Current through Reg. 49, No. 38; September 20, 2024
(a)
Discrimination prohibitions under the Texas Fair Housing Act based on familial
status do not apply to housing provided under any federal or state program that
the US Department of Housing and Urban Development (HUD) Secretary has
determined is designed and operated specifically to assist elderly persons , as
defined in the federal or state program.
(b) Discrimination prohibitions under the
Texas Fair Housing Act based on familial status do not apply to housing
intended for and solely occupied by individuals 62 years of age or older. This
exemption shall apply regardless of the fact that:
(1) there were individuals residing in such
housing on September 13, 1988, who were under 62 years of age, provided that
all new occupants are 62 years of age or older;
(2) there are unoccupied units, provided that
such units are reserved for occupancy for individuals 62 years of age or older;
or
(3) there are units occupied by
employees of the housing (and family members residing in the same unit) who are
under 62 years of age provided they perform substantial duties directly related
to the management or maintenance of the housing.
(c) Discrimination prohibitions under the
Texas Fair Housing Act based on familial status do not apply to housing
intended and operated for occupancy by individuals 55 years of age or older if:
(1) at least 80 percent of the units in the
housing facility are occupied by at least one person 55 years of age or older.
However:
(A) a newly constructed housing
facility for first occupancy after March 12, 1989, need not comply with this 80
percent occupancy requirement until 25 percent of the units in the facility are
occupied; and
(B) a housing
facility or community may not evict, refuse to renew leases, or otherwise
penalize families with children in order to achieve occupancy of at least 80
percent of the occupied units by at least one person 55 years of age or
older;
(2) the owner or
manager of a housing facility publishes and adheres to policies and procedures
that demonstrate an intent by the owner or manager to provide housing for
individuals 55 years of age or older. The following factors, among others, are
relevant in determining whether the owner or manager of a housing facility has
complied with the requirements of this paragraph:
(A) The manner in which the housing facility
is described to prospective residents;
(B) The nature of any advertising designed to
attract prospective residents;
(C)
Age verification procedures;
(D)
Lease provisions;
(E) Written rules
and regulations;
(F) Actual
practices of the housing facility or community; and
(G) Public posting in common areas of
statements describing the facility or community as housing for individuals 55
years of age or older; and
(3) the housing facility satisfies the
requirements of this section regardless of the fact that:
(A) as of September 13, 1988, under 80
percent of the occupied units in the housing facility were occupied by at least
one person 55 years of age or older, provided that at least 80 percent of the
units that were occupied by new occupants after September 13, 1988, were
occupied by at least one person 55 years of age or older;
(B) there are unoccupied units, provided that
at least 80 percent of such units are reserved for occupancy by at least one
person 55 years of age or older; and
(C) there are units occupied by employees of
the housing facility (and family members residing in the same unit) who are
under 55 years of age provided they perform substantial duties directly related
to the management or maintenance of the housing.
