Texas does not have a single statewide housing authority, so the rules and regulations that govern subsidized housing in Texas come from three layers working together. The U.S. Department of Housing and Urban Development (HUD) sets the federal rules. The Texas Department of Housing and Community Affairs (TDHCA) oversees funding and compliance at the state level. More than 400 local public housing authorities (PHAs) actually run the programs, including public housing and the Housing Choice Voucher (Section 8) program, in their own jurisdictions. Each PHA has some discretion over waitlist policies, preferences, and local procedures, but every one of them operates inside the same federal eligibility, rent, and inspection framework described below.
Who Qualifies
Citizenship and Immigration Status
Federal law requires every applicant to be a U.S. citizen or hold eligible immigration status. You will need documentation such as a passport, birth certificate, or naturalization certificate. Lawful permanent residents, refugees, and other qualifying noncitizens are verified through the Systematic Alien Verification for Entitlements (SAVE) program run by U.S. Citizenship and Immigration Services.1U.S. Citizenship and Immigration Services. SAVE The PHA cannot skip this verification.2HUD Exchange. Can a Public Housing Agency (PHA) Bypass the USCIS SAVE Verification Process
Criminal Background
PHAs screen every adult household member. Two categories trigger permanent, mandatory denial: anyone convicted of manufacturing methamphetamine on the premises of federally assisted housing, and anyone subject to a lifetime sex offender registration requirement in any state.3eCFR. 24 CFR 982.553 – Denial of Admission and Termination of Assistance for Criminals and Alcohol Abusers
Beyond those two bars, PHAs have discretion. They may deny admission based on recent drug-related activity, violent crime, or behavior that threatens the safety of neighbors or staff. A household evicted from federally assisted housing for drug-related activity faces a three-year ban, which the PHA can shorten if the person completed a supervised rehabilitation program or circumstances have changed.3eCFR. 24 CFR 982.553 – Denial of Admission and Termination of Assistance for Criminals and Alcohol Abusers Evidence of rehabilitation, character references, and time elapsed since the offense all carry weight inside that discretionary zone.
Priority Categories and Domestic Violence Protections
Most Texas PHAs give priority to households that are homeless, living in substandard conditions, or paying more than half their income in rent. Survivors of domestic violence, dating violence, sexual assault, and stalking have separate protections under the Violence Against Women Act (VAWA). A PHA cannot deny assistance or evict a tenant because they are a victim of domestic violence, even when the violence led to lease violations or police calls.4Office of the Law Revision Counsel. 34 USC 12491 – Housing Protections for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking
Every PHA must also maintain an emergency transfer plan. You qualify for an emergency transfer if you request one and either reasonably believe you face immediate harm from staying or experienced a sexual assault on the premises within the past 90 days. The PHA must keep your new location confidential.5eCFR. 24 CFR 5.2005 – VAWA Protections
Income Limits and How Your Rent Is Calculated
Income Categories
HUD sets income limits every year based on the area median income (AMI) of each county and metropolitan area. Households fall into three tiers: extremely low income (at or below 30% of AMI), very low income (at or below 50% of AMI), and low income (at or below 80% of AMI).6HUD USER. Income Limits Most voucher assistance goes to families in the extremely low and very low tiers.
Income counted toward the limit includes wages, Social Security benefits, child support, pensions, and most other recurring payments. Certain federal student financial aid and one-time hardship payments are excluded. All adults’ earnings count toward the household total.
The 30% Rule
Your rent payment is the highest of three figures: 30% of your monthly adjusted income, 10% of your gross monthly income, or a welfare rent portion if applicable.7Office of the Law Revision Counsel. 42 USC 1437a – Rental Payments For most families, the 30% figure applies. Adjusted income accounts for deductions like dependents, elderly household members, disability-related expenses, and child care costs, so the actual rent is usually lower than 30% of gross pay.
For voucher holders, the PHA sets a payment standard for each unit size, pegged between 90% and 110% of HUD’s fair market rent for the area. If the unit you pick costs more than the payment standard, you pay the difference. When you first receive a voucher, your total rent burden cannot exceed 40% of your adjusted monthly income.8Office of the Law Revision Counsel. 42 USC 1437f – Low-Income Housing Assistance
Utility Allowances
If you pay your own utilities, the PHA factors that into your rent through a utility allowance that reduces your monthly payment by the amount it considers reasonable for your unit type. PHAs calculate allowances using engineering estimates or actual consumption data from similar units, grouped by size and construction type.9U.S. Department of Housing and Urban Development. Utility Allowances and Resources In master-metered buildings where the landlord pays all utilities, no separate allowance applies.
