Fair Housing Act Complaint - Texas

TEXAS FAIR HOUSING ACT COMPLAINT

1. CAPTION

CAUSE NO. [____________________]

IN THE DISTRICT COURT OF [____________________] COUNTY, TEXAS

[______] JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR INJUNCTIVE RELIEF

1. Violation of the Texas Fair Housing Act (Tex. Prop. Code § 301.001 et seq.);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617); and
3. Failure to Provide Reasonable Accommodation / Modification (Tex. Prop. Code § 301.025; 42 U.S.C. § 3604(f)). [if disability is at issue]

JURY TRIAL DEMANDED

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff files this Original Petition and alleges as follows:

2. DISCOVERY-CONTROL PLAN AND RULE 47 STATEMENT

2.1. Plaintiff intends to conduct discovery under Level [2 / 3] of Tex. R. Civ. P. 190.

2.2. Rule 47 statement of relief sought. Plaintiff seeks monetary relief over [$250,000 but not more than $1,000,000 / other range per Tex. R. Civ. P. 47] and non-monetary (injunctive) relief. [Adjust the bracket to the actual amount in controversy.]

3. PARTIES

3.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Texas, and an "aggrieved person" within the meaning of Tex. Prop. Code § 301.003.

3.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling at issue. Defendant may be served through its registered agent, [REGISTERED AGENT, ADDRESS].

3.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts. Defendant may be served at [ADDRESS].

3.4. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "dwelling" within the meaning of Tex. Prop. Code § 301.004.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction because the amount in controversy exceeds the Court's minimum jurisdictional limits and the action arises under Texas law. The private civil action is authorized by Tex. Prop. Code § 301.151.

4.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

4.3. Venue is proper in [____________________] County under Tex. Civ. Prac. & Rem. Code § 15.002 because all or a substantial part of the events giving rise to the claims occurred in this County and the Property is located here.

4.4. Timeliness. This action is filed within two (2) years after the occurrence or termination of the alleged discriminatory housing practice (or the breach of a conciliation agreement), whichever occurs last, as required by Tex. Prop. Code § 301.151, excluding any period during which an administrative proceeding was pending.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff is a member of one or more classes protected by the Texas Fair Housing Act. Tex. Prop. Code § 301.021 prohibits housing discrimination because of race, color, religion, sex, familial status, national origin, or disability.

5.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

5.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., disability (________), familial status (children under 18 / pregnancy), race (________), national origin, religion, sex].

5.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to sell or rent after a bona fide offer, refusal to negotiate, or otherwise making housing unavailable (Tex. Prop. Code § 301.021(a))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (§ 301.021(b))
☐ Discriminatory notice, statement, or advertisement indicating a preference, limitation, or discrimination (§ 301.022)
☐ Misrepresenting that a dwelling is unavailable when it is in fact available (§ 301.023)
☐ Blockbusting / inducing a sale or rental by representations about neighborhood composition (§ 301.024)
☐ Steering
☐ Refusal to permit a reasonable modification of the premises (disability) (§ 301.025)
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability) (§ 301.025)
☐ Harassment or creation of a hostile housing environment
☐ Intimidation, interference, coercion, or retaliation (Tex. Prop. Code § 301.171)
☐ Discrimination in residential real-estate-related transactions / lending (§ 301.061)
☐ Other state- or locally-protected basis: [DESCRIBE — e.g., source of income under a municipal ordinance]

5.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

5.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

5.7. [Disability allegations, if applicable:] Plaintiff has a disability within the meaning of Tex. Prop. Code § 301.003(5), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/emotional-support animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to engage in the interactive process / imposed unreasonable conditions].

5.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

6. COUNT I — TEXAS FAIR HOUSING ACT (Tex. Prop. Code § 301.001 et seq.)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct constitutes one or more discriminatory housing practices prohibited by Tex. Prop. Code §§ 301.021–301.025 (and, as to interference/coercion, § 301.171) because of Plaintiff's [PROTECTED CLASS].

6.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact cognizable under the TFHA and the federal FHA).

6.4. The TFHA is intended to be consistent with and to provide rights and remedies substantially equivalent to the federal Fair Housing Act.

6.5. Plaintiff is entitled to the relief authorized by Tex. Prop. Code § 301.153, including actual and punitive damages, injunctive relief, court costs, and reasonable attorney's fees.

7. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex (including sexual orientation or gender identity) / familial status / national origin / disability].

7.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

7.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

8. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

8.1. Plaintiff incorporates the preceding paragraphs.

8.2. Plaintiff is a person with a disability under Tex. Prop. Code § 301.003(5) and 42 U.S.C. § 3602(h).

8.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

8.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of Tex. Prop. Code § 301.025 and 42 U.S.C. § 3604(f)(3)(A)-(B).

