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Legislative Update
By CHRISTY RODRIGUEZ, HAA Legislative Chair, with ANDY TEAS, CAE, Vice President of Public Affairs
FAIR HOUSING – IT’S A STATE LAW, TOO Legislators propose expanding state law to cover additional groups.
AS WE CELEBRATE Fair Housing Month, it is important to remember that while states and local governments cannot undo any of the protections offered by the Federal Fair Housing Act, they can offer additional protections that go beyond federal law. President Lyndon Johnson signed the federal Fair Housing Act into law on April 11, 1968. The law prohibited housing discrimination because of race, color, religion or national origin. Sex was added as a protected class in 1974. In 1989, Congress extended the original law to cover disability and familial status. Many Texas cities have local ordinances that prohibit housing discrimination against members of groups that go far beyond the categories protected by federal law. San Antonio’s ordinance covers “race, color, religion, disability, sex, sexual orientation, gender identity, veteran status, age or national origin.” Austin’s ordinance prohibits housing discrimination “…based on race, color, creed, religion, sex, national origin, disability, student status, marital status, familial status, sexual orientation, gender identity, age, or source of income…” In 2014, the Houston City Council passed an ordinance prohibiting housing discrimination based on “sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, genetic information, gender identity, or pregnancy.” Voters overturned that ordinance in an election the following year, returning Houston’s ordinance to simply reflect federal law.
Your Vote Matters www.haaonline.org
This year, Texas legislators have filed a number of bills to expand the state fair housing law to cover additional groups. Here are some of the proposals being addressed this year. H.B. 191 by Rep. Diego Bernal (D-San Antonio) would prohibit housing discrimination based on sexual orientation, or on gender identity or expression, adding those two categories to the state’s list of protected fair housing classes. H.B. 392 by Rep. Rhetta Bowers (D-Garland) would prohibit school, employment and housing discrimination based on “a hair texture or protective hairstyle,” which is defined as a hair texture or hairstyle “commonly or historically associated with race.” H.B. 875 by Rep. Ray Lopez (D-San Antonio) would add “age” to the list of Texas’ protected fair housing categories – defining age interestingly as meaning “65 years of age or more.” H.B. 1470 by Rep. Eddie Rodriguez (D-Austin) would prohibit housing discrimination based on a person’s “source of income,” which is a clever way to say the state would be making the voluntary housing choice voucher program mandatory throughout Texas. The bill would also repeal a section of state law prohibiting cities from doing precisely this, which would be moot were this bill to become law. Beyond vouchers, this bill would also cover rental assistance and rental subsidies from “a non-governmental organization.” H.B. 886 by Rep. Jon Rosenthal (D-Houston) would repeal the state’s prohibition against cities adopting “source of income” protection ordinances, without adding it to the state fair housing law.
H.B. 2069 by Rep. Garnet Coleman (D-Houston) prohibits discrimination based on sexual orientation or gender identity in a wide range of areas, from housing, public accommodation and employment to the acquisition of marriage licenses. S.B. 233 by Sen. John Whitmire (D-Houston) would prohibit discrimination based on gender identity or expression in a wide range of areas including housing and employment. S.B. 265 by Sen. Royce West (D-Dallas) is similar to H.B. 1470, and would prohibit housing discrimination based on “source of income.” The Texas Apartment Association is closely monitoring all of these bills, and will monitor many more that will undoubtedly be filed between now and the bill filing deadline. The apartment industry strongly supports fair housing. We’re in the business of providing rental housing to everyone. The key is always in the details. As the list of categories grows longer and more complex, what do housing providers need to do to prove their compliance? What records do we need to keep? What questions do we need to ask – or are we prohibited from asking? Fair housing is about basic fairness and making sure that people don’t face discrimination for things that shouldn’t matter when looking for a place to live. Unfortunately, though, fair housing is also about proving legal compliance, avoiding frivolous complaints and defending yourself from predatory lawsuits. Our industry’s goal remains making safe, affordable housing available to everyone.
The Houston Apartment Association Political Action Committee is the PAC of the Houston Apartment Association, a non-profit trade association representing the area apartment industry. Without political capital, our industry would not be as successful in representing you or your clients’ interests, and thus, your financial well-being. The HAAPAC participates in local and state political campaigns, helping candidates who support the apartment industry and its supplier businesses. You can participate in the HAAPAC on several levels.
For more on HAAPAC, visit www.haaonline.org/haapac/ April 2021
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