Quick Answer
Texas has no statewide ban on considering criminal history, and you may use it, but two rules shape how. First, Tex. Prop. Code § 92.3515(a) has you make available a printed notice of your selection criteria, including criminal history, when you provide the application, and § 92.3515(e) has you return the application fee and any application deposit if you reject an applicant without having made that notice available. Second, HUD’s 2016 guidance on criminal records under the Fair Housing Act says an arrest alone does not establish criminal conduct, and a blanket ban on anyone with a record is hard to defend as a nondiscriminatory policy. Statute text last checked October 2, 2026.
Key Takeaways
- Publish your criteria first. Section 92.3515(a) lists criminal history among the grounds your printed notice covers.
- Get the acknowledgment signed. Under § 92.3515(b), an unsigned acknowledgment creates a presumption that the notice was not made available.
- An arrest is not a conviction. HUD’s 2016 guidance says an arrest alone does not show that the applicant engaged in criminal conduct.
- Blanket bans carry fair housing risk. HUD’s guidance treats a policy that excludes everyone with any record as hard to justify.
- A report can trigger a notice. If a consumer report played a part in your decision, 15 U.S.C. § 1681m(a) calls for a notice naming the agency and the applicant’s rights.
1. The Texas Criteria Notice (§ 92.3515)
At the time you give an applicant a rental application, § 92.3515(a) has you make available a printed notice of your tenant selection criteria and the grounds on which the application may be denied, including the applicant’s:
- Criminal history.
- Previous rental history.
- Current income.
- Credit history.
- Failure to give accurate and full information on the application.
The applicant signs an acknowledgment that the notice was made available (§ 92.3515(b)). If it is not signed, the statute presumes the notice was not made available. If you reject an applicant and have not made the notice available, you return the application fee and any application deposit (§ 92.3515(e)).
Write your criminal-history criterion in plain terms, such as the types of convictions you consider and how far back you look, so that the applicant sees it before paying a fee.
2. The Fair Housing Framework
The federal Fair Housing Act bars discrimination based on race, color, religion, sex, disability, familial status, and national origin. A criminal-history policy that looks neutral can still have a disparate impact on a group the Act covers. HUD’s 2016 guidance explains how it analyzes that claim. Under the guidance:
- Arrests. An arrest alone does not establish that a person engaged in criminal conduct, so it is not a sound basis for denial by itself. You may look at the conduct behind an arrest if you can establish it.
- Convictions. A conviction is evidence of conduct, but a policy that excludes applicants because of any conviction must serve a substantial, legitimate, nondiscriminatory interest, such as resident safety, and be no broader than needed.
- Blanket policies. A policy that denies everyone with any record, or with any felony, regardless of the offense or how long ago it happened, is the kind HUD says is hard to justify.
The Fair Housing Act also states that it does not prohibit a denial based on a conviction for the illegal manufacture or distribution of a controlled substance (42 U.S.C. § 3607(b)(4)). That exemption is narrow, so read its text before you rely on it.
HUD’s guidance is a statement of how the agency reads the Act, and later HUD guidance or a court decision can change the picture. Check for updates before you finalize a policy.
3. Review Each Applicant
An individual review gives you a record that your decision rests on safety and property concerns and not on a category. Consider:
- Nature and severity of the offense, and whether it bears on the safety of residents and property.
- How much time has passed since the conduct or conviction.
- What the applicant has done since, such as steady housing, work, or references.
HUD’s guidance does not set a number of years. Choose the factors you will weigh and apply them to every applicant, and write down what you applied and when.
4. If a Report Played a Part
When you use a consumer report in a denial or another less favorable outcome, such as a higher deposit, 15 U.S.C. § 1681m(a) calls for a notice that names the agency with its address and telephone number, states that the agency did not make the decision, and describes the right to a free report within 60 days and the right to dispute. The notice can be oral, written, or electronic, and a written notice leaves a record. See the Texas denial guide.
5. Summary
| Practice | Safer approach | Higher fair housing risk |
|---|---|---|
| Criteria notice | Printed notice and signed acknowledgment at application | Collecting a fee with no notice available |
| Arrests | Look at underlying conduct you can establish | Denying on a pending arrest alone |
| Convictions | Written criteria tied to safety and property | A lifetime ban on any record |
| Individual review | Weigh nature, time elapsed, and what followed | Refusing to look past the record |
| Report-based notice | Notice naming the agency and rights | Rejecting with no notice after a report |
6. Questions Owners Ask
May I ask about criminal history at all? Texas does not bar it. Publish the criterion under § 92.3515 and apply it evenly.
Can I deny someone with a felony conviction? You may weigh it. A rule that bars every applicant with any felony is a policy HUD’s guidance says is hard to justify, so tie your rule to the offense and a safety interest.
Does Texas limit how far back I look? Not in the sections cited here. Some cities add their own rules, so check yours.
What This Guide Does Not Cover
This guide covers criminal-history screening for Texas residential rentals under Tex. Prop. Code § 92.3515, HUD’s 2016 guidance, and the outline of 15 U.S.C. § 1681m. It describes the sources as of the check date above and does not predict how a court will rule on your facts.
It does not cover:
- Federally assisted housing rules that mandate a denial, such as 42 U.S.C. § 13663.
- Employment background checks.
- Commercial leases.
- City fair-chance housing ordinances.