Housing discrimination and landlord retaliation are serious violations of both Texas law and federal fair housing protections. In a diverse and fast-growing city like Austin, tenants may face discrimination during the rental process or retaliation after asserting their legal rights—often without realizing that these actions may be unlawful.
The Austin Office of the Law Office of Bryan Fagan, PLLC helps tenants throughout Austin and Travis County identify discriminatory or retaliatory conduct by landlords and take appropriate legal action. Understanding your rights under fair housing laws can help protect your home, your family, and your dignity.
What Is Housing Discrimination?
Housing discrimination occurs when a landlord, property manager, or housing provider treats a tenant or prospective tenant unfairly because of a legally protected characteristic.
Protected Classes Under Fair Housing Laws
Under the Federal Fair Housing Act and Texas law, discrimination is generally prohibited based on:
- Race or color
- National origin
- Religion
- Sex (including sexual harassment)
- Familial status (having children)
- Disability
Additional protections may apply under local ordinances, housing programs, or disability regulations.
Common Examples of Housing Discrimination
Discrimination may occur at any stage of the rental relationship, including:
- Refusing to rent or renew a lease
- Charging different rent, deposits, or fees
- Falsely claiming a unit is unavailable
- Harassment or hostile treatment
- Steering tenants toward or away from certain properties
- Refusing reasonable accommodations for disabilities
Even subtle or indirect conduct may violate fair housing laws.
Disability Accommodations & Modifications
Landlords must provide reasonable accommodations for tenants with disabilities when necessary to ensure equal use and enjoyment of the rental property.
Examples include:
- Allowing service or emotional support animals
- Providing accessible parking
- Modifying rules or policies
- Permitting reasonable physical modifications (at the tenant’s expense in some cases)
Refusing a reasonable accommodation may constitute illegal discrimination.
What Is Landlord Retaliation?
Landlord retaliation occurs when a landlord takes adverse action against a tenant because the tenant exercised a legal right.
Protected Tenant Actions Include:
- Requesting lawful repairs
- Reporting housing or code violations
- Complaining about unsafe conditions
- Filing a fair housing complaint
- Joining or organizing a tenant association
Examples of Illegal Retaliation
Retaliation may include:
- Filing or threatening eviction
- Increasing rent shortly after complaints
- Reducing services or amenities
- Lockouts or utility shutoffs
- Harassment or intimidation
Texas law prohibits retaliation when tenants act in good faith.
Burden of Proof in Retaliation Cases
If negative action occurs soon after a tenant asserts their rights, retaliation may be presumed, shifting the burden to the landlord to show a lawful reason for their conduct.
Documentation and timing are critical in these cases.
How the Austin Office Can Help
The Law Office of Bryan Fagan, PLLC assists Austin-area tenants with:
- Housing discrimination claims
- Retaliation defenses in eviction cases
- Reasonable accommodation disputes
- Fair housing complaints
- Lease enforcement and tenant advocacy
Our Austin Office understands Travis County courts, local housing practices, and federal and state fair housing laws.