Texas Section 8 Rules: Cities Can't Require Voucher Acceptance

By Steve Levine · Updated November 3, 2026

Short answer: Under Texas Section 8 rules, a private landlord can usually turn down a Housing Choice Voucher, because the Texas Fair Housing Act does not list source of income as a protected class and Texas Local Government Code § 250.007 bars cities and counties from adopting voucher-protection ordinances. The one carve-out that statute preserves is for local rules protecting military veterans who pay rent with housing assistance.

That legal backdrop shapes everything else about using a voucher in Texas. Your housing search usually takes longer, so the 90 days some agencies give you to find a unit matters more here than in states where landlords cannot say no. This guide covers the statutes, the biggest agencies, and how to get on a list.

Rule	Texas	Statute
Statewide source-of-income protection	None; the protected classes are race, color, religion, sex, familial status, national origin (disability is covered by § 301.025)	Tex. Prop. Code § 301.021
Local voucher-protection ordinances	Preempted, except for military veterans	Tex. Loc. Gov’t Code § 250.007
Your share of rent	Highest of 30% of adjusted monthly income, 10% of gross monthly income, or other set amounts	24 CFR 5.628
Cap when renting above the payment standard	40% of adjusted monthly income at initial lease-up	24 CFR 982.508
Eviction of a voucher holder	Court action required; owner needs a lease violation, law violation or other good cause	24 CFR 982.310

Texas Section 8 rules on landlords who refuse vouchers

Generally, yes. The Texas Fair Housing Act forbids refusing to rent “because of race, color, religion, sex, familial status, or national origin” under Tex. Prop. Code § 301.021(a). Income source is not on that list, so turning away a voucher holder is not, by itself, a violation of state law.

The Legislature went a step further. Tex. Loc. Gov’t Code § 250.007(a) says a municipality or county “may not adopt or enforce” an ordinance that stops a landlord from refusing a tenant because the tenant’s lawful source of income includes “funding from a federal housing assistance program.” That is why Austin, Dallas, San Antonio and Houston cannot pass the kind of voucher-acceptance ordinance you see in Seattle or Washington, D.C.

Two exceptions in the same section are worth knowing:

Veterans. Subsection (b) leaves intact a local rule that protects a military veteran from being refused because of the veteran’s lawful source of income. If you are a veteran using HUD-VASH or similar aid, ask your city’s fair housing office whether such a rule exists where you live.
Voluntary deals. Subsection (c) preserves local incentives, contract commitments and density bonuses. Some developers who take city money agree to accept vouchers as a condition, so a building that received public funds may be bound even though its neighbor is not.

Refusing a voucher is still illegal when it is a cover for a protected-class reason. A landlord who says “no Section 8” only to families with children, or only to applicants of one race, can still violate Chapter 301.

Who runs vouchers in Texas

Texas has no single statewide voucher office. Dozens of local housing authorities each cover a defined area, and the state agency fills in gaps. The Texas Department of Housing and Community Affairs (TDHCA) says it acts as a public housing authority for the Housing Choice Voucher program in a 34-county service area, and that it is “one of several different public housing authorities” in the state, each with its own territory. TDHCA also runs Project Access and Mainstream vouchers for people with disabilities leaving institutions.

In the big metros you apply to the city agency instead:

Dallas Housing Authority (DHA). Its application page says DHA assists more than 16,250 households through the HCV program and accepts preliminary applications “at any time” through an open lottery system.
Austin Housing Authority. It keeps several waiting lists and lets applicants check their status online.
Opportunity Home San Antonio. The former San Antonio Housing Authority lists voucher programs and an apply link on its official site.

If you live in a suburb or small town, find the agency that covers your address before you apply. Applying to the wrong one wastes months.

How Texas waiting lists actually work

Dallas is a useful example of the lottery model. DHA says that as voucher funds become available it runs a lottery to pick applicants at random from the pool, and that a preliminary application expires after 18 months if you are not selected, at which point you can simply apply again. Selected applicants complete a full application, attend an orientation, and receive a voucher.

