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 § 2306.853
NOTICE OF INTENT.
Operative Text
Sec. 2306.853. NOTICE OF INTENT. (a) A property owner of a multifamily housing development may take an action, sell, lease, or otherwise dispose of the development subject to the restriction under Section 2306.852 if the property owner provides notice by mail of the owner's intent to the residents of the development and to the department.(b) The notice required by Subsection (a) must indicate, as applicable, that the property owner intends to prepay a mortgage under a program described by Section 2306.851(a)(1) or that a contract formed under a program under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f), will expire.(c) The property owner shall provide the notice required by Subsection (a) before the 90th day preceding the date of mortgage prepayment or contract expiration, as applicable, and as otherwise required by federal law. (d) The notice required by this section is sufficient if the notice meets the requirements of Section 8(c)(8), United States Housing Act of 1937 (42 U.S.C. Section 1437f(c)(8)). Added by Acts 2001, 77th Leg., ch. 1367, Sec. 3.07, eff. Sept. 1, 2001. SUBCHAPTER KK. INTERAGENCY COUNCIL FOR THE HOMELESS
Section 2306.853 of the Texas Government Code establishes a notice requirement that applies when the owner of a multifamily housing development plans to prepay a federally backed mortgage or allow a Section 8 housing assistance contract to expire. The owner must send written notice by mail to both current residents and the Texas Department of Housing and Community Affairs no later than 90 days before the mortgage prepayment or contract expiration date. The notice must clearly state which of these two events is anticipated, and it is considered legally sufficient if it meets the parallel federal notice standards under Section 8(c)(8) of the United States Housing Act of 1937.
Plain English — not legal advice.
Owners of multifamily developments subject to the restrictions in Tex. Gov't Code § 2306.852 are generally expected to send timely mailed notice to all residents and to the Texas Department of Housing and Community Affairs before taking any action to sell, lease, prepay a qualifying mortgage, or allow a Section 8 contract to expire. Under § 2306.853, that notice window opens no later than 90 days before the triggering event, and the notice must specify whether a mortgage prepayment or a contract expiration is the relevant circumstance. Operators who already comply with the federal notice requirements under Section 8(c)(8) of the United States Housing Act of 1937 will generally satisfy the state requirement as well.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Gov't Code § 2306.853 gives residents of affected multifamily developments the right to receive advance written notice—at least 90 days before a mortgage prepayment or Section 8 contract expiration—so they have time to understand how their housing situation may change. If a resident believes this notice was not provided as required, that concern can generally be raised with the Texas Department of Housing and Community Affairs, which is named as a required notice recipient under the provision. Tenant-rights organizations familiar with federally assisted housing programs can help residents understand what the notice should contain and what options may be available when such a notice is received or withheld.
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.
Effective Timeline
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