AIDS and the Law Page: 19 of 24
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A GUIDE LEGAL FOR TEXANs AFFECTED BY HIV
If you have sub-metered electricity, it cannot be shut off unless the
electric bill is overdue. If the landlord pays all the bills, she may be able
to shut off utilities for nonpayment of the bill.
The landlord cannot lock you out unless she leaves a note telling you
where you can get a key at any time. She cannot refuse to give you a key,
even if the rent is overdue. If your landlord illegally shuts off your
utilities or refuses to let you into the property, you can sue for damages,
attorney fees, court costs and one month's rent or $500, whichever is
greater, less any rent you owe.
My property is poorly maintained. Can the landlord evict me if I
complain?
No. If you have complained in writing about conditions affecting health
and safety, the landlord cannot retaliate against you for six months.
Retaliation includes eviction as well as raising rent or reducing ser-
vices. If the landlord attempts to retaliate, you can sue for one month's
rent, penalties, moving expenses, attorneys' fees and court costs. Con-
tact the Texas Human Rights Foundation or your local AIDS service
agency for an attorney referral.
I cannot get an apartment because I have HIV or AIDS. What are my
rights?
Federal law prohibits this type of discrimination by most larger housing
complexes. (Owner-occupied small apartment dwellings may not be
covered under this law). A landlord or seller may not ask you questions
about HIV or AIDS and cannot refuse to rent or sell you property on the
grounds that you have an HIV-related condition. If you are evicted or
turned down for housing for this reason, contact an attorney and file a
complaint with the Texas Commission on Human Rights.
BANKRUPTCY & DEBT PROBLEMS
I cannot make my house mortgage payment because of medical bills,
what can I do?
PAGE 19
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/19/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.