Are landlords allowed to refuse to rent to people based on their gender identity under Fair Housing Law?

Under the Fair Housing Law in Texas, landlords are not allowed to refuse to rent to people based on their gender identity. This is because the Fair Housing Law protects individuals from discrimination based on race, color, national origin, religion, sex, disability, and familial status. In 2018, the Texas Supreme Court ruled that discrimination based on sexual orientation and gender identity was not explicitly covered by state or federal law. However, the Department of Housing and Urban Development (HUD) considers such discrimination to fall under the category of sex discrimination under the Fair Housing Law. This means that a landlord cannot turn away someone based on their gender identity. If, for example, a landlord refuses to rent an apartment to a transgender person, it would be considered a violation of the Fair Housing Law. The landlord may be subject to legal action if they do not comply with this law.

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