Are landlords allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law?

In Texas, landlords are allowed to deny rental applications based on a tenant’s criminal background in accordance with the Fair Housing Law. The Fair Housing Law defines protected classes, which include race, color, national origin, religion, sex, familial status, or disability. It is illegal for landlords to use a tenant’s criminal background history to deny them rental applications if the tenant belongs to one of these protected classes. However, landlords are allowed to consider an applicant’s criminal background. Such inquiries must follow the Fair Housing Law’s guidelines and be consistent with other applicants. Additionally, landlords can differentiate between applicants in terms of the type, severity, and time since the crime. It is important to note that landlords are not allowed to deny an applicant based on a conviction record that has been expunged. An expunged record means that the conviction should not be considered in the application process. In summary, landlords in Texas are allowed to deny rental applications based on a tenant’s criminal background, as long as it is consistent with the Fair Housing Law and other applicants. Additionally, landlords cannot deny an applicant based on an expunged record.

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Are landlords allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law?

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