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San Antonio, Texas

Second chance apartments in San Antonio: renting with a record

Neither Texas nor San Antonio limits what criminal history a private landlord may consider, so each landlord sets its own criteria. Opportunity Home San Antonio publishes a screening grid with 7-, 5- and 3-year lookbacks and says arrests and expunged convictions are not used. Texas RioGrande Legal Aid, 2-1-1 and HUD housing counselors are good places to start.

Checked October 29, 2026. General information, not legal advice. We don't list or recommend landlords; these are the rules and the official help in San Antonio.

On this page
  1. Texas law
  2. San Antonio rules
  3. Public housing and vouchers in San Antonio
  4. Where to get help in San Antonio
  5. Avoiding rental scams in Texas
  6. Where to go next

Texas law

Texas (statewide)

Texas has no state law that limits what criminal history a private landlord may consider. The Texas Fair Housing Act (Property Code chapter 301) bars refusing to rent because of race, color, religion, sex, familial status or national origin, and a criminal record is not on that list.1

Section 301.021(c) adds that the section does not prohibit discrimination against a person because of a conviction, under federal law or any state's law, for the illegal manufacture or distribution of a controlled substance. Other sections of the chapter cover disability. Having a record is not a protected class under federal fair housing law either, so the national guide's points still apply. Because state law leaves these choices to each landlord, ask for the written criteria before you pay a fee.

Screening criteria and fees

A Texas landlord must make a printed notice of its tenant selection criteria available when it gives you a rental application. The notice must give the grounds on which an application may be denied, such as criminal history, rental history, current income or credit history, and the applicant signs an acknowledgment that the notice was made available.2

If a landlord rejects you without having made that notice available, it must return your application fee and any application deposit (Property Code sec. 92.3515(e)). You are treated as rejected if the landlord has not accepted you within 7 days after you submit a completed application (sec. 92.352(a)). A landlord that in bad faith fails to refund a fee or deposit it owes can be liable for $100, three times the amount kept and your attorney's fees (sec. 92.354). We found no dollar cap on application fees in sections 92.351 to 92.355.

Renting to someone with a record

Texas law says a landlord cannot be sued solely for renting to a tenant who has been convicted of, arrested for or placed on deferred adjudication for an offense. A negligence claim is still possible if the tenant was convicted of an offense listed in Code of Criminal Procedure article 42A.054 or has a reportable conviction or adjudication under chapter 62, and the landlord knew or should have known.2

Section 92.025 took effect January 1, 2016 and does not create or expand any cause of action. It speaks to a landlord's risk of being sued, not to whether a landlord must rent to you, so a landlord may still decline an application.

Sealed and expunged records

If a Texas court issues an order of nondisclosure for your record, the court may not disclose the sealed court-record information to the public. Government Code secs. 411.076 and 411.0765 allow disclosure only to criminal justice agencies, the person named in the order, a set list of licensing, education, health, financial and other agencies, and where federal law requires it; private landlords are not on that list. A private company that sells criminal history information must destroy it and may not pass it on once it has notice of an expunction or nondisclosure order, and it can owe damages if it does (sec. 411.0851).3

A person with a nondisclosure order does not have to state the proceeding on an application for employment, information or licensing (Government Code sec. 411.0755). Not everyone qualifies: sec. 411.074 excludes some people from getting an order for certain offenses, including registrable sex offenses, certain violent offenses and family violence. If a tenant screening report still shows a sealed or expunged record, the national guide explains how to dispute it.

Eviction records

Texas has no process to remove or seal an eviction from your record, according to the Texas State Law Library. The library says the main exceptions are certain Rule 76a circumstances and cases dismissed under the former Eviction Diversion program, which no longer exists.4,5,6,7

The library also says eviction court records are presumed open and that negative information can stay on a credit report for up to 7 years (its page was last updated January 19, 2024). Three 2025 bills on keeping eviction case information confidential, HB 1369, HB 2223 and SB 948, were referred to committee in the regular session, and the Legislature's bill histories show no later action as of October 29, 2026, so none of them became law.

