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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 20TEXAS WORKFORCE COMMISSION
CHAPTER 819CIVIL RIGHTS DIVISION
SUBCHAPTER HDISCRIMINATORY HOUSING PRACTICES
RULE §819.132Discrimination Based on Disability

(a) It is unlawful to discriminate by refusing to sell or rent, or otherwise make unavailable, or deny a dwelling to a potential buyer or renter based on a disability of:

  (1) the potential buyer or renter;

  (2) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

  (3) any person associated with that person.

(b) It is unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:

  (1) that buyer or renter;

  (2) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

  (3) any person associated with that person.

(c) It is unlawful to make an inquiry to determine whether a potential buyer or renter of a dwelling, a person intending to reside in that dwelling after it is sold, rented, or made available, or any person associated with that potential buyer or renter has a disability. However, this section does not prohibit the following inquiries, provided they are made of each potential buyer or renter, whether or not the person has a disability:

  (1) Whether the potential buyer or renter is able to meet the requirements of ownership or tenancy;

  (2) Whether the potential buyer or renter qualifies for a dwelling available only to individuals with disabilities or to people with a particular type of disability;

  (3) Whether the potential buyer or renter qualifies for a priority available to individuals with disabilities or to people with a particular type of disability;

  (4) Whether the potential buyer or renter is a current illegal abuser or addict of a controlled substance; or

  (5) Whether the potential buyer or renter has been convicted of the illegal manufacture or distribution of a controlled substance.


Source Note: The provisions of this §819.132 adopted to be effective September 27, 2005, 30 TexReg 6065; amended to be effective June 16, 2014, 39 TexReg 4659

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