The Department of Housing and Urban Development (HUD) is an agency of the U.S. government. It provides federal funds to local housing agencies in the states of the U.S., including Texas. These local agencies manage public housing facilities. A public housing agency may be denoted as a “PHA.” A Texas landlord-tenant attorney would be able to help a person gain access to their local public housing agency.
There are PHAs across the state of Texas and each one of them provides public housing in a specific service area. Public housing consists of housing units that are offered for rent at rates that are below market rates and based on a renter’s income level. There are numerous state and federal laws involved in HUD and housing rights in Texas.
Public housing should not be confused with another well-known program offered by HUD, which is the federal Housing Choice Voucher Program, commonly known as Section 8 housing. Section 8 housing provides affordable housing to low-income families through a voucher system. Section 8 is also operated by PHAs in Texas.
In the Section 8 program, a person who qualifies because they meet income requirements and other qualifying requirements is supplied with a voucher they can use to pay a portion of their rent. The tenant themselves would also spend from 30 to 40% of their income on their rent.
A prospective Section 8 tenant must apply through a local housing agency and, if accepted, is likely to be put on a waiting list at the beginning of their search for a landlord who accepts Section 8 tenants.
A PHA has to approve a rental unit that is offered to an eligible family’s housing unit. If approval is given, the landlord and Section 8 tenant sign a lease. The landlord and the PHA also sign a contract that is effective for the same length of time as the lease.
The contract requires the landlord to provide clean and safe housing to a tenant at a rent that is reasonable. The housing must meet the PHA’s quality standards, and those standards must be maintained as long as the tenant receives Section 8 payments. The landlord is also required to provide any services listed in the lease and the PHA contract. If a tenant were to have issues with the landlord regarding safety or cleanliness, they would contact the PHA.
What Is HUD and How Is Fair Housing Enforced?
The federal Department of Housing and Urban Development has a number of missions as follows:
- Prevent Discrimination in Housing: Enforce laws aimed at preventing discrimination in housing and promoting equal access to housing for all
- Affordable Housing: Increase the availability of affordable housing
- Economic Opportunity: Promote community development that encourages economic opportunity to improve the quality of life in both urban and rural areas
- Reduce and Prevent Homelessness: Provide funding and other resources to reduce and prevent homelessness
- Sustainable Development: Promote sustainable development and economically and environmentally viable communities.
The federal Department of Housing and Urban Development offers Americans a wide range of services in connection with housing in order to fulfill its missions. For example, the Federal Housing Administration (FHA), also known as the Office of Housing within HUD, is a federal agency whose main function is to provide insurance to private mortgage lenders for the mortgage loans they make to home buyers.
Federal mortgage insurance allows private mortgage lenders to offer more mortgages, because the federal insurance reduces the financial risk that the lenders assume. This makes housing more available to more Americans.
When an individual applies for a mortgage loan to fund their purchase of a residence, federal law requires that the lender give them a “HUD Special Info Booklet.” This is a publication of HUD which offers prospective home buyers a wealth of useful information about buying a home and shopping for a mortgage loan. The current title of this helpful handbook for loan applicants is “Your home tool kit: A step by step guide.”
In addition to offering access to multiple resources to help renters and home buyers, HUD and the Texas Workforce Commission, Civil Rights Division (TWC-CRD) enforce fair housing laws as detailed below. Texas lawyers would also be a source of useful information about HUD and Texas fair housing laws.
Who Qualifies for Affordable Housing in Texas?
Public housing is available only to families and individuals whose incomes are low enough to qualify under the applicable rules. A PHA determines a person’s eligibility for public housing on the basis of the following factors:
- Their annual gross income
- Whether the person qualifies as elderly, a person with a disability, or as a family and
- U.S. citizenship or other eligible immigration status.
If an individual is eligible, the PHA checks their references, much as a private landlord checks the references of applicants for rental housing. PHAs refuse to rent public housing units to applicants whose habits and history of practices they expect would have a negative effect on other tenants or the project’s environment.
How Do I Apply for HUD or Affordable Housing in Texas?
Individuals who are interested in public housing are directed to contact their local PHA to apply. In Texas, an individual must apply directly to the PHA in the town in which they wish to live.
There are many PHAs in Texas and the lengthy list with contact information is accessible at this web address: https://www.hud.gov/contactus/public-housing-contacts.
Or, a person may access the website of the Texas Housing Association, http://www.txtha.org, where there is a link to a directory of PHAs in Texas. Or, a person may call 211 in Texas to get information about their local PHA.
If an individual has trouble contacting a PHA to apply for public housing, they would locate and contact a local HUD Field Office at this website: https://resources.hud.gov/
What Are Tenants’ Rights in Texas HUD Affordable Housing?
