Yes — but only for lawful, non-discriminatory reasons. Texas landlords can legally deny your application based on credit history, income, prior evictions, or a criminal record. They cannot refuse to rent because of race, religion, sex, disability, national origin, familial status, or other protected characteristics under federal and Texas fair housing law.
Key facts
- Texas landlords must give you written notice of their screening criteria at the time you apply. If they don’t — and then deny you — they must refund your application fee and deposit. (Tex. Prop. Code §92.3515)
- Seven characteristics are federally protected: race, color, religion, sex, national origin, familial status, and disability. Since September 2023, Texas law also treats discrimination based on hair texture or protective hairstyles (braids, locks, twists) as racial discrimination. (Tex. Prop. Code §301.0045)
- Texas state law prevents cities from requiring landlords to accept Section 8 vouchers or other federal housing assistance as a source of income. (Tex. Local Gov’t Code §250.007)
- Blanket criminal record bans can create fair housing liability through disparate impact. Arrest records — without a conviction — should not by themselves be grounds for denial. (HUD Guidance, April 2016)
- If your application is denied based on a consumer report, you are legally entitled to a written adverse action notice identifying the reporting agency and your right to dispute the information. (15 U.S.C. §1681m)
What legal reasons can a Texas landlord deny my application?
Under Texas Property Code §92.3515, landlords in Texas may screen applicants and deny them based on the following criteria — provided they disclosed those criteria in writing before you applied:
- Credit history: low scores, unpaid collections, or recent delinquencies
- Income: failure to meet the landlord’s income threshold (industry practice commonly requires gross income of at least 2.5–3× monthly rent, though Texas law does not mandate a specific ratio)
- Criminal history: convictions, and non-conviction records less than 7 years old under the Fair Credit Reporting Act
- Prior eviction history: eviction filings can appear on tenant screening reports for up to 7 years under federal law
- Incomplete or inaccurate application: lying or omitting material information on the form
Texas law does not require landlords to tell you exactly which criterion you failed to meet. However, if the denial was based on a consumer report — a credit check, background check, or eviction screening — federal law kicks in with specific requirements.
What are illegal grounds for denial in Texas?
Under the federal Fair Housing Act (42 U.S.C. Chapter 45) and the Texas Fair Housing Act (Tex. Prop. Code Chapter 301), a landlord cannot refuse to rent to you because of:
- Race or color — including, since September 1, 2023, hair texture and protective hairstyles such as braids, locks, and twists (Tex. Prop. Code §301.0045)
- Religion
- National origin
- Sex (including sexual orientation and gender identity, per HUD guidance)
- Familial status — having children under 18, being pregnant, or in the process of obtaining legal custody of a child
- Disability — including refusing to make reasonable accommodations in policies or the physical premises (Tex. Prop. Code §301.025)
Discrimination includes more than an outright refusal: setting different lease terms, requiring a larger deposit, claiming a unit is unavailable when it isn’t, or steering you toward certain buildings based on any of the above characteristics is also illegal.
The Texas Fair Housing Act covers most housing. Narrow exemptions exist for owner-occupied buildings of four units or fewer, some single-family rentals sold or rented without a broker, religious organizations limiting occupancy to members, and qualifying housing for older persons (55+ communities).
Can a Texas landlord refuse me because of a criminal record?
Texas landlords may consider criminal history — it is a stated lawful screening factor under Tex. Prop. Code §92.3515(a)(1). One explicit statutory carve-out: landlords may refuse applicants convicted of the illegal manufacture or distribution of a controlled substance, even though other protected-class rules still apply (Tex. Prop. Code §301.021(c)).
That said, three important limits apply:
1. FCRA reporting limits on non-conviction records. Under 15 U.S.C. §1681c, arrests that did not result in a conviction, dismissed charges, and acquittals can only appear on a tenant screening report if they are less than 7 years old. Criminal convictions, by contrast, can be reported regardless of how long ago they occurred.
2. Arrest records alone are not enough. HUD has issued guidance stating that a record of arrest — without a conviction — does not constitute proof of unlawful conduct and should not by itself be grounds for denial.
3. Blanket bans risk fair housing liability. In April 2016, HUD issued guidance finding that categorical policies excluding anyone with any criminal record can violate the Fair Housing Act through disparate impact — because they disproportionately screen out people based on race and national origin. Landlords using blanket criminal bans face the risk of fair housing complaints. HUD advises considering the nature, severity, and recency of the specific offense rather than applying a one-size-fits-all prohibition.
Consulting a licensed Texas attorney before implementing or challenging a criminal screening policy is strongly recommended.
Can a Texas landlord refuse my Section 8 housing voucher?
This is one of the most counterintuitive areas of Texas rental law. Unlike California, New York, and some other states, Texas does not require private landlords to accept Section 8 or Housing Choice Vouchers as a source of income.
Texas Local Government Code §250.007, enacted in 2015 and last amended in 2017, prohibits cities and counties from passing ordinances that would force private landlords to accept funding from federal housing assistance programs (including Housing Choice Vouchers) as a source of income. This law was passed at the state level after Austin enacted a source-of-income protection ordinance in 2014, and it effectively preempts that and any similar local ordinance statewide.
