Texas Landlords and Criminal History: What Renters Need to Know

If you're renting in Texas and worried about questions on your criminal history, you’re not alone. Many renters are unsure what landlords can legally ask and how fair housing laws protect against discrimination. Here’s a clear guide to your rights, official forms, and what to do if you think you’ve been treated unfairly.

Understanding Your Rights: Criminal History Screening by Texas Landlords

Landlords in Texas generally may ask about a rental applicant’s criminal history and may use that information in their decision. However, both federal and Texas laws set limits on how this can be used to ensure fair housing and prevent discrimination.

Key Points on Criminal Background Checks in Texas

• There is no statewide law in Texas that prohibits landlords from asking about or considering criminal history.
• Landlords must follow federal fair housing laws, which prohibit policies that result in discrimination based on race, color, national origin, religion, sex, familial status, or disability¹.
• Blanket bans (e.g., automatically rejecting any applicant with a criminal record) can be discriminatory if they impact protected groups more than others.
• Local laws—such as in Austin—may provide extra protections. For example, Austin’s Fair Chance Housing Ordinance restricts criminal history questions until after a conditional offer of housing².
• Arrest records that didn’t result in convictions should not be the sole basis for denial under guidance from the U.S. Department of Housing and Urban Development (HUD)

In Texas, rental property managers often use the Texas Apartment Association (TAA) Lease Application form. This form asks about criminal history, but landlords should use this information fairly and consistently. Discriminatory use could violate the federal Fair Housing Act and Texas property laws.

Protections Under the Fair Housing Act

The federal Fair Housing Act applies in Texas. If a landlord's criminal background policy disproportionately impacts people of a certain race or other protected class, this could be considered discrimination—even if the policy isn’t intentionally biased.

How to Respond if You're Denied Because of Criminal History

If you’re denied a rental for your criminal history, you have rights and ways to respond:

• You can request the written screening criteria used for your application. Landlords must provide this upon request³.
• You have the right to dispute incorrect or outdated criminal history information.
• If you feel discrimination occurred, you can file a complaint with the Texas Department of Housing and Community Affairs (TDHCA) or HUD.

Official Forms and Where to Find Them

• Texas Apartment Association Lease Application (TAA Form 2003)
  View TAA Lease Application Form
  Used by many Texas landlords to collect personal, rental history, and criminal background information. Always review what you are authorizing and ask questions if unsure.
• Texas Fair Housing Complaint Form
  Submit Texas Fair Housing Complaint
  If you believe you have been discriminated against, use the TDHCA Fair Housing Complaint Form to file your case with the Texas Department of Housing and Community Affairs.
• HUD Housing Discrimination Complaint Form (Form 903)
  File a Complaint with HUD
  If your case involves possible federal law violations, you can submit Form 903 online directly to HUD.

Which Tribunal Handles Rental Disputes in Texas?

In Texas, most landlord-tenant disputes—including those about discrimination—are handled by the appropriate County or Justice of the Peace Courts. Statewide fair housing complaints are administered by the Texas Department of Housing and Community Affairs (TDHCA).

For detailed tenant rights and law, see the Texas Property Code, Title 8, Chapter 92 – Residential Tenancies.

Frequently Asked Questions

1. Can a landlord in Texas reject my application solely because of a criminal record?
   Yes, landlords may consider criminal history. However, blanket rejections for any criminal record could violate federal Fair Housing laws if they disproportionately affect protected classes.
2. Are there cities in Texas where landlords cannot ask about criminal history?
   Yes. Austin, for example, restricts criminal history questions until after a conditional offer of housing under local fair housing ordinances².
3. What can I do if my background report is wrong?
   You can dispute inaccurate or outdated information with the credit reporting agency and ask the landlord for a chance to provide correct details.
4. How do I file a housing discrimination complaint in Texas?
   Use the TDHCA Fair Housing Complaint Form or HUD Housing Discrimination Complaint Form (see Forms section above).
5. Is it legal for landlords to consider arrest records?
   Landlords should not use arrest records alone as a reason to deny rental applications, especially if no conviction occurred, according to HUD guidance.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs – Fair Housing
• U.S. Department of Housing and Urban Development – Fair Housing and Equal Opportunity
• State Law Library – Texas Landlord/Tenant Law
• Office of the Texas Attorney General – Landlord and Tenant Rights

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1. The Fair Housing Act (42 U.S.C. §§ 3601-3619), enforced by HUD and referenced by HUD's official Fair Housing resources.
2. Austin Fair Chance Housing Ordinance: See City of Austin Fair Chance Housing.
3. Screening criteria rules outlined in Texas Property Code, Chapter 92.

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