Applying Through a Local PHA
Each PHA runs its own waitlist. There is no statewide application. You must apply to the specific PHA serving the area where you want to live. Some accept applications year-round; others open their waitlists for brief windows, sometimes just a few days, because demand far outstrips supply. Checking your local PHA’s website or calling the office is the only reliable way to find out when applications open.
The application requires Social Security numbers for every household member, valid identification, proof of Texas residency, employment and income details, asset information, and a description of your current housing. Pay stubs, tax returns, and bank statements are standard supporting documents. Missing paperwork is one of the most common reasons applications stall, so gather everything before the waitlist opens.
After you submit, the PHA verifies your information by contacting employers, banks, and government agencies. Many Texas PHAs use HUD’s Enterprise Income Verification (EIV) system to cross-check reported income against Social Security and employment records. Unreported income or misrepresentation can lead to denial, and if discovered after admission, repayment obligations or removal from the program. Verification can take weeks or months depending on caseload.
Voucher Search Time and Portability
How Long You Have to Find a Unit
Once a PHA issues your voucher, federal rules give you at least 60 calendar days to find a qualifying unit, and the PHA can grant extensions at its discretion.10eCFR. 24 CFR 982.303 – Term of Voucher If a household member has a disability that makes the search harder, the PHA must extend the voucher term as a reasonable accommodation for as long as needed. In competitive markets like Austin, Dallas, and Houston, 60 days can feel very tight. Ask for an extension before your voucher expires, not after.
Moving to Another Jurisdiction
Portability lets you take your voucher and move to a different PHA’s jurisdiction anywhere in the country. The initial PHA coordinates with the receiving PHA, which takes over administering your assistance.11U.S. Department of Housing and Urban Development. Housing Choice Vouchers Portability One catch: new voucher holders can be required to live in the initial PHA’s jurisdiction for up to one year before porting elsewhere. Some PHAs waive this; many do not. If you already plan to relocate, ask about the portability policy before you accept the voucher.
Inspection Standards for the Unit
Housing Quality Standards
Every unit must pass a Housing Quality Standards (HQS) inspection before a voucher holder moves in, and the PHA reinspects annually. HQS covers working plumbing, functioning electrical systems, adequate heating, and sound structural conditions. The HUD inspection form evaluates each room individually and checks the exterior, including the foundation, roof, stairs, and railings.12U.S. Department of Housing and Urban Development. Inspection Checklist – Form HUD-52580 Common reasons units fail include missing or broken kitchen appliances, broken bathroom fixtures or missing ventilation, deteriorated lead paint in pre-1978 buildings, exposed wiring, and pest infestations the landlord has not addressed.
Texas Smoke Alarm, Carbon Monoxide, and Security Requirements
Texas law adds requirements on top of HQS. Landlords must install at least one smoke alarm in each bedroom, with additional alarms in hallways serving multiple bedrooms and on every level of a multi-story unit. Units with fuel-burning appliances must have carbon monoxide alarms meeting the 2018 International Residential Code standards.13State of Texas. Texas Property Code Chapter 92 – Residential Tenancies
Every exterior window must have a latch. Every exterior door needs a doorknob lock or keyed deadbolt, a keyless bolting device, and a door viewer. Sliding glass doors require a pin lock and a handle latch or security bar. All of these are installed at the landlord’s expense.14State of Texas. Texas Property Code 92.153 – Security Devices Required Without Necessity of Tenant Request
Keeping Your Assistance
Receiving housing assistance carries ongoing responsibilities. Falling short on any of them can end your subsidy, and getting reinstated after removal is extremely difficult.
You must comply with your lease, pay your share of rent on time, keep the unit in reasonable condition, and notify both the landlord and the PHA when repairs are needed. You cannot engage in drug-related or violent criminal activity on or near the premises. Certain offenses trigger immediate termination.
Any change in income or household composition, including a new job, a lost job, or a family member moving in or out, must be reported within the window your PHA sets, typically 10 to 30 days. Misrepresenting income or hiding changes can lead to recalculated rent, back charges, or removal from the program.
Separately from interim reporting, the PHA conducts a full reexamination of your family’s income and composition at least once a year.15eCFR. 24 CFR 982.516 – Family Income and Composition: Annual and Interim Reexaminations This annual recertification verifies income documents, household members, and employment, and your rent is adjusted based on the updated numbers. Missing the appointment or failing to produce requested documents is grounds for termination.
Landlord Obligations
Landlords who take vouchers sign a Housing Assistance Payments (HAP) contract with the PHA. Under that contract they can charge only the approved rent, cannot collect side payments from the tenant, and must allow annual inspections.
