Austin tenant screening & landlord laws

Because Texas gives home-rule cities like Austin meaningful local authority, Austin has at times gone further than the state baseline — most notably on source of income. Austin amended its city code around December 2014 to add source of income (reportedly including income from housing vouchers such as Section 8) as a locally protected category in housing. However, in 2015 the Texas Legislature enacted Texas Local Government Code § 250.007, which states that "a municipality or county may not adopt or enforce an ordinance or regulation" that prohibits a landlord "from refusing to lease or rent" based on a tenant's "lawful source of income" if that income "includes funding from a federal housing assistance program" — with exceptions preserving protections specifically for military veterans and for voluntary landlord incentive programs. Because state and local rules evolve, confirm the current text at Texas Constitution and Statutes, Local Government Code, Chapter 250.

The current interaction between this preemption statute and any Austin ordinance should be verified directly. As of its September 1, 2015 effective date, Texas law generally bars a city from enforcing a requirement that landlords accept federal housing-voucher income, not just from adopting a new one — language that on its face would appear to reach any existing Austin ordinance, if any, at least as to the federal-voucher-specific piece. Independent secondary corroboration, including a general Wikipedia summary of source-of-income laws, lists Texas among the states that "preempt the passage of source of income discrimination laws," consistent with the statute's text, but that is a secondary source, not a court ruling. Confirm any current Austin source-of-income protection directly with the City of Austin's Equity Office or Housing Department and against current municipal code before relying on any more specific conclusion than "state law limits enforcement of the federal-voucher-specific portion of this protection."

Beyond the source-of-income question, landlords should confirm whether Austin has a separate ordinance restricting the use of criminal history in tenant screening. Some large U.S. cities have adopted "fair chance" housing ordinances; confirm Austin's current municipal code before finalizing a screening policy based on criminal records.

Austin does not have its own rent control ordinance. Texas Local Government Code § 214.902 allows a municipality's governing body to establish rent control only if it "finds that a housing emergency exists due to a disaster" as defined in the Texas Government Code, and only if the governor separately approves the ordinance — a standard that is rarely, if ever, met.

On fair housing more broadly, Texas Local Government Code § 214.903 allows home-rule cities to adopt fair housing ordinances, but generally requires the substantive rights those ordinances grant to be "substantially equivalent to" federal fair housing law (procedures and remedies may differ), except for ordinances that existed before January 1, 1991 and were more protective, which remain in effect. We did not independently verify how this provision has been applied to Austin's specific ordinance language.

Texas has no statewide just-cause eviction requirement. Texas Property Code § 24.005 is generally understood to set a baseline written notice-to-vacate period before an eviction filing, but confirm the exact current text before relying on that citation.

Austin sits mostly within Travis County, with a smaller portion extending into Williamson County. Texas counties are structured very differently from home-rule cities: unlike Austin, Texas counties are not home-rule entities and generally only have the specific powers the Texas Legislature has expressly granted them — they don't have the same broad local police power a city like Austin has. Landlords in unincorporated parts of Travis or Williamson County should confirm whether any county-level landlord-tenant or source-of-income ordinances apply.

Does Austin still protect source of income, including housing vouchers?

Austin has historically had a source-of-income ordinance, but a 2015 Texas law appears to limit cities from enforcing the federal-housing-voucher-specific piece of that kind of protection. Verify the current, precise scope of enforcement directly with the City of Austin before relying on this for a specific tenant decision.

Does Texas or Austin cap security deposits?

No dollar cap that we could confirm at either the state or city level. Texas law instead regulates the deposit's return timeline (generally 30 days after the tenant surrenders the unit) and bars deductions for normal wear and tear.

Is there rent control in Austin?

Generally no. Texas law only allows a city to adopt rent control after a formally declared disaster-related housing emergency with the governor's approval. For Austin, confirm any current rent-control measure against current municipal code.

Does Austin have its own criminal-history screening ordinance?

Confirm with the city of Austin whether any relevant local ordinance exists on this topic.

If you manage rental property in Austin or the surrounding Travis County area, Checkr can help you run a tenant screening process built around FCRA compliance and Texas's statewide framework. Get started with Checkr to see how our screening reports and adverse-action tools are designed to support your process.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.