Housing discrimination and landlord retaliation are serious legal violations under both Texas law and federal fair housing laws. Unfortunately, many tenants in Houston experience discrimination during the rental process or retaliation after asserting their legal rights—often without realizing that these actions may be unlawful.
The Houston Corporate Office of the Law Office of Bryan Fagan, PLLC helps tenants across Houston and Harris County identify discriminatory or retaliatory landlord conduct and take appropriate legal action. Understanding your rights is the first step toward protecting your housing stability and dignity.
What Is Housing Discrimination?
Housing discrimination occurs when a landlord, property manager, or housing provider treats a tenant or prospective tenant unfairly based on a protected characteristic.
Protected Classes Under Fair Housing Laws
Under the Federal Fair Housing Act and Texas law, landlords generally may not discriminate based on:
- Race or color
- National origin
- Religion
- Sex (including sexual harassment)
- Familial status (having children)
- Disability
Additional protections may apply under local ordinances or specific housing programs.
Common Examples of Housing Discrimination
Discrimination can occur at any stage of the rental relationship, including:
- Refusing to rent or renew a lease
- Setting different terms, deposits, or fees
- Misrepresenting availability of housing
- Harassment or hostile treatment
- Steering tenants toward or away from certain units
- Refusing reasonable accommodations for disabilities
Even subtle or indirect actions may qualify as discrimination under the law.
Disability Accommodations & Modifications
Landlords must make reasonable accommodations for tenants with disabilities when necessary for equal use and enjoyment of the property.
Examples include:
- Allowing service or emotional support animals
- Providing reserved parking spaces
- Adjusting policies or procedures
- Permitting reasonable physical modifications (at tenant’s expense in some cases)
Refusing reasonable accommodations may violate fair housing laws.
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 repairs
- Reporting code or health violations
- Complaining about unsafe conditions
- Filing a fair housing complaint
- Joining a tenant organization
Examples of Illegal Retaliation
Retaliation may include:
- Filing or threatening eviction
- Raising rent shortly after complaints
- Reducing services or amenities
- Lockouts or utility shutoffs
- Harassment or intimidation
Texas law prohibits retaliation when a tenant acts in good faith.
Burden of Proof in Retaliation Cases
If adverse action occurs shortly after a tenant asserts their rights, retaliation may be presumed, shifting the burden to the landlord to show a lawful reason for their actions.
Timing and documentation are critical in these cases.
How the Houston Corporate Office Can Help
The Law Office of Bryan Fagan, PLLC assists Houston tenants with:
- Housing discrimination claims
- Retaliation defenses in eviction cases
- Reasonable accommodation disputes
- Fair housing complaints
- Lease enforcement and tenant advocacy
Our Houston Corporate Office understands federal fair housing laws, Texas Property Code protections, and Harris County court procedures.