Are landlords allowed to require tenants to submit to a credit check in accordance with Fair Housing Law?

Yes, landlords in Texas are allowed to require tenants to submit to a credit check in accordance with Fair Housing Law. However, applicants must give their written consent before the landlord can require this. Additionally, the landlord must use the same criteria for all applicants and must treat everyone equally when performing the credit check. The regulations surrounding credit checks are in place to ensure that landlords are not discriminating based on race, religion, national origin, color, sex, disability, familial status, or any other protected category under Fair Housing Law. Landlords must use the credit check as a tool to evaluate the financial responsibility of the tenants, not to determine whether an applicant is a member of a certain group. Landlords are also prohibited from asking about the credit history of potential tenants’ family members. It is illegal to reject or discriminate against a tenant based on their credit score, or their racial or religious background. In Texas, landlords are allowed to require tenants to submit to a credit check in accordance with Fair Housing Law. However, they must use it as a tool to evaluate the financial responsibility of the tenants, not as a way to discriminate against potential tenants.

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