Is Source of Income Discrimination Legal in Texas Rentals?

If you are a Texas renter who uses housing vouchers or public assistance, you may wonder if your landlord can refuse to rent to you because of your source of income. Understanding these rules can help you know your rights and take action if you face unfair treatment. This guide covers what Texas law says about source of income discrimination, helpful forms, and where to get support.

What Is Source of Income Discrimination?

Source of income discrimination happens when a landlord refuses to rent to someone, or treats them differently, because of how they pay rent—such as using Section 8 Housing Choice Vouchers, Social Security, or other legal income sources. In some states, this is illegal under fair housing laws.

Texas Law: Does It Protect Renters Against Source of Income Discrimination?

Currently, Texas state law does not ban source of income discrimination for most renters. Landlords can generally refuse rental applications if you intend to use a voucher or other non-wage income to pay rent. There is no statewide protection for renters in these situations.^[1]

Unlike some other states, Texas does not include “source of income” as a protected class in its Texas Fair Housing Act.

Exceptions: Where Local Rules Differ

While state law does not protect against source of income discrimination, a few Texas cities have local ordinances. For example:

• Austin: The City of Austin prohibits discrimination based on source of income, including housing vouchers, under its city ordinance (City of Austin Source of Income Protection).

However, state law (Texas Local Government Code § 250.007) restricts cities from enforcing ordinances that require private property owners to accept Section 8 vouchers, except for city-funded properties. This means protections are limited and mostly apply to subsidized housing in Austin.^[2]

Federal Fair Housing Protections

Federal law under the Fair Housing Act does not list source of income as a protected class. However, if discrimination is based on another protected class—such as race, color, national origin, religion, sex, disability, or familial status—it may violate federal law.

What Can Texas Renters Do If Discriminated Against?

Because there is no statewide protection for source of income in Texas, most complaints about voucher denial cannot be brought under state law. But you can take action if:

• The landlord discriminates based on another protected class (see above).
• You live in a subsidized property with specific local protections.
• The discrimination happens in Austin within limited situations covered by city ordinance.

Filing a Fair Housing Complaint in Texas

If you believe you were denied housing based on a protected class (not source of income unless in select Austin housing), you can:

• File a complaint with the Texas Department of Housing and Community Affairs (TDHCA) Fair Housing Office
• Or, file a complaint with the U.S. Department of Housing and Urban Development (HUD)

Key Forms for Reporting Discrimination

• TDHCA Fair Housing Discrimination Complaint Form – Use this if you believe a landlord discriminated against you based on a protected class under state or federal law. Download the form (PDF) from the TDHCA.
  Example: If a landlord rejects your application because of a disability or family status, you would fill out and submit this form to TDHCA.
• HUD Form 903 Online Complaint – For federal complaints of housing discrimination. Submit via the HUD online portal.
  Example: If an apartment complex refuses to rent to you because of your race, you can submit this complaint form online.

Texas Leasing Tribunal for Disputes

Texas lease disputes are handled in local Justice of the Peace Courts. These courts manage landlord-tenant cases, such as evictions or rental disagreements.

FAQ: Texas Source of Income Discrimination and Fair Housing

1. Can my landlord refuse to rent to me because I use a Section 8 voucher?
   Yes, under Texas law, most landlords can refuse to accept Section 8 vouchers as a source of income, unless you live in certain Austin subsidized properties or the landlord is receiving local government assistance that requires them to participate.
2. Does the Texas Fair Housing Act protect me from source of income discrimination?
   No. The Texas Fair Housing Act does not include source of income as a protected class for most rental housing.
3. What can I do if I am discriminated against for another reason?
   If you suspect discrimination based on race, color, national origin, religion, sex, disability, or familial status, you can file a complaint with the Texas Department of Housing and Community Affairs (TDHCA) or HUD.
4. Are there any local protections for source of income discrimination in Texas?
   Yes, the City of Austin has limited protections, but these do not apply to most private landlords due to statewide restrictions. Check with local authorities to confirm eligibility.
5. Where can I get more information about my rights as a Texas renter?
   You can visit the TDHCA Fair Housing page or call their hotline for personalized guidance.

Key Takeaways for Texas Renters

• Most Texas renters have no statewide protection from source of income discrimination, except in some limited local situations.
• You are protected against discrimination based on race, sex, disability, and other federally recognized classes.
• Report suspected discrimination to TDHCA or HUD using official forms and resources.

Knowing your basic rights and where to find help is the best way to protect your housing stability in Texas.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs (TDHCA) Fair Housing Office – Guidance and complaints
• HUD Fair Housing and Equal Opportunity – National complaint process
• City of Austin Source of Income Resource – Information about local rules (Austin only)
• Texas Justice of the Peace Courts Directory – Find your local tribunal for rental disputes

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1. Texas Fair Housing Act, Texas Property Code Chapter 301
2. Texas Local Government Code § 250.007, State Law Limits on Local Voucher Mandates

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