8.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney's fees and costs.

9. DAMAGES

9.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial (Tex. Prop. Code § 301.153).

9.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

9.3. Punitive damages: Defendant acted with malice or reckless indifference to Plaintiff's federally and state-protected rights, warranting punitive damages under Tex. Prop. Code § 301.153 and 42 U.S.C. § 3613(c)(1).

9.4. Attorney's fees and costs: under Tex. Prop. Code § 301.153 and 42 U.S.C. § 3613(c)(2).

9.5. Pre- and post-judgment interest as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that Defendants be cited to appear and answer, and that on final trial Plaintiff have judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive/exemplary damages as authorized by Tex. Prop. Code § 301.153 and 42 U.S.C. § 3613(c)(1);
• D. For a declaration that Defendants' conduct violated Texas and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For reasonable attorney's fees and court costs under all applicable fee-shifting statutes;
• G. For pre- and post-judgment interest; and
• H. For such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.

11. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable and tenders the jury fee pursuant to Tex. R. Civ. P. 216.

12. VERIFICATION

STATE OF TEXAS §
COUNTY OF [____________________] §

I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff in this action, that I have read the foregoing Petition, and that the factual statements herein are true and correct of my own personal knowledge, except those stated on information and belief, which I believe to be true.

[____________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me on [__/__/____].

[____________________]

Notary Public, State of Texas

13. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], State Bar No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing was served on all counsel/parties of record in accordance with Tex. R. Civ. P. 21 and 21a by [eFileTexas electronic service / certified mail / personal service]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

15. TEXAS PRACTICE NOTES

• Enforcing agency. The Texas Workforce Commission, Civil Rights Division (TWCCRD) administers and enforces the Texas Fair Housing Act and is the state's HUD-certified FHAP agency. The Texas Department of Housing and Community Affairs (TDHCA) plays a fair-housing program role but is not the enforcement agency.
• Protected classes (track federal). Tex. Prop. Code § 301.021: race, color, religion, sex, familial status, national origin, and disability. Texas does NOT add source of income, sexual orientation, or gender identity at the STATE level. Sexual-orientation and gender-identity discrimination is actionable under the FEDERAL "sex" prohibition (post-Bostock) and should be pleaded under the federal count. Some Texas municipalities (e.g., Austin, Dallas) prohibit source-of-income and/or SOGI discrimination by ordinance; plead any applicable local ordinance separately.
• Administrative charge vs. direct court suit. Election is permissive. An aggrieved person may file an administrative complaint with the TWCCRD (Tex. Prop. Code § 301.041 et seq.) OR commence a private civil action directly under Tex. Prop. Code § 301.151 "whether or not a complaint has been filed."
• Limitations periods.
• State court (private TFHA suit): 2 years from the occurrence or termination of the discriminatory practice (or breach of a conciliation agreement), Tex. Prop. Code § 301.151, excluding time an administrative proceeding was pending.
• State administrative complaint to TWCCRD: 1 year (within one year after the discriminatory housing practice occurred or terminated), Tex. Prop. Code § 301.082.
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Damages and penalties. Tex. Prop. Code § 301.153 authorizes actual and punitive damages, injunctive relief, court costs, and attorney's fees in the private civil action. Civil penalties payable to the state are available in TWCCRD/Attorney General enforcement actions (Tex. Prop. Code §§ 301.121, 301.171), not in the private suit. Texas's exemplary-damages cap (Tex. Civ. Prac. & Rem. Code § 41.008) may apply to the state count; the federal count is uncapped.
• Pleading mechanics. Texas uses an "Original Petition," requires a Rule 47 statement of the relief sought, and a Level 1/2/3 discovery-control-plan designation under Tex. R. Civ. P. 190. eFiling through eFileTexas is mandatory for represented parties.
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading state counts only to anchor the case in Texas court.

16. SOURCES AND REFERENCES

• Tex. Prop. Code ch. 301 (Texas Fair Housing Act) — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.301.htm
• Tex. Prop. Code § 301.021 (discrimination in sale or rental) — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.301.htm
• Tex. Prop. Code § 301.151 (civil action; 2-year SOL), § 301.153 (relief granted) — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.301.htm
• Texas Workforce Commission, Civil Rights Division — https://www.twc.texas.gov/programs/civil-rights
• TWC Chapter 301 (Texas Fair Housing Act, compiled PDF) — https://www.twc.texas.gov/sites/default/files/ui/docs/chapter-301-fair-housing-act-twc.pdf
• TexasLawHelp — Housing Discrimination in Texas — https://texaslawhelp.org/article/housing-discrimination-in-texas-renters-and-homebuyers
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Texas must review and customize this document before filing. Verify all statutory citations and court rules before use.