(The Dallas Examiner) – “Be sure that you know what you’re getting into before you sign a lease,” warned Frances Espinoza, executive director at North Texas Fair Housing Center, during a recent webinar – Applying to Rent an Apartment or Home? Things You Need to Know About Background Checks, Immigration Status and Domestic Violence, hosted by North Central Texas Area Agency on Aging and Disability Resource Center.

“When you go to see a unit that you are going to rent, and it’s not in the condition that you want to rent it in, the housing provider tells you they’re going to make repairs or changes, just be careful about that … it’s really difficult, once you move in, to get that stuff done.”

The landlord is required to provide the tenant with a list of tenant selection criteria at the time of application. The applicant must sign an acknowledgment form verifying that they received a written tenant criteria checklist. Texas law does not limit the amount the landlord can charge in application fees, and these fees are non-refundable, according to the Texas Property Code, Section 92.3515.

“If they tell you that you have to give an application deposit or a holding deposit – when they use the word ‘deposit’ – if you give them that amount, if they come back and tell you that you didn’t pass the screening criteria and they’re not going to rent to you, that portion, the deposit portion, should be returned to you,” Espinoza explained.

Texas law states the screening criteria must be applied consistently to all potential tenants and based on legitimate business reasons, such as criminal history, previous rental history, current income and credit history.

Criminal background checks

“Criminal background, in and of itself, is not a protected class under the Fair Housing laws,” she said.

HUD recognizes disparities in policing based on disparate impact theory and issued guidance that prohibits denying housing based on arrest records, blanket bans on anyone with a criminal history, and conducting background checks inconsistently – performing them on some and not others based on stereotypes of fear.

“Housing providers need to look closely at criminal background checks because they can’t deny somebody just based on a charge or the fact that they were arrested five years ago. The criteria they should be using is – is there a conviction, and what is that conviction for?” Espinoza stated.

Denying an applicant because of a criminal record or criminal history may be a pretext for unequal treatment based on race, national origin or disability. 

Applicants can request a copy of the background check used for the screening process if denied housing based on that background check.  

Immigration status

“Immigration status, like criminal background, is not in and of itself, a protected class. But denying somebody based on their immigration status could be a proxy for discrimination against a specific group of people,” she stated.  

Some examples include a housing provider requiring additional documentation to rent, claims that applicants violated other laws, and refusal to accept alternate forms of identification or proof of income.

Espinoza noted that complaints regarding denial based on immigration status are more prevalent in the Hispanic population.

Domestic violence

“If someone has something that comes up in their rental history or credit history, if it’s due to the fact they were a former domestic violence victim, then the housing provider shouldn’t be using that as a way to deny their application,” Espinoza explained.   

The Violence Against Women Act provides protections for victims of domestic violence, dating violence, sexual assault and stalking. VAWA protections are a change or exception to standard policies and procedures to accommodate a household with the previously mentioned abuses. These protections are available equally to all individuals regardless of sex, gender identity or sexual orientation.

If a tenant or applicant identifies as a covered person, the housing provider may request in writing one of the following: signed certification by the victim service provider, attorney, medical or mental health professional from whom the covered person sought assistance; record of a federal, state, tribal, territorial or local law enforcement agency, court or administrative agency; or a statement or other evidence provided by the applicant or tenant.

Housing providers may also accept verbal requests for VAWA protections and may not require more than one type of documentation. The housing provider must allow at least 14 days for a response.

There are options if the tenant is currently in a tenancy and domestic violence occurs.

“A DV victim can ask to be released from a lease without any fees or penalties if it’s due to domestic violence issue,” she commented.  

The law also protects against family violence and sexual assault. Under Texas Property Code Section 92.016, a tenant may terminate a lease and avoid liability for future rent with a temporary injunction, temporary ex parte order or a protective order.

For more information or to locate an advocate, visit https://www.northtexasfairhousing.org.