Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 20 - TEXAS WORKFORCE COMMISSION
Chapter 819 - CIVIL RIGHTS DIVISION
Subchapter H - DISCRIMINATORY HOUSING PRACTICES
Section 819.128 - Discrimination in the Selling, Brokering, or Appraising of Residential Real Property

Universal Citation: 40 TX Admin Code § 819.128

Current through Reg. 50, No. 13; March 28, 2025

(a) It is unlawful for a person whose business includes engaging in selling, brokering, or appraising of residential real property to discriminate based on race, color, disability, religion, sex, national origin, or familial status.

(b) It is unlawful to discriminate based on race, color, disability, religion, sex, national origin, or familial status by denying any person access to or membership or participation in any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against any person in the terms or conditions of such access, membership, or participation.

(c) Prohibited actions under this section include, but are not limited to:

(1) setting different fees for access to or membership in a multiple listing service;

(2) denying or limiting benefits accruing to members in a real estate brokers' organization;

(3) imposing different standards or criteria for membership in a real estate sales or rental organization; and

(4) establishing geographic boundaries or office location or residence requirements for access to, or membership or participation in, any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings.

(d) For the purposes of this section, the term "appraisal" shall mean an estimate or opinion of the value of a residential real property made in a business context in connection with the sale, rental, financing, or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate-related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.

(e) Practices that are unlawful under this section include, but are not limited to, using an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling where the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, disability, religion, sex, national origin, or familial status.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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