Texas law independently requires landlords to make a diligent effort to repair any condition that affects a tenant’s health or safety, provided the tenant has given written notice (if the lease requires it) and is current on rent.16State of Texas. Texas Property Code 92.052 – Landlords Duty to Repair or Remedy That covers plumbing leaks, electrical hazards, and pest infestations. Hot water must be maintained at a minimum of 120 degrees Fahrenheit. In the voucher program, failure to fix serious problems can lead the PHA to withhold housing assistance payments until repairs are completed, or terminate the HAP contract.
Landlords cannot discriminate against voucher holders based on any characteristic protected under the Fair Housing Act. They can refuse to participate in the voucher program itself, since Texas state law does not currently prohibit source-of-income discrimination the way some other states do. Once a landlord signs on, though, the HAP obligations run for the duration of the contract.
Fair Housing Protections
Federal and Texas law prohibit housing discrimination at every stage: applications, tenant selection, lease terms, and evictions. The federal Fair Housing Act covers race, color, religion, sex, national origin, familial status, and disability. The Texas Fair Housing Act mirrors those protections and is enforced by the Texas Workforce Commission’s Civil Rights Division, which has a cooperative agreement with HUD to investigate complaints.17Texas Workforce Commission. Civil Rights Division
Families with children cannot be denied housing or subjected to unreasonable occupancy limits unless those limits are genuinely justified by safety or building-code constraints. Policies that single out tenants based on national origin, including demanding excessive documentation from foreign-born applicants beyond what legal residency verification requires, violate federal law.
Tenants with disabilities are entitled to reasonable accommodations that let them use and enjoy their home on equal terms. That can mean modifying a no-pet policy to allow a service or emotional support animal, installing grab bars, or providing notices in accessible formats. The Fair Housing Act also requires landlords to allow reasonable structural modifications, though in unsubsidized housing the tenant may bear the cost.18U.S. Department of Justice. Joint Statement of HUD and DOJ – Reasonable Accommodations Under the Fair Housing Act Refusing a reasonable accommodation is a violation, and complaints can be filed with HUD or the Texas Workforce Commission.
If You Are Denied or Terminated
If a PHA denies your application, reduces your subsidy, or moves to terminate your assistance, you have the right to challenge the decision. The process is different for applicants and current participants.
Informal Review for Applicants
Denied applicants are entitled to an informal review. The PHA must give you a chance to present your case, in writing or orally, to someone who was not involved in the original denial. After the review, the PHA must notify you of the final decision with a brief explanation of the reasons.19eCFR. 24 CFR 982.554 – Informal Review for Applicant Informal reviews are simpler than full hearings but still give you a chance to correct errors or supply missing information.
Informal Hearing for Current Participants
Current voucher holders get stronger protections. If the PHA proposes to terminate assistance, change your rent calculation, adjust your utility allowance, or modify your unit size, you are entitled to an informal hearing before the PHA can act.20eCFR. 24 CFR 982.555 – Informal Hearing for Participant The hearing is conducted by someone who was not involved in the challenged decision.
At the hearing, you may examine any PHA documents relevant to your case, bring your own evidence, and have a lawyer or other representative present at your own expense. If the PHA refuses to share a document before the hearing, it cannot rely on that document during the hearing. The PHA must proceed with hearings in a reasonably prompt manner once you request one.20eCFR. 24 CFR 982.555 – Informal Hearing for Participant Families who show up prepared with documentation fare significantly better than those who do not.
Eviction and Retaliation Rules
Landlords in federally assisted housing cannot evict tenants without legitimate grounds. Valid reasons include non-payment of rent, repeated or serious lease violations, and criminal activity that threatens the health or safety of other residents. The good cause requirement means a landlord cannot simply decline to renew your lease without a real reason when you are in a subsidized program.
Under Texas law, before filing an eviction suit the landlord must give the tenant at least three days’ written notice to vacate, unless the lease specifies a different notice period.21Texas Constitution and Statutes. Texas Property Code 24.005 – Notice to Vacate Prior to Filing Eviction Suit If the lease or applicable law requires that the tenant first be given a chance to respond to a proposed eviction, the notice to vacate cannot be issued until that response period expires. For voucher holders, the PHA’s informal hearing rights must also be honored before assistance is terminated.
Texas law prohibits landlords from retaliating against tenants who exercise their legal rights. If you report a code violation, request repairs, or participate in a tenant organization, your landlord cannot file an eviction, raise your rent, reduce services, or otherwise interfere with your tenancy for six months after your protected action.22State of Texas. Texas Property Code 92.331 – Retaliation by Landlord If you suspect retaliation, document the timeline carefully. A landlord who files an eviction within six months of your complaint carries the burden of proving the eviction was not retaliatory.