Podcast
Questions and Answers
What is the Texas Department of Housing and Community Affairs?
What is the Texas Department of Housing and Community Affairs?
A department that administers assigned programs on Texas housing, invests resources strategically, and develops high quality affordable housing.
What is a reasonable accommodation?
What is a reasonable accommodation?
A change in rules, policies, or practices that may be necessary to afford a person with a disability an equal opportunity to use or enjoy a dwelling.
What are local ordinances in the context of housing?
What are local ordinances in the context of housing?
States, cities, counties, and other municipalities can all have their own fair housing laws in addition to the federal Fair Housing Act.
What do Texas Fair Housing laws include?
What do Texas Fair Housing laws include?
What is a protected category according to Texas fair housing laws, but not a national one?
What is a protected category according to Texas fair housing laws, but not a national one?
What are landlords' responsibilities regarding modifications for disabilities?
What are landlords' responsibilities regarding modifications for disabilities?
Who's responsible for paying for modifications to accommodate a disability?
Who's responsible for paying for modifications to accommodate a disability?
What did the 2014 amendment to the REALTOR® Code of Ethics involve?
What did the 2014 amendment to the REALTOR® Code of Ethics involve?
What do local communities in Texas have regarding discrimination against the LGBTQ community?
What do local communities in Texas have regarding discrimination against the LGBTQ community?
What does the Texas Property Code overview provide?
What does the Texas Property Code overview provide?
What major functions does the Texas Department of Housing and Community Affairs have?
What major functions does the Texas Department of Housing and Community Affairs have?
What are owners of TDHCA monitored rental properties required to do?
What are owners of TDHCA monitored rental properties required to do?
What are owners of TDHCA monitored rental properties prohibited from doing?
What are owners of TDHCA monitored rental properties prohibited from doing?
What is the maximum portion of rent a household can be asked to demonstrate income for in relation to a housing voucher?
What is the maximum portion of rent a household can be asked to demonstrate income for in relation to a housing voucher?
What protections are in place regarding families with children?
What protections are in place regarding families with children?
What do reasonable accommodation requests include?
What do reasonable accommodation requests include?
How must requests for reasonable accommodations be made?
How must requests for reasonable accommodations be made?
What is the legal status of service animals?
What is the legal status of service animals?
What should tenants do if they receive an eviction notice?
What should tenants do if they receive an eviction notice?
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Study Notes
Texas Department of Housing and Community Affairs
- Administers housing programs in Texas, focusing on affordable housing and community development.
Reasonable Accommodation
- Refers to necessary changes in rules or policies to ensure equal housing access for individuals with disabilities.
Local Ordinances
- Various Texas municipalities can have unique fair housing laws, complementing the federal Fair Housing Act.
Texas Fair Housing Laws
- Include the same protected classes as federal laws, plus ancestry as an additional class. Some Texas cities also include sexual orientation as a protected class.
Protected Category in Texas
- Ancestry is uniquely recognized in Texas fair housing laws, not listed in federal laws.
Apartment Complex Regulations
- Fair housing laws must be adhered to in multi-family dwellings. Open access to all apartment areas is required, with reasonable arrangements for tenants with disabilities.
Landlord Responsibilities
- Landlords must allow tenants to modify properties for disability accommodations, at the tenant's expense, ensuring properties are returned to original condition upon move-out.
Assistance Animals
- Landlords cannot prohibit assistance animals, regardless of pet policies. Discrimination against individuals with service animals is illegal.
NAR Code of Ethics
- Protects against discrimination based on sexual orientation and gender identity, mandating equal service regardless of these traits.
LGBTQ Discrimination Prevention
- Local laws in cities like Austin and Dallas protect against discrimination based on sexual orientation and gender identity.
Texas Property Code
- Outlines tenant rights and includes provisions from the Texas Fair Housing Act.
TDHCA Functions
- Develops affordable housing, regulates qualifying properties, and ensures maintenance standards for these dwellings.
TDHCA Laws
- Oversee fair housing in Texas, paralleling federal laws, without resolving landlord-tenant disputes.
Responsibilities of TDHCA Property Owners
- Must maintain properties per HUD standards, manage utilities, provide tenant amenities, offer written leases, and accommodate tenant disabilities.
Prohibitions for TDHCA Property Owners
- Cannot charge excessive rents, evict without cause, or discriminate against Section 8/HOME program participants.
Familial Status Protections
- Discrimination based on having children or being pregnant is prohibited, ensuring fair treatment for families.
Occupancy Standards
- TDHCA recommends at least two persons per bedroom in absence of local laws.
Steering
- Refers to unlawful practices of guiding potential renters based on protected characteristics, which is considered discrimination.
Structural Modifications for Disabilities
- Reasonable accommodations include physical changes such as ramps or grab bars to enhance accessibility.
Service Animals
- Not categorized as pets; no deposits required for service animals, which must be accepted barring legitimate safety concerns.
Eviction Processes
- The TDHCA does not make determinations on eviction causes; tenants need legal support if faced with eviction notices.
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