Houston, TX Rental Property Rules: Source-of-Income Discrimination (2026)
Key Facts
- Houston ordinance
- None exists
- State preemption
- TX Local Gov't Code Section 250.007
- Federal status
- Not protected under FHA
- Disparate impact
- Still actionable under FHA
Summary
Houston has not adopted a source-of-income antidiscrimination ordinance, so private landlords may legally refuse Section 8 vouchers, SSI, or housing-subsidy income; Texas state law preempts most local SOI protections.
Sec. 250.007. REGULATION OF RENTAL OR LEASING OF HOUSING ACCOMMODATIONS. (a) Except as provided by this section, a municipality or county may not adopt or enforce an ordinance or regulation that prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person's lawful source of income to pay rent includes funding from a federal housing assistance program.(b) This section does not affect an ordinance or regulation that prohibits the refusal to lease or rent a housing accommodation to a military veteran because of the veteran's lawful source of income to pay rent.
Full Breakdown
Unlike Dallas (which adopted SOI protection in 2020 only to see it preempted by Texas in 2015's HB 1510), Houston has never adopted a source-of-income ordinance. Texas Local Government Code Section 250.007 prohibits cities from requiring landlords to accept Housing Choice Vouchers. Federal fair housing law also doesn't classify source of income as protected. Practical result: Houston landlords routinely advertise "no Section 8," reject voucher holders, and screen out applicants whose income is wages-only. The only SOI exceptions in Houston are landlords contractually bound to accept vouchers (LIHTC, RAD, HOME-funded properties) or those who voluntarily participate.
Violations & Fines
There is no Houston SOI ordinance to violate. Voucher rejections become discriminatory only when used as pretext for race, disability, familial status, or national origin discrimination, which remain federally protected under the Fair Housing Act.
Frequently Asked Questions
Can a Houston landlord refuse my Section 8 voucher?
What if I think the rejection is racial or disability-based?
Sources & Official References
Other rules in Houston
Texas rules heatmap·Compare Houston to another location·View the Texas rental property rules overview
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