Tex. Gov't Code Ann. §§ 2306.185, 2306.186, 2306.269, 2306.358, 2306.6702, 2306.6713, 2306.6720, 2306.6722, 2306.6726, 2306.6728, 2306.6730, 2306.6735, 2306.6738, 2306.851–2306.853, 2306.921–2306.940 § 2306.269
TENANT AND MANAGER SELECTION.
Operative Text
Sec. 2306.269. TENANT AND MANAGER SELECTION. (a) The department shall set standards for tenant and management selection by a housing sponsor. (b) The department shall prohibit a multifamily rental housing development funded or administered by the department, including a development supported with a housing tax credit allocation under Subchapter DD, from:(1) excluding an individual or family from admission to the development because the individual or family participates in the housing choice voucher program under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f); and(2) using a financial or minimum income standard for an individual or family participating in the voucher program described by Subdivision (1) that requires the individual or family to have a monthly income of more than 2-1/2 times the individual's or family's share of the total monthly rent payable to the owner of the development. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 3.04, eff. Sept. 1, 2001.
Texas Government Code § 2306.269 requires the Texas Department of Housing and Community Affairs (TDHCA) to establish standards governing how housing sponsors select tenants and managers at state-funded or state-administered multifamily rental developments, including those receiving housing tax credit allocations. The provision specifically bars those developments from refusing to rent to applicants solely because they use a Housing Choice Voucher (Section 8). It also caps the income threshold that can be applied to voucher holders, limiting it to no more than 2.5 times the tenant's own share of the monthly rent rather than the full contract rent.
Plain English — not legal advice.
Operators of multifamily developments funded, administered, or supported with a housing tax credit allocation through TDHCA must align their tenant-selection policies with the standards set under § 2306.269. A compliant operator does not screen out applicants on the basis of Housing Choice Voucher participation, and any minimum income requirement applied to voucher holders is calculated against the tenant's portion of the rent—not the total contract rent—and does not exceed 2.5 times that portion. Reviewing written screening criteria against these requirements before leasing activity begins is a common practice among operators seeking to remain in compliance with TDHCA program rules.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 2306.269, tenants who use a Housing Choice Voucher at a TDHCA-funded or tax-credit-supported development have a right not to be denied housing solely because of their voucher status. If a property applies an income standard, that standard may only be based on the tenant's share of the rent and cannot exceed 2.5 times that share. Tenants who believe a development has violated these protections may consider filing a complaint with TDHCA, raising the issue as a defense in any related proceeding, or reaching out to a local tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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