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HUD 2016 Guidance and Criminal Screening

The 2016 HUD guidance says blanket criminal denials may violate the Fair Housing Act via disparate impact. What it means for renters and which communities adjusted.

Renter reading a fair housing information sheet

The direct answer

What the 2016 HUD guidance says (blanket denials may violate the FHA)

If you’re searching this because you’ve been denied or you’re worried about applying, here’s what actually happens in Texas: most communities run a credit check. The question is what they do with the results. Some use a hard cutoff (below X score, auto-deny). Others use conditional-approval bands and weigh the full picture — income, rental history, collections type, and time since any issue.

We’re a licensed Texas apartment locator (TREC #9006179) with 15+ years of relationships with property managers across Dallas, Fort Worth, Houston, Austin, and San Antonio. We match renters with credit and background challenges to Texas communities that will actually approve them.

Graphic: blanket denial vs individualized assessment

What it actually means

Which PMCs adjusted vs. didn’t

How this supports individualized assessment

The next step for renters in this situation.

How Texas communities handle it

Texas property managers use a mix of screening vendors — TransUnion SmartMove, Experian RentBureau, RealPage, AppFolio, NCAC, and LeasingDesk. Each vendor surfaces different information, and each PMC weighs it differently.

The reason people burn $50-$75 per rejected application is that the “no credit check apartments” search returns generic pages that don’t explain the mechanics. This page explains them.

For the broader picture on hud criminal background rental guidance, see our criminal background or the related guides below.

What to do next

If you’re weighing whether to apply somewhere or you’re afraid of another rejection, don’t guess. We’ll tell you in 2-4 business hours which Texas communities will approve your specific situation. Free to you — communities pay us the referral fee from their advertising budgets.

Related reading: criminal background · can you rent with a felony in Texas?

FAQ

Does HUD guidance mean communities can't deny for a record? +

No; but blanket denials may violate the FHA, so many use individualized assessment.

How does this help me rent? +

It gives communities room to weigh your specific charge, recency, and circumstances.

Do all Texas communities follow it? +

Many adjusted; many haven't, which is why matching matters.

Related guides

Can You Rent an Apartment With a Felony in Texas?

Yes, you can rent with a felony in Texas depending on charge type and recency. Which felonies are most approvable and why credit alone won't save a denial.

Deferred Adjudication in Texas and Apartment Screening

Deferred adjudication means you weren't formally convicted, but some reports still surface it. How it's treated vs. a conviction and documentation that clarifies it.

How Long After a Conviction Can You Rent an Apartment?

Most communities require 5-7 years since sentence completion, not the conviction date. Why probation/parole completion matters and how recency meets charge type.

Renting With a Misdemeanor: Which Charges Get Approved?

Misdemeanors are much easier to rent with: old DUIs, drug possession, theft under $500. Which still cause friction, what documentation helps, and typical odds.

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