Fair Housing and the Texas Real Estate Exam

Fair housing questions appear in both the national and Texas sections of the real estate exam. Texas enforces federal law through its own agencies in addition to HUD.

Federal Fair Housing Act: 7 Protected Classes

1. Race
2. Color
3. Religion
4. National Origin
5. Sex (includes gender identity per HUD guidance)
6. Disability/Handicap
7. Familial Status (children under 18, pregnant women)

Texas Fair Housing Act Additions

Texas law (Texas Property Code Chapter 301) adds: - No additional protected classes beyond federal law at the state level, but enforcement is handled by the Texas Workforce Commission (TWC) Civil Rights Division in addition to HUD

Prohibited Practices — Same as Federal

• Steering: Directing buyers/renters toward or away from areas based on protected class
• Blockbusting: Inducing sales by suggesting protected class members are moving in
• Redlining: Refusing to lend in neighborhoods based on racial composition
• Discriminatory advertising: Any ad that indicates preference or limitation based on protected class

Texas-Specific Fair Housing Enforcement

In Texas, housing discrimination complaints can be filed with: - HUD (federal) — within 1 year of the discriminatory act - Texas Workforce Commission (TWC) Civil Rights Division — within 1 year - Federal or state court — within 2 years

The TWC has the authority to investigate complaints and issue findings, parallel to HUD's federal process.

TREC and Fair Housing Violations

A Texas license holder who violates fair housing laws also faces TREC disciplinary action. TREC can: - Suspend or revoke the license - Impose fines up to $5,000 per violation - Require additional education

TREC violations related to fair housing are considered separate from any HUD or civil liability.

Common Exam Scenarios

Q: A Texas license holder tells a buyer, "You'd be more comfortable in a neighborhood with people like you." This is: A: Steering — a violation of the Fair Housing Act. The license holder is directing the buyer based on protected class characteristics.

Q: A Texas property owner wants to sell her single-family home without using a broker and doesn't want to sell to families with children. Is this a Fair Housing violation? A: Possibly exempt under the owner-exemption, but she cannot advertise her restriction. Advertising discrimination is never exempt.

Q: An apartment complex advertises "Adults preferred." Is this a Fair Housing violation? A: Yes — advertising a preference against familial status (children) violates the Fair Housing Act even if the complex itself might qualify for a senior housing exemption.

[Practice fair housing questions at CARealestate.com/states/texas](https://carealestate.com/states/texas)