Texas Bans Local Rent Control

Under Tex. Loc. Gov't Code § 214.902, a Texas municipality may not adopt rent control unless its governing body finds that a housing emergency exists due to a disaster, as defined in Government Code § 418.004, and the governor approves the ordinance. The same statute ties any rent control to the disaster: the city must continue or discontinue it in the same manner the governor continues or discontinues the state of disaster under § 418.014. This makes any local rent control strictly temporary and emergency-only, not a standing policy. No Texas city currently has rent control, and Texas imposes no statewide cap on how much rent can rise. Landlords and tenants negotiate rent and increases by lease terms, subject only to general notice and contract rules.

If a city enacted rent control without a governor-approved disaster finding, the ordinance would be preempted by state law and unenforceable. Landlords or industry groups could sue to void it, and a court would strike it as exceeding the city's authority under § 214.902.