Note The library cannot tell you what the law means for your situation.
Note For more information on Texas and federal housing laws, see our Landlord/Tenant Law guide.
For those who are being released from the Texas Department of Criminal Justice (TDCJ), either on parole or mandatory supervision, housing will be arranged prior to their release. Some parolees may be allowed to live with friends or family, while others may be required to live in a halfway house because of their parole conditions. Others may have to stay in a halfway house temporarily while they search for more permanent housing.
There are currently only seven TDCJ-approved halfway houses so space is limited. This often means that people who otherwise qualify for early release sometimes have to remain in prison until a space is available.
Those who are released after serving their whole sentence will need to arrange housing on their own.
When someone applies to rent a home, landlords will often run a background check on the applicant. Landlords can buy these background check reports from a consumer reporting company. You might also hear them called "tenant screening reports."
These reports will have information on the applicant's rental history (including evictions), credit history, and their criminal history. These reports will often include a computer-generated score or a recommendation to accept or reject an applicant.
These background checks are considered a type of consumer report and as such are regulated by the federal Fair Credit Reporting Act (FCRA).
Under the federal Fair Credit Reporting Act (FCRA), arrest records cannot be reported after seven years. Criminal convictions, however, can be reported indefinitely under this law.
Texas and several other states have laws to limit how long a criminal conviction can be reported. However, many of these laws are preempted because they contradict with the federal law.
Landlords generally make their own decisions about renting to people with a criminal history. Some federally-assisted housing programs have restrictions from renting to people with a criminal history.
Landlords often provide an applicant with notice of their "tenant selection criteria" at the same time as the rental application. This notice will give a list of reasons why an applicant may be rejected by the landlord. This notice will likely state the landlord's policy on criminal history. It may also list what type of prior activity they've decided may cause an application to get rejected.
If the landlord rejects an applicant without providing the tenant selection criteria notice, they must return the application fee and any application deposit.
Most federal housing providers prohibit landlords from renting to tenants with criminal histories. This includes lifetime registered sex offenders as well as those with certain drug or violent crime convictions.
They are allowed to set their own time period for how far back they will look into someone's criminal history. However, federal regulations state it must be limited to a reasonable time before the screening process.
If an applicant is denied housing based on information found in a background check, the FRCA requires the landlord to provide them with a notice.
This notice may be referred to as an "Adverse Action Notice." The notice may be given in writing, orally, or electronically. The notice must contain the contact information for the company who provided the report so the applicant can request a copy.
If an error is found on a consumer report, a dispute must be filed with the company who produced to report so that they can investigate. If an applicant is not able to resolve the matter that way, they may choose to file a lawsuit against the company for violations of the FCRA. Complaints of violations may also be submitted to the Consumer Financial Protection Bureau (CFPB).
To learn more about disputing errors on a consumer report, see our Credit Reports research guide.
The Fair Housing Act (FHA) is a federal law that prohibits housing discrimination. It prohibits discrimination based on characteristics of race, color, religion, national origin, sex, disability, and familial status.
People with a criminal record are not specifically protected under the Act. However, HUD has determined that minorities, who are a protected class, are disproportionally affected by housing barriers.
In 2016, HUD released guidance on when certain housing policies could be considered discrimination. Those actions include:
It's important to keep in mind that the federal Fair Housing Act does not apply to all landlords. It does not apply to:
Texas has its own Fair Housing Act which contains similar exceptions.
However, if the rental property resides in a Texas city, there may also be local laws prohibiting housing discrimination. See the Municipal Laws and Ordinances page on our website for assistance.
Discrimination complaints under the Fair Housing Act can be filed at the federal level with HUD as well as at the state level with the Texas Workforce Commission (TWC):
If you live in an area of Texas that has a local housing authority, you may also be able to file a complaint with their office. The Texas Housing Association has a list of housing authorities by county on their website:
Check out the Housing section on our Legal Advocacy Organizations page for a list of organizations you may be able to speak with if you have questions about your situation.
Want to know more about your rights as a tenant? Check out the following library resources available remotely to library account holders through our Digital Collection. If you are not currently registered for a library account, please visit Get a Library Card.
Note The library cannot tell you what the law means for your situation.