DHA tells new voucher holders they have 90 days to find a unit and may ask for a 30-day extension. Federal rules only require an initial term of at least 60 calendar days under 24 CFR 982.303, so search time varies by agency. Read your voucher, because the expiration date is printed on it.

The federal rules, in brief

Because Texas adds almost nothing on top of HUD’s program, the federal regulations are where most of your protections live. Your rent share is normally 30% of adjusted monthly income (24 CFR 5.628). The agency inspects the unit before move-in and at least every two years after that (24 CFR 982.405). It must re-check your income and household at least once a year (24 CFR 982.516).

Portability lets you move your voucher to another agency’s area anywhere in the country (24 CFR 982.353). That can be a real option if you cannot find a willing landlord in your Texas city. DHA’s site even posts port-in and relocate-out request forms.

Finally, a landlord cannot evict a voucher tenant without going to court, and during the lease needs a serious or repeated lease violation, a violation of law tied to the tenancy, or other good cause (24 CFR 982.310). The owner must also send the housing authority a copy of any eviction notice. Texas justice-court procedures still govern the case itself; see our Texas eviction process guide.

Worked example: a Dallas voucher search

Keisha rents in Dallas with her two kids, and after allowable deductions her adjusted monthly income is $1,900. She submits a DHA preliminary application on March 2. In November she is drawn in a lottery, completes the full application, and receives her voucher on December 1, with 90 days to lease up.

Her baseline rent share is 30% of $1,900, or $570. She finds a duplex whose gross rent is above DHA’s payment standard. Under 24 CFR 982.508, her share at initial lease-up cannot exceed 40% of adjusted income, or $760, so the unit is affordable only if the gap stays under $190 a month. Three landlords tell her they do not take vouchers, which Texas law allows. By late February she asks for the 30-day extension DHA offers, and signs a lease in March after the unit passes inspection. Run your own numbers in our Section 8 rent calculator.

Applying in Texas: what to gather

DHA lists what you need just to start an online preliminary application: internet access, an active email account, the names and ages of everyone in your household, and your annual household income. Expect to provide much more at the full-application stage, because federal rules require third-party verification of income and household facts during each exam.

Photo ID for adults and birth records or other proof of age for each household member
Social Security numbers or documentation for each member
Recent pay stubs, benefit letters (SSI, SSDI, TANF, child support) and bank statements
Records of child-care or medical costs, which can reduce your adjusted income
Your landlord history, since you will need it for the private search

Check your email often. DHA notifies lottery results by email, and missing a deadline can drop you from the list.

Frequently Asked Questions

Can Austin or Houston pass a law requiring landlords to take vouchers?

Not for federal housing assistance. Tex. Loc. Gov’t Code § 250.007(a) prevents any city or county from adopting or enforcing such an ordinance. The statute leaves room only for veteran-specific protections and voluntary incentive deals.

Is a “No Section 8” ad legal in Texas?

On its own, usually yes, because Chapter 301 of the Property Code does not cover source of income. It becomes a problem if the policy is applied selectively to people in a protected class, which can still violate § 301.021.

I live outside Dallas, Houston, Austin and San Antonio. Where do I apply?

Look for the local housing authority whose area includes your address. TDHCA administers vouchers directly in its 34-county service area, so rural applicants often end up there.

My Dallas application has been pending more than a year. Is it still active?

DHA says preliminary applications expire after 18 months if you are not selected. Once yours expires, you can submit a new one through the same online portal.

Can I take a Texas voucher to another state?

Generally yes. Under 24 CFR 982.353, a participant can use tenant-based assistance in another agency’s jurisdiction anywhere in the United States, but if you had no legal residence in the agency’s area when you applied, you have no right to port during your first 12 months unless the agency allows it.

This page is general information, not legal advice. If a landlord is refusing you for a reason that sounds like race, disability or family status, contact your local legal aid office through TexasLawHelp.org or the LSC legal help finder. For the rest of your tenancy, see our Texas security deposit law guide, the Dallas tenant rights page, and Section 8 rules in every state. Your next step today: find the housing authority for your address and submit a preliminary application, since your place in line starts only when you apply.

Sources

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