Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.043
HOUSING FOR ELDERLY EXEMPTED.
Operative Text
Sec. 301.043. HOUSING FOR ELDERLY EXEMPTED. The provisions of this chapter relating to familial status do not apply to housing:(1) that the commission determines is specifically designed and operated to assist elderly individuals under a federal or state program;(2) intended for, and solely occupied by, individuals 62 years of age or older; or(3) intended and operated for occupancy by at least one individual 55 years of age or older for each unit as determined by commission rules. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
Texas Property Code § 301.043 carves out an exemption from the chapter's familial-status fair-housing protections for certain age-restricted housing communities. Specifically, the exemption covers housing that is federally or state-assisted and designed for elderly individuals, communities exclusively occupied by residents 62 or older, and communities where at least one resident per unit is 55 or older and the property meets criteria set by the Texas Real Estate Commission. Because of this exemption, such communities may lawfully decline to rent to families with children without violating the familial-status provisions of Chapter 301.
Plain English — not legal advice.
Operators of age-restricted communities in Texas should ensure their property qualifies under one of the three categories described in § 301.043 before relying on the familial-status exemption. Qualifying communities typically maintain documentation showing compliance with the applicable age-occupancy thresholds—either 100% occupancy by persons 62 or older, or at least one resident aged 55 or older per unit—or demonstrate enrollment in a qualifying federal or state elderly-housing program. Operators also generally follow Texas Real Estate Commission rules that define how the 55-and-older category is determined and verified.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 301.043, tenants and applicants should be aware that age-restricted communities meeting specific criteria are not required to comply with the familial-status protections that otherwise apply under Chapter 301. If a housing provider claims this exemption but a tenant believes the property does not actually meet the qualifying age-occupancy thresholds or program requirements, that concern can be raised with the Texas Real Estate Commission or a tenant-rights organization familiar with state fair-housing law. Consulting a fair-housing advocacy group can help clarify whether a particular community legitimately qualifies for the § 301.043 exemption.
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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