Protected Classes

Fair Housing and Protected Classes in Texas ## Federal Fair Housing Act (1968) The federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prohibits discrimination in the sale, rental, or financing of housing based on membership in any of seven protected classes: 1. Race 2. Color 3. National Origin 4. Religion 5. Sex 6. Familial Status (having children under 18, being pregnant, or in the process of legal custody of a child) 7. Disability (physical or mental impairment substantially limiting a major life activity) Discriminatory advertising is prohibited — any notice or advertisement indicating a preference, limitation, or discrimination based on a protected class. Examples: "perfect for Christian families," "great for a young couple" (familial status signal), or using models of only one race in advertising for a large development. ## Texas Law and Local Additions The Texas Fair Housing Act (Texas Property Code Chapter 301) mirrors the federal seven protected classes. Additional protected classes (sexual orientation, gender identity, source of income) exist at the municipal level in certain Texas cities (Austin, Dallas, Houston, San Antonio) but NOT under state law. Agents operating in those cities must comply with local ordinances in addition to state and federal requirements. ## Fair Housing Exemptions The "Mrs. Murphy" exemption allows owner-occupants of 1-4 unit dwellings to make personal choices about tenants IF: - They live in one of the units (owner-occupied) - They do NOT use a real estate agent - They do NOT use discriminatory advertising Critical rule for licensees: Texas licensees CANNOT invoke the Mrs. Murphy exemption on behalf of a client. If a licensed agent is involved, the full Fair Housing Act applies, period. Other…