed attorney for current guidance |
| National Origin | Country of birth or ancestry |
| Disability | Physical or mental impairment that substantially limits a major life activity |
| Familial Status | Households with children under 18; pregnant individuals |
“Familial status” is defined in Tex. Prop. Code § 301.004 as one or more individuals under 18 domiciled with a parent or legal custodian, or someone who is pregnant. Landlords may not impose additional fees or restrictions on families with children under this definition.
Does Texas have its own fair housing law?
Yes. The Texas Fair Housing Act, codified at Texas Property Code Chapter 301, mirrors the seven federal protected classes. It is enforced by the Texas Workforce Commission (TWC) per § 301.0015, not a separate state housing agency.
Texas added an important protection in 2023: under § 301.0045, added by the 88th Legislature (H.B. 567) and effective September 1, 2023, discrimination based on hair texture or protective hairstyles — including braids, locks, and twists — is explicitly treated as racial discrimination under Texas law. This is Texas’s equivalent of CROWN Act protections.
Disability is separately addressed in § 301.025, which requires landlords to permit reasonable modifications and accommodations for tenants with disabilities.
What types of landlord conduct are prohibited?
Both federal and Texas law prohibit a broad range of discriminatory conduct — not just outright refusals to rent. Under 42 U.S.C. § 3604 and Tex. Prop. Code §§ 301.021–301.025, the following are unlawful:
- Refusing to rent or sell after a bona fide offer is made
- Different terms or conditions — charging higher security deposits, applying stricter policies, or offering inferior unit features based on a protected class
- Discriminatory advertising — publishing notices, statements, or advertisements indicating a preference or limitation based on a protected class
- Misrepresenting availability — telling a prospective renter a unit is unavailable when it is not, because of their protected status
- Blockbusting — for-profit inducement of panic selling or renting through representations about the protected characteristics of people entering a neighborhood
- Failure to accommodate disability — refusing a reasonable modification to a unit or a reasonable adjustment to rules and policies that a person with a disability needs to have equal enjoyment of their home
What extra protections do Austin renters have?
Renters in Austin are covered by the Austin Fair Housing Ordinance (Ch. 5-6), which adds seven categories to the federal and state baseline:
| Austin-Only Protected Class | Example |
|---|---|
| Source of income | Landlord cannot refuse because you pay rent with a housing voucher |
| Sexual orientation | Explicit — not reliant on HUD interpretation of “sex” |
| Gender identity | Explicit local protection |
| Age | Applies to renters of any age |
| Marital status | Single, married, divorced, widowed |
| Student status | Cannot be rejected for being enrolled in school |
| Creed | Belief systems broader than organized religion |
To report a fair housing violation in Austin, contact the City’s Civil Rights Division at 512-974-3251 or visit austintexas.gov/equity-inclusion/civil-rights-division.
What is a reasonable accommodation or modification?
Under 42 U.S.C. § 3604(f) and Tex. Prop. Code § 301.025, landlords must:
- Allow reasonable modifications — physical changes to a unit that a person with a disability needs (such as installing grab bars or a ramp). In most private housing, this is at the tenant’s expense, and the landlord may require restoration upon move-out.
- Make reasonable accommodations — changes to rules, policies, or practices. The most common example: a no-pets policy must yield to a request for a service animal or a verified emotional support animal. A landlord may not charge a pet fee for an accommodation animal.
Requests must be evaluated individually. Landlords may ask for documentation of a disability-related need. Consult a licensed attorney if your request is denied.
How do I file a fair housing complaint in Texas?
You must file within one year (365 calendar days) of the most recent discriminatory act. The TWC and HUD both confirm this deadline. Three agencies accept complaints:
| Agency | Jurisdiction | How to File |
|---|---|---|
| HUD / FHEO | Federal — anyone in the US | hud.gov online complaint form |
| Texas Workforce Commission | Texas statewide | twc.texas.gov fair housing |
| Austin Civil Rights Division | Austin renters only | austintexas.gov / 512-974-3251 |
You may also contact the Austin Tenants Council (512-474-1961), a HUD-funded fair housing organization that provides free counseling and complaint assistance. The TDHCA fair housing page lists additional FHIP-funded agencies across Texas, including the Greater Houston Fair Housing Center and the San Antonio Fair Housing Council.
Filing with one agency does not prevent you from also pursuing a private civil lawsuit under 42 U.S.C. § 3613 or Tex. Prop. Code § 301.151. Remedies available through the courts include actual damages, injunctive relief, and attorney’s fees. Consult a licensed Texas attorney before taking legal action.
Sources
42 U.S.C. § 3604 — Federal Fair Housing Act prohibited practices (official statute text), accessed July 2026: law.cornell.edu
Texas Property Code Ch. 301 — Texas Fair Housing Act, including §§ 301.021, 301.025, 301.0045 (official statute), accessed July 2026: statutes.capitol.texas.gov
Texas State Law Library — Housing Discrimination guide (government reference), updated July 2026: guides.sll.texas.gov
Austin City Code Ch. 5-6 — Austin Fair Housing Ordinance, protected classes (official municipal code), accessed July 2026: library.municode.com
City of Austin — Tenant Stabilization and Renters Rights, fair housing summary, accessed July 2026: austintexas.gov
Texas Workforce Commission — How to Submit a Housing Discrimination Complaint (government agency), accessed July 2026: twc.texas.gov
TDHCA — How to File a Fair Housing Complaint, local FHIP agencies, accessed July 2026: tdhca.state.tx.us
National Fair Housing Alliance — 2024 Fair Housing Trends Report (complaint statistics for calendar year 2023), November 2024: nationalfairhousing.org
National Fair Housing Alliance — 2025 Fair Housing Trends Report (FY2023 and FY2024 HUD complaint figures), November 2025: nationalfairhousing.org
HUD FHEO — Intake and Investigation Process (complaint deadline and process), accessed July 2026: hud.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.
For comments or corrections, please email newsroom@3desk.ai.