Are landlords allowed to reject tenants based on the number of occupants in their household under Fair Housing Law?

Under Fair Housing Law in Texas, landlords are not allowed to reject tenants based on the number of occupants in their household. This is because the Fair Housing Act of 1968 protects tenants from discrimination based on the number of individuals in a family unit, including race, color, religion, sex, national origin, familial status, and disability. In Texas, it is illegal for landlords to reject a tenant based on the size of the family, even if the rent structure for the property is based on a per-person rate. Landlords are, however, allowed to specify the maximum number of occupants allowed in the property, as well as place reasonable restrictions on the number of people in the household. This could include a maximum number of individuals they will accept, occupancy caps, or limits on the number of occupants based on the size of the dwelling and/or rental property. Additionally, landlords may not advertise a property as being available only to certain kinds of families, and they are not allowed to charge different rates to families of different sizes. This is an attempt to keep housing discrimination to a minimum and to protect all Texans from unfair housing practices. Landlords must still comply with the Fair Housing Act and any relevant state or local housing laws.

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Are landlords allowed to reject tenants based on the number of occupants in their household under Fair Housing Law?

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