Are landlords allowed to set different rental rates for different tenants in violation of Fair Housing Law?
No, landlords are not allowed to set different rental rates for different tenants in violation of the Fair Housing Law in Texas. The Law prohibits discrimination based on race, skin color, religion, national origin, sex, disability, familial status, or age when it comes to the rental of a dwelling. For example, a landlord cannot charge higher rent based on a person’s race alone. They also cannot assign different rental terms, or refuse to negotiate on price or rental terms with someone based on a protected characteristic. Additionally, landlords are prohibited from refusing to rent to prospective tenants based on their membership in a protected class. Texas Fair Housing Law applies to all rental units, including apartments, duplexes, single-family homes, and even boarding houses. Furthermore, while the law does not prohibit landlords from setting different rental rates based on income, they are required to make rental rates uniform if their tenant income is based on a protected class. In sum, it is important for landlords to be aware of their responsibilities under the Texas Fair Housing Law. Unequal treatment in setting rental rates, or in any other aspects of renting out a dwelling, is prohibited by law.
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