A landlord with one property makes the same decisions as a company with a thousand — what the ad says, who is shown the unit, which application is approved, how a request for an exception is answered — and the same law applies. The federal Fair Housing Act (HUD) and the Texas Fair Housing Act (Property Code Chapter 301) both cover race, color, religion, sex, familial status, national origin and disability; §301.041 exempts the sale or rental of a single-family house by an owner who owns no more than three such houses and uses no broker or prohibited advertising, and an owner-occupied building of up to four units — but the advertising prohibition in §301.022 still applies and the exemption is narrow. Several Texas cities add protected classes by ordinance. A short, repeatable routine is the training.
The one-page routine
| Moment | Do | Do not |
|---|---|---|
| Advertising | Describe the unit and the objective terms; keep a copy | Describe the ideal tenant; use “no children,” “adults only,” religious references |
| Enquiries | Give every caller the same facts and the same next step; log calls | Vary availability by voice, name or accent |
| Showings | Show the same units to everyone; answer property questions | Ask about family plans, religion, national origin, disability |
| Applications | Written criteria under Property Code §92.3515; first complete application first; seven-day decision (§92.352) | Skip the criteria; decide in a different order for different people |
| Screening | Same reports, same thresholds; FCRA adverse action notice when a report contributes to a denial (FTC) | Blanket criminal bans; different thresholds |
| Requests | Treat any disability-related request as an accommodation or modification; respond promptly in writing | Demand forms, diagnoses or registries; delay |
| Occupancy | Texas ceiling of three adults per bedroom (§92.010); local codes may be lower | Rules aimed at children |
| Tenancy | Apply rules, fees and repairs equally; no retaliation within six months of a complaint (§92.331) | Enforce selectively |
Keeping the proof
- A dated copy of every ad.
- The criteria and each signed acknowledgment.
- A log of enquiries and showings with dates and outcomes.
- A decision note for each application against the criteria.
- An accommodation log with dates of request and response.
Local classes
Austin, Dallas, Fort Worth, San Antonio, El Paso, Brownsville and Laredo, among others, have ordinances that add classes such as sexual orientation, gender identity, age or student status; the city guides on this site cite the relevant ordinance. Where a city has a fair housing office, it also takes complaints — another reason the file above should exist before it is needed.
Frequently asked questions
Does fair housing law apply to a landlord with one rental?
Yes in almost all respects; the narrow exemption in Property Code §301.041 covers certain single-family rentals by owners of three or fewer houses without a broker and owner-occupied buildings of up to four units, and never covers prohibited advertising (Property Code Chapter 301).
What are the protected classes in Texas?
Race, color, religion, sex, familial status, national origin and disability under state and federal law, plus additional classes in some city ordinances (Chapter 301, HUD).
What single record most protects a small landlord?
Written selection criteria under Property Code §92.3515, with each applicant’s signed acknowledgment and a decision note against those criteria (Property Code §92.3515).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- HUD — Fair Housing Act overview ↗
- Texas Property Code, Chapter 301 — Texas Fair Housing Act ↗
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- FTC — Using consumer reports: what landlords need to know ↗
- Texas State Law Library — Housing discrimination ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.