Can You Rent an Apartment with a Felony in Texas?
For individuals with a felony record, finding a place to rent can be a daunting and frustrating experience. Many people assume that having a felony conviction will automatically disqualify them from renting an apartment, but the situation is more complex than that. In Texas, there is no statewide ban on renting an apartment with a felony record. However, the availability of apartments, the requirements for renting, and the process of approving a tenant with a felony conviction vary depending on several factors. In this article, we will explore the laws, regulations, and practical considerations involved in renting an apartment with a felony in Texas.
Short Answer: Can You Rent an Apartment with a felony in Texas?
- No statewide ban: There is no statewide law in Texas that prohibits convicted felons from renting apartments.
- Private landlord discretion: Individual landlords may have their own policies and requirements for renting to people with felony records.
- Federal Fair Housing Laws: Although not specifically prohibiting felons, federal laws protect individuals with criminal convictions from discrimination based on race, religion, gender, and other protected characteristics, including disability.
Public Housing and Section 8 Rentals
- PHAs’ discretion: Public Housing Authorities (PHAs) in Texas have some discretion in deciding whether to accept tenants with felony convictions.
- Guiding principles: PHAs usually consider the severity of the crime, the tenant’s rehabilitation efforts, and whether the felony conviction is still active.
- Local policies: Some PHAs may have more restrictive policies than others.
Privately Owned Rentals
- Landlord discretion: Private landlords have the ultimate say in who they want to rent to, and some may have stricter screening processes than others.
- Background checks: Most landlords require background checks for prospective tenants, which can reveal felony convictions.
- Rehabilitation programs: Landlords may prioritize tenants who have completed rehabilitation programs or shown significant changes in behavior.
Federal and State Laws
- Federal Fair Housing Act (FHA): Prohibits discrimination in the rental of housing, including against individuals with disabilities, which may include certain criminal convictions.
- Texas Fair Housing Act (TFHA): Amends the FHA to extend protections to all aspects of housing, including rental of apartments and homes.
- Equal Access to Housing Act (EAHA): Federal law prohibits disability-based discrimination in the rental of housing, including crimes related to drug addiction and mental health.
Court Decisions and Guidance
- US Department of Housing and Urban Development (HUD) guidelines: States that convictions that are irrelevant to the tenant’s suitability as a renter cannot be used as a basis for denying housing.
- Texas courts: Individual court decisions may vary depending on the specific circumstances. For example, in a 2018 case, a Texas appeals court held that a landlord’s reliance on a tenant’s arrest record was illegal, and the tenant was entitled to damages.
Practical Considerations
- Disclosing criminal history: Tenants with felony records may want to disclose this information upfront to avoid complications later.
- Building a positive rental history: Demonstrating a good payment history and responsible behavior during the rental period can increase the chances of securing subsequent rentals.
- Restorative justice programs: Organizations like the Texas Department of Criminal Justice’s (TDCJ) Offenders’ Housing Program provide safe and stable housing for previously incarcerated individuals.
Rental Property Options
- Section 8 properties: PHAs may require a tenant with a felony conviction to participate in treatment programs or have a longer waiting period before approval.
- Private rentals: Landlords may be willing to rent to tenants with felony records if they believe the tenant has made sufficient changes in behavior.
- Rent-to-own options: Some rent-to-own programs may not require a background check for felony convictions.
Table: Comparison of Public Housing and Section 8 Policies
PH/A | Felony Conviction Considerations | Background Checks | Waiting Periods |
---|---|---|---|
Harris County Public Housing Authority | Discretionary; considers severity, rehabilitation efforts, and inactivity of conviction | Required | Up to 5 years |
Dallas Housing Authority | May consider rehabilitation efforts, age of conviction, and potential for future crimes | Required | Up to 2 years |
San Antonio Housing Authority | Discretionary; weighs severity, rehabilitation efforts, and potential for future crimes | Required | Up to 3 years |
In conclusion, having a felony record in Texas does not automatically disqualify you from renting an apartment. While individual landlords and PHAs may have their own policies and considerations, federal and state laws protect individuals with criminal convictions from discrimination. By being aware of these laws and regulations, individuals with felony records can navigate the complex process of finding a suitable rental property in Texas.
Final Thoughts
Rental opportunities may be available for individuals with felony convictions, but it is crucial to understand the specific circumstances and requirements of each situation. It is essential for tenants with felony records to be upfront about their conviction history, demonstrate a strong rental history, and highlight any positive changes in their behavior. By doing so, they can increase the chances of securing a safe and stable rental property that meets their needs.