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 § 2306.6728
DEPARTMENT POLICY AND PROCEDURES REGARDING RECIPIENTS OF CERTAIN FEDERAL HOUSING ASSISTANCE.
Operative Text
Sec. 2306.6728. DEPARTMENT POLICY AND PROCEDURES REGARDING RECIPIENTS OF CERTAIN FEDERAL HOUSING ASSISTANCE. (a) The department by rule shall adopt a policy regarding the admittance to low income housing tax credit properties of income-eligible individuals and families receiving assistance under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f). (b) The policy must provide a reasonable minimum income standard that is not otherwise prohibited by this chapter and that is to be used by owners of low income housing tax credit properties and must place reasonable limits on the use of any other factors that impede the admittance of individuals and families described by Subsection (a) to those properties, including credit histories, security deposits, and employment histories.(c) The department by rule shall establish procedures to monitor low income housing tax credit properties that refuse to admit individuals and families described by Subsection (a). The department by rule shall establish enforcement mechanisms with respect to those properties, including a range of sanctions to be imposed against the owners of those properties. Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.30, eff. Sept. 1, 2001.
Texas Government Code § 2306.6728 requires the Texas Department of Housing and Community Affairs (TDHCA) to adopt rules governing how low income housing tax credit (LIHTC) properties handle applications from Section 8 voucher holders. The policy must set a reasonable minimum income standard and place reasonable limits on screening factors—such as credit history, security deposits, and employment history—that could otherwise block voucher holders from being admitted. The department is also required to monitor LIHTC properties that refuse to admit Section 8 households and to establish a range of sanctions that can be imposed on non-compliant property owners.
Plain English — not legal advice.
Under § 2306.6728, owners and managers of low income housing tax credit properties in Texas are expected to follow TDHCA-adopted rules when screening applicants who hold Section 8 vouchers. Compliant operators generally apply only the income standard established by department rule and avoid using screening criteria—such as credit history thresholds, elevated security deposits, or employment history requirements—in ways that exceed the limits set by that policy. Because TDHCA is required to monitor properties that refuse Section 8 applicants and may impose a range of sanctions, operators typically document their screening practices to demonstrate consistency with the department's rules.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8 voucher holders applying to LIHTC properties in Texas have protections under § 2306.6728, which directs TDHCA to limit the screening barriers—including credit history, security deposit demands, and employment history—that a property owner may use to deny admission. If a voucher holder believes a LIHTC property has applied screening criteria beyond what TDHCA rules permit, they may consider filing a complaint with TDHCA, which is charged with monitoring such properties and enforcing sanctions against non-compliant owners. Tenant-rights organizations familiar with Texas housing law can help individuals understand how the department's rules apply and what complaint processes may be available.
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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