Are landlords allowed to discriminate against tenants based on their marital status under Fair Housing Law?

In Texas, landlords are not allowed to discriminate against tenants on the basis of marital status under the Fair Housing Law. This law, which is part of the Federal Fair Housing Act, prohibits discrimination against people based on certain characteristics, such as race, religion, disability, gender, and marital status. This means that, regardless of a tenant’s marital status (single, married, divorced, widowed, etc.), they are to be treated equally when seeking housing. Though landlords may not discriminate against potential tenants based on marital status, they are still allowed to inquire about a tenant’s relationship status if it pertains to other accepted criteria. For example, if a landlord needs to verify someone’s ability to pay rent, they may ask to see a co-signer; this is permissible since it has nothing to do with marital status but is instead reflective of a tenant’s economic status. It is important to note that there may be some exceptions to this rule, such as if a landlord owns a rental unit in a senior living community or has a building that is reserved for families or married couples. In these cases, the landlord can indeed request information about a tenant’s marital status. Nonetheless, in all other cases, landlords in Texas are prohibited from discriminating against a tenant based on their marital status.

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