Two narrow exceptions matter:
Veterans: §250.007(b) does not prevent ordinances or programs specifically protecting military veterans’ source of income.
Voluntary incentive programs: §250.007(c) does not prevent municipalities or counties from offering incentives — such as density bonuses or contract commitments — designed to encourage landlords to accept federal housing vouchers voluntarily.
The practical consequence: outside of TDHCA-monitored or federally subsidized properties (which carry their own requirements), most Texas landlords can legally decline to participate in the Housing Choice Voucher program and may list “no vouchers” in their screening criteria.
This is a legally complex area. Court challenges to §250.007 have been filed in the past. Always verify the current state of the law with a licensed Texas attorney.
What notice must a landlord give me if my application is denied?
Two separate notice requirements apply, under state and federal law respectively.
Before you apply — screening criteria disclosure (Texas law). Under Tex. Prop. Code §92.3515, the landlord must make available to you a printed notice of their tenant selection criteria — including any criminal, rental, income, or credit requirements — at the same time they give you the rental application. You are required to sign an acknowledgment confirming you received it.
Critical consequence of non-compliance: If the landlord fails to provide this notice and then rejects your application, they are legally required to refund both the application fee and any application deposit, under §92.3515(e).
After you are denied — adverse action notice (federal law). If your application was denied based in whole or in part on information from a consumer report — a credit check, background screening, or eviction search — the Fair Credit Reporting Act (15 U.S.C. §1681m) requires the landlord to send you a written adverse action notice that includes:
- The name, address, and telephone number of the consumer reporting agency that provided the report
- A statement that the agency did not make the denial decision and cannot explain why
- Your right to obtain a free copy of the report within 60 days
- Your right to dispute the accuracy or completeness of any information in the report
How do I challenge an illegal denial in Texas?
If you believe a landlord violated fair housing law in denying your application, you have several paths:
Texas Workforce Commission (TWC) Civil Rights Division. The TWC enforces the Texas Fair Housing Act. File within one year of the alleged violation by email at HousingComplaint@twc.state.tx.us, online at apps.twc.state.tx.us, or by mail to 1117 Trinity Street, Room 144-T, Austin, TX 78701. Phone: (888) 452-4778.
U.S. Department of Housing and Urban Development (HUD). File a complaint online at hud.gov/program_offices/fair_housing_equal_opp/online-complaint.
Local enforcement agencies. Austin (City of Austin Equity Employment and Fair Housing Office, 512-974-3251), Dallas, Fort Worth, Corpus Christi, and Garland all have local fair housing offices that accept complaints.
Private civil action. The Fair Housing Act permits you to file suit in federal district court for actual damages, punitive damages, injunctive relief, and attorney’s fees.
Free legal help
- Austin Tenants Council: (512) 474-1961
- Greater Houston Fair Housing Center: (713) 641-3247
- San Antonio Fair Housing Council: (210) 733-3247
Document everything: save your application, all communications, and note specific dates and statements. Prompt action matters — most complaint deadlines are one year from the discriminatory act.
This article is for general informational purposes only and is not legal advice. Consult a licensed Texas attorney for guidance specific to your situation.
Sources
Federal Fair Housing Act (42 U.S.C. Chapter 45) — primary law; defines federal protected classes in housing: uscode.house.gov
Texas Fair Housing Act (Tex. Prop. Code Chapter 301) — state law; protected classes, enforcement, complaint process: statutes.capitol.texas.gov
Tex. Prop. Code §301.0045 — Racial Discrimination Based on Hair Texture or Protective Hairstyle; eff. September 1, 2023: texas.public.law
Tex. Prop. Code §92.3515 — Notice of Eligibility Requirements; screening criteria notice and fee refund rules: texas.public.law
Tex. Local Gov’t Code §250.007 — Regulation of Rental or Leasing of Housing Accommodations; source-of-income preemption: texas.public.law
15 U.S.C. §1681c (FCRA) — Limits on adverse information in consumer reports; 7-year rule for non-convictions: law.cornell.edu
15 U.S.C. §1681m (FCRA) — Requirements on users of consumer reports; adverse action notice requirements: law.cornell.edu
Federal Register 2024-06218 — HUD guidance on criminal history screening; April 10, 2024: federalregister.gov
TDHCA — How to File a Fair Housing Complaint; TWC and HUD complaint process in Texas: tdhca.texas.gov
TexasLawHelp.org — Housing Discrimination in Texas; reviewed July 29, 2025: texaslawhelp.org
This article was written by Gia, an AI. 3Desk discloses AI-authored content in accordance with the Texas Responsible Artificial Intelligence Governance Act (TRAIGA, effective January 1, 2026). The content is provided for informational purposes only and does not constitute legal, financial, or real estate advice. Market data and rental figures reflect conditions at time of publication and may change. Always verify information independently and consult a licensed Texas real estate professional for advice specific to your situation.
For comments or corrections, please email newsroom@3desk.ai.