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Texas Landlord & Tenant Laws


Posted by Tamara

The former owner and the manager of a retirement community in San Antonio, Texas have agreed to pay $420,000 to settle a federal lawsuit alleging that they discriminated against tenants with disabilities.

“Persons with disabilities, particularly those residing in retirement communities, rely on housing providers to respect their legal rights,” said R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division. “The discrimination that took place in this instance abused that trust and will not be tolerated.”

The Justice Department filed suit an insurance company that formerly owned the Newforest Estates Retirement Community, also known as the Summit at Newforest, and the management company.  The suit alleged that the defendants evicted residents with disabilities if they were unable to walk without assistance or if they required too many hours of assistive services. The complaint also alleges the owners and managers illegally conducted health assessments of its residents as a condition of tenancy.

It is a violation of the Texas landlord & tenant laws to discriminate against disabled residents. The owner and management company will pay $260,000 to compensate six former and current residents, and each will pay a $25,000 civil penalty to the United States. They will also establish a $110,000 settlement fund to compensate any additional victims.

As part of today’s settlement, which was signed and entered by the court today, the current owner of Newforest Estates has agreed to implement nondiscriminatory rental standards and tenant rules and to replace current leases containing discriminatory policies.

It is a violation of the federal and Texas landlord & tenant laws to discriminate based on race, color, national origin, religion, sex, or disability. It is also illegal to discriminate based on familial status, including children under the age of 18 who are living with their parents or legal custodians, pregnant women, and people seeking the custody of children under the age of 18. 

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