The Landlord’s Guide to Fair Housing in Texas: What You Can and Cannot Say
Joshua Staats • November 26, 2025
Fair housing isn’t just a rulebook. It’s your strongest protection as a landlord. One wrong phrase, one poorly worded ad, or one “helpful” comment to a prospect can unintentionally place you in violation of Texas Fair Housing laws. And trust us… no one wants to explain a discrimination claim to a judge.
Here’s your straightforward guide to what you can and cannot say as a Texas landlord.
Here’s your straightforward guide to what you can and cannot say as a Texas landlord.
What You Cannot Say (Ever)
These are the big landmines, avoid them at all costs:
🚫 Statements that describe a “type” of tenant
- “Perfect for a single professional”
- “Looking for a quiet older couple”
- “No kids in the upstairs unit”
Even innocent phrasing can classify as discrimination based on familial status, age, or source of income.
🚫 Comments related to protected classes
Anything referencing:
- Race
- Color
- Religion
- Sex (including gender identity & sexual orientation)
- National origin
- Disability
- Familial status
Example:
“You might be more comfortable somewhere quieter” — if said to a family.
🚫 Steering or “guiding” applicants
Never tell a prospect where they “should” live based on who they are.
What You Can Say
Fair housing doesn’t prevent you from being a strong, clear landlord. You CAN:
✅ Use objective, property-specific language
“2-bed, 1-bath home with fenced yard”
“Quiet hours enforced 10 PM–7 AM”
“Swift approval for well-qualified applicants”
✅ Enforce written policies consistently
If your policy applies to one, it must apply to all.
✅ Explain screening criteria neutrally
Income requirements
Credit thresholds
Criminal background standards (within federal guidelines)
Occupancy limits (within HUD Guidelines)
❗ Bonus: Support Animals
You may ask for documentation, but you may not:
- Charge pet rent
- Charge pet deposits
- Deny a qualified ESA/Service animal
Why This Matters for Houston Landlords?
Houston can be tough. Tenants know their rights, attorneys know the loopholes, and enforcement is only getting stricter.
At PrimePointe Property Management, we see the same pattern: Landlords think they are being helpful or conversational, and accidentally create liability.
Our team protects you with:
- Fair Housing compliant advertising
- Consistent screening
- Documented communication
- Staff trained to spot phrasing that could cost you thousands
One wrong sentence can trigger a complaint. One smart partnership can prevent all of them.
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