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 § 2306.6738
PROHIBITED PRACTICES.
Operative Text
Sec. 2306.6738. PROHIBITED PRACTICES. (a) Notwithstanding any other law, a development owner of a development supported with a housing tax credit allocation may not:(1) lock out or threaten to lock out any person residing in the development except by judicial process unless the exclusion results from:(A) a necessity to perform bona fide repairs or construction work; or(B) an emergency; or(2) seize or threaten to seize the personal property of any person residing in the development except by judicial process unless the resident has abandoned the premises.(b) Each development owner shall:(1) include a conspicuous provision in the lease agreement prohibiting the owner from engaging in a practice described by Subsection (a); and(2) remove in the manner specified by department rule any provisions in the lease agreement that are contrary to Subsection (a). Added by Acts 2009, 81st Leg., R.S., Ch. 1423 (S.B. 1717), Sec. 2, eff. September 1, 2009.Redesignated from Government Code, Section 2306.6736 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(23), eff. September 1, 2011.
Under Texas Government Code § 2306.6738, owners of housing developments that receive low-income housing tax credit (LIHTC) allocations are prohibited from locking out or threatening to lock out residents—or seizing or threatening to seize their personal property—outside of a court order, except in narrow circumstances such as genuine emergency or necessary construction work. The rule also requires that lease agreements for these developments explicitly state this prohibition and that any lease language conflicting with it be removed according to state agency rules. This provision applies specifically to tax-credit-supported housing and operates regardless of other laws that might otherwise govern landlord conduct.
Plain English — not legal advice.
Owners and managers of LIHTC-supported developments in Texas must ensure full compliance with § 2306.6738 by relying on judicial process—not self-help measures—before locking out a resident or taking possession of their personal property, with only narrow exceptions for genuine emergencies or bona fide repair needs. Compliant operators include a conspicuous clause in every lease agreement that explicitly prohibits these self-help lockout and property-seizure practices, and they audit existing leases to remove any provisions that conflict with the statute, following the removal procedures set by the Texas Department of Housing and Community Affairs. Keeping lease templates current and training on-site staff on these restrictions are practices commonly associated with maintaining compliance under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents of housing developments supported by a housing tax credit allocation in Texas have specific protections under § 2306.6738 against self-help lockouts and seizure of personal belongings by their landlord, outside of a court order or very limited exceptions. If a development owner engages in or threatens these prohibited practices, a tenant may consider raising the statutory violation as a defense in any related court proceeding, filing a complaint with the Texas Department of Housing and Community Affairs, or reaching out to a local tenant-rights organization for information about available options. Tenants can also review their lease agreement, which is required by § 2306.6738 to contain a conspicuous provision reflecting these protections, as documentation of the landlord's obligations.
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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