Garland, TX asked in Real Estate Law, Landlord - Tenant and Family Law for Texas

Q: Is it illegal for two brothers to apply for a home living with their sisters kids and to be turned down not a family

They turned down the application because they said they are not a family

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It depends upon the particular facts and circumstances. A key fact is whether the two brothers have legal custody of their sisters kids or have a pending action for custody of those kids. If so, federal housing discrimination laws may protect them from "familial status" discrimination.

T. Augustus Claus
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A: Yes, it is illegal for a landlord to deny housing to two brothers who are applying to live with their sisters' children and are turned down because they are not a family. This is because the Fair Housing Act prohibits discrimination against applicants based on their familial status.

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