The federal Civil Rights Act, as well as the Texas Fair Housing Act, offer legal protection of an individual’s right to rent an apartment, buy a home, get a mortgage loan, or buy homeowners insurance without discrimination based on:
- Race
- Color
- National origin
- Religion
- Gender
- Family status
- Disability.
The Texas Department of Housing and Community Affairs is another source of information and assistance to tenants in Texas, including those in affordable housing provided by HUD through a local PHA.
Examples of things that might indicate illegal discrimination in renting may include the following:
- Telling an applicant that housing is not available when it is
- Requiring different terms or conditions for accessing housing services because of a household member’s race, color, national origin, religion, gender, family status or disability
- Advertising that there is certain applicants are preferred because of their race, color, national origin, religion, gender, family status, or disability
- Harassing or intimidating applicants through threats or vandalism
- Demanding sexual favors for access to housing services, e.g., a rental unit
- Refusing to accommodate a person with disabilities
- Directing an applicant to housing in one area of a complex based solely on factors that are illegally discriminatory.
The Texas Property Code includes an overview of a person’s basic rights as a tenant in a rental property.
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How Do HUD and Texas Help First-Time Home Buyers?
First-time home buyers can be helped in a number of ways by various HUD programs targeted at making home ownership more accessible to all Americans.
The Department of Housing and Urban Development offers prospective buyers FHA loans. These loans demand lower down payments from the buyer than do loans from private lenders, e.g., banks and credit unions. They also offer more flexible credit requirements. So, even people whose credit ratings are not as high as those of others can get access to home ownership.
Programs in some states may offer prospective buyers loans or grants to fund down payments and closing costs. Saving up a 20% down payment in order to buy a house can prove quite challenging for many buyers, so the availability of a loan or grant can help make a home purchase possible.
This agency offers special programs for veterans, families with low incomes, and people with disabilities to help them access home ownership. There are tools, guides, calculators, and a wealth of information at HUD websites that offer prospective home buyers a wealth of information about home buying and home ownership.
Buying a residence and owning one can be demanding projects, so it can help a prospective buyer to study and learn about them using HUD and Texas resources.
How Are Housing Rights Violations Recognized in Texas?
Under the federal Fair Housing Act (FHA), it is illegal for professional players in the housing market to discriminate against anyone based on race, color, national origin, religion, gender, disability, or family status. The law applies whether a person is renting an apartment, buying a home, applying for a mortgage, or seeking housing assistance.
In addition, Texas law, the Texas Fair Housing Act, closely aligns with the federal FHA. The Texas FHA bans discrimination based on race, religion, gender, disability, national origin, or family status, including having children. Landlords can even be liable for tenant-on-tenant harassment if they do not act to stop it when it happens.
Experts tell us that often people may not recognize that they have been the victim of discrimination that is illegal. Their rental application may be denied because they use a wheelchair. Landlords may refuse to rent to a family that includes children. Or a real estate agent may reject a potential client because of their religious affiliation.
If a person suspects that they may have been denied a housing opportunity of whatever kind, they want to have a legal consultation in Texas to discuss their experience with a qualified Texas lawyer who can help them determine if their housing rights have been violated and what they can do about it.
How Do I File a Complaint or Lawsuit for Housing Discrimination in Texas?
An individual who wants to file a complaint with a government agency about discrimination or other possible fair housing violations in Texas, they have various options. They may contact HUD. The main way to file a HUD complaint is to use their online form.
The law does not require a person to file a complaint with HUD or the TWC-CRD before filing a lawsuit in a civil court in Texas, but if they do, the agency would investigate and might be able to resolve a complaint. If a person does want to complain to HUD or the TWC-CRD, they should file within 1 year from the date when the discrimination or other violation occurred.
A person should file a lawsuit claiming violations of fair housing rights within 2 years of the date when the alleged violation occurred. Again, a person who wants to pursue a complaint, whether with an agency or in court, should contact another attorney as soon as possible.
A lawyer needs time to research a person’s case and prepare the documentation necessary to file a complaint with an agency or in court. If legal deadlines are not met, a court or agency may dismiss the case, and a person could forfeit their rights. In order to avoid this undesirable outcome, a person needs to act promptly.
Do I Need a Texas Housing Rights Lawyer?
If you have encountered problems in trying to access housing-related services of any kind, you want a Texas landlord-tenant lawyer. LegalMatch.com can connect you to a lawyer who can help you access HUD and Texas resources for renting and buying.
Your lawyer can help you determine if you have experienced a violation of state or federal fair housing laws and what you can do about it if you have. Your lawyer can also help you gain access to the many resources that are available from the federal government and the government of Texas relating to housing.