GUIDE
Criminal Records and Fair Housing: Texas Renter Guide 2026
Federal guidance about criminal records changed. That doesn't mean fair housing protections ended. After a rental denial, keep three things apart: guidance that was withdrawn, rules that are only proposed and the law in force today.
What this guide covers
- What HUD withdrew and what it has proposed
- Three questions to keep apart after a denial
- Where to read the official documents
What changed
On July 17, 2026, HUD published a notice listing Office of General Counsel guidance it had withdrawn, including its 2016 guidance on criminal records. The notice came out in 2026, but the withdrawal took effect back on September 25, 2025. A separate notice from April 6, 2026 withdrew HUD's 2022 memo on putting that guidance into practice, effective September 17, 2025. Both notices deal only with guidance documents. They don't repeal the Fair Housing Act, and they don't decide if any one landlord's policy is legal.
In January 2026, HUD published a proposed disparate impact rule, and a supplemental proposal followed in August. A proposal isn't a final rule. When we last checked on October 13, 2026, no final rule had come out after those proposals. Check the official docket for anything newer.
Keep three questions separate
- Report accuracy: Does the screening report belong to you and show the correct outcome?
- Property process: What written criteria and review process did the property use?
- Possible discrimination: Were you treated differently based on a trait the law protects, or is there another issue a lawyer should look at?
Save the criteria, messages, application receipt, report and decision notice. Having a criminal record doesn't settle whether the denial was legal. Use Local Help to find legal help, and ask about deadlines right away.
Official materials
July 2026 HUD withdrawal notice; April 2026 HUD withdrawal notice; January proposed rule; August supplemental proposal. Our team helps with apartment locating. We can't tell you if discrimination happened.
Published by the Felon Friendly Apartment Team. This is general renter information. Each property makes its own decisions, and questions about your own case belong with a lawyer or legal aid.
Common Questions
Did HUD withdraw its criminal records guidance?
Yes. HUD withdrew its 2016 guidance on criminal records effective September 25, 2025, and announced it in a July 17, 2026 notice. Its 2022 memo on that guidance was withdrawn too. Neither change repeals the Fair Housing Act.
Is there a new HUD rule on disparate impact?
HUD published a proposed rule in January 2026 and a supplemental proposal in August. A proposal isn't a final rule. Check the official docket for anything newer.
What should I save if I think a denial was discriminatory?
Keep copies of everything in writing, from the criteria to the decision notice. Then talk to a lawyer or legal aid soon, before any filing deadline passes.
Ready to Start Your Apartment Search?
Our help is free to renters. Participating communities may pay our brokerage a referral fee. Tell us what you need, and we'll check each community's criteria against your record.
More renter help
Use renter checklists and budget tools · Browse the guide library