Texas Renters: Guide to Low-Income Housing Tax Credit (LIHTC) Properties

If you're a renter in Texas facing rising rents or struggling to find affordable housing, you may benefit from living in a Low-Income Housing Tax Credit (LIHTC) property. These apartments, built and managed with federal and state support, aim to provide quality housing at below-market rents for residents who meet income requirements. This guide explains how LIHTC properties work in Texas, how to apply, your rights as a renter, and where to seek help.

What Are LIHTC Properties?

LIHTC stands for Low-Income Housing Tax Credit. Under this program, private developers receive tax credits to build or renovate rental housing with rents capped for eligible low-income households. In Texas, the program is managed by the Texas Department of Housing and Community Affairs (TDHCA). LIHTC apartments are found throughout Texas cities and rural areas, offering:

• Rents set below typical market rates
• Income eligibility based on household size and area median income (AMI)
• Standard lease agreements like regular rental housing

To qualify, your total household income must generally fall below 50% or 60% of the AMI for your region.

How Do I Find LIHTC Properties in Texas?

The TDHCA maintains an official and regularly updated LIHTC property search tool, where you can browse affordable housing options by county, city, or property type. Each property listing provides contact information and application details.

Eligibility and Application Process

Once you've identified a LIHTC property, you'll need to apply directly with the property manager. Expect to supply proof of income, identification, and information about each household member. Properties may have waitlists and give preference to certain populations, such as seniors or people with disabilities.

• Check income limits for your area using the HUD Income Limits tool.
• Contact property managers for required documentation or waiting list information.
• Keep copies of any forms or correspondence submitted.

Applying for more than one property may increase your chances of finding an affordable unit.

Your Rights as a Texas LIHTC Renter

LIHTC tenants have many of the same rights as renters in market-rate apartments, protected by both state law and federal program rules. In Texas, rental housing issues are governed by the Texas Property Code, Chapter 92: Residential Tenancies^[1]. Key protections and responsibilities include:

• Right to receive advance written notice before eviction (typically three days, unless otherwise stated in your lease)
• Landlord obligation to make necessary repairs after written notice
• Access to due process, such as court hearings, if facing eviction
• Protections against excessive rent increases during the lease term (rents in LIHTC are capped by federal rules)

Important Forms for Renters

• Repair Request (No official statewide form): To request repairs, send a written notice to your landlord or property manager, dated and with a specific description of the issue. This step is required before withholding rent or taking legal action. For template language and more information, see TDHCA's repair request guidance.
• Notice to Vacate (No. N/A): If you must leave your unit, provide written notice as required by your lease—usually 30 days. Use your own letter or follow your landlord’s form. For legal tips, visit the Texas Courts Self-Help Eviction Guide.
• Petition for Eviction (Justice Court Form): If you receive an eviction notice and want to contest it, you’ll be served papers and have the right to respond at a hearing in your county's Justice of the Peace Court. Steps are explained on the Texas Courts Civil Case Forms page.

How Texas Resolves Rent Disputes or Eviction Cases

The Texas Justice of the Peace Courts handle landlord–tenant disputes, including evictions. You have the right to a hearing and, if needed, can appeal a decision following specific procedures. Instructions for tenants are available through Texas Courts: Steps for Tenants Facing Eviction.

FAQ: LIHTC for Texas Renters

1. How do I know if I qualify for a LIHTC apartment in Texas?
   Your eligibility is based on household income, family size, and the property’s rules. Use the HUD Income Limits tool to check current limits for your area.
2. Do LIHTC properties use waiting lists?
   Yes. Many LIHTC properties maintain waiting lists due to high demand. Ask the property manager about open lists and how to apply.
3. Can my rent go up in a LIHTC apartment?
   Rents at LIHTC properties are capped and can only be adjusted within program guidelines, which typically means moderate annual increases, if any.
4. What can I do if my landlord doesn’t make repairs?
   Send a written repair request and allow a reasonable time for response. If not addressed, you may seek help from local code enforcement or Justice of the Peace Court.
5. Where can I get official help with an eviction notice?
   Visit your area’s Justice of the Peace Court or consult legal aid for guidance.

Conclusion: Key Takeaways for Texas LIHTC Renters

• LIHTC housing in Texas offers affordable rents to eligible low-income households statewide.
• Your rights as a LIHTC renter are protected by the Texas Property Code and program-specific rules.
• If you face issues like repairs or potential eviction, act quickly and use official resources or court assistance.

Staying informed and proactive increases your housing stability and ensures fair treatment under the law.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs (TDHCA) — Find LIHTC properties and get affordable housing information.
• Justice of the Peace Courts in Texas — Handles eviction hearings and tenant–landlord disputes.
• TexasLawHelp.org — Free legal information for renters in Texas.
• HUD Texas: Renters — Federal housing programs and renter rights.

---

1. Texas Property Code, Chapter 92: Residential Tenancies
2. TDHCA: Housing Tax Credit Program Overview
3. HUD Income Limits
4. Texas Justice of the Peace Courts
5. Texas Renters’ Rights Guide (TexasLawHelp.org)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations