Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

What is NOT a legal reason to refuse housing to prospective tenants with disabilities?

1. Direct threat to others

2. Poverty status

3. Criminal background

4. Physical or mental impairments

The correct answer is: Physical or mental impairments

The correctness of the response lies in the understanding of housing laws and regulations regarding individuals with disabilities. Under the Fair Housing Act, it is illegal to discriminate against individuals based on their disabilities. A tenant's physical or mental impairments do not constitute a valid reason to refuse housing. Instead, the law aims to protect individuals with disabilities from being denied housing solely based on their condition. In contrast, several other reasons for refusing housing could be considered legitimate under certain circumstances. For example, a direct threat to others can be a valid reason to deny housing if documented evidence demonstrates that the behavior associated with the person's disability poses a significant risk of harm to others. Similarly, evaluating a criminal background can also fall within legal parameters, as landlords are permitted to screen tenants for violent or serious criminal history, provided it follows the laws governing tenant screening and discrimination. Poverty status, however, is primarily related to socioeconomic factors and typically cannot justify denying housing, as it pertains to a person's financial situation rather than their ability or disability. Thus, the lack of legality in denying housing based on a tenant's physical or mental impairments makes this choice the correct answer.