San Antonio rules

San Antonio city code

We found no city ordinance limiting criminal-history screening by private landlords in San Antonio as of October 29, 2026. San Antonio's housing discrimination ordinance (Code chapter 2, article X, division 6, secs. 2-621 and following) protects race, color, religion, sex, sexual orientation, gender identity, veteran status, disability, familial status, national origin and age.8

The ordinance is Ord. 2013-09-05-0577 (September 5, 2013). We searched division 6 on Municode for convict, criminal and arrest; the only rule about convictions is section 2-633(1), which says the division does not prohibit considering a conviction for the illegal manufacture or distribution of a controlled substance. A criminal record is not a protected class. Texas law does not limit screening either, so private landlords set their own criteria.

Public housing and vouchers in San Antonio

Screening grid

Opportunity Home San Antonio's FY 2026-2027 voucher plan, approved by its board on April 1, 2026, runs a criminal-history check on every adult and uses a screening criteria grid with 7-, 5- and 3-year lookbacks. The lookbacks apply to convictions and run from the offense date to the screening date (section 3.3.E(6)).9

Seven years covers, among others, homicide and manslaughter, felony and aggravated assault, robbery, injury to a child, elderly or disabled person, sexual assault and sex offenses, kidnapping, abduction and unlawful restraint, drug manufacture, distribution or possession with intent to distribute, child endangerment, arson-related offenses and human trafficking or smuggling. Five years covers misdemeanor assault and deadly conduct, stalking, harassment, terroristic threat, drug possession with two or more felony convictions, fraud, felony burglary, felony criminal mischief or vandalism, and two or more felony convictions not on the grid. Three years covers assault by contact, crimes against animals, DUI/DWI with two or more convictions, felony drug possession, trespassing, theft with two or more felony convictions, unlawful carrying of a weapon, felony prostitution, solicitation and destruction of property. The grid is on PDF pages 113 to 115 (printed 3-35 to 3-37); we checked each item's column against the PDF layout, and the list above is not complete.

Arrests and expunged records

The voucher plan says arrests are not used as a basis for denial or as proof of disqualifying activity, and that expunged convictions are not considered (section 3.3.E(7) and (8)). An arrest may still trigger an investigation, such as obtaining the police report and finding out whether charges were filed, dismissed or ended in acquittal (section 3.3.F).9

Section 3.3.F says the authority decides on a preponderance of the evidence and weighs the seriousness of the conduct, the time since the violation and evidence of rehabilitation. Attempts and conspiracies are treated as the primary crime (section 3.3.E(9)).

Mandatory denials and registration

The voucher plan (section 3.3.C) requires denial for a drug-related eviction from federally assisted housing in the last 3 years, current illegal drug use (any use in the previous 6 months), meth production, lifetime sex-offense registration and failure to sign consent forms. The public housing policy (ACOP section 3.3.C(3)(e)) goes further: it denies any household member subject to any state sex-offense registration requirement and says denial "will not be limited to individuals with lifetime registration requirements."9,10

That makes the public housing rule broader than the voucher plan, which uses lifetime registration. The voucher plan also denies a family if any member was evicted from federally assisted housing, for any reason, in the last 3 years (section 3.3.D(4)). A debt owed to a federal housing program can carry a 10-year denial period in public housing (ACOP section 3.3.D). The ACOP is 507 pages with a 07/01/2026 revision date, approved April 1, 2026.

Informal review

Before a denial based on a record, the voucher plan says you receive a copy of the record and 10 business days to dispute it (section 3.3.G(4)). The denial notice is sent in writing within 10 business days of the decision.9,10

For vouchers, ask for an informal review in writing, in person, by mail or by email, within 10 business days of the denial (chapter 16, section 16.3.B, printed pages 16-12 to 16-14). The authority schedules the review within 30 business days of the request and mails the final decision within 10 business days after it. For public housing, ask for an informal hearing in writing within 10 business days of the denial, and the authority sends notice of the hearing within 10 business days of the request (ACOP section 14.1.B(5), printed pages 14-3 to 14-4).

Where to get help in San Antonio

2-1-1 and housing counseling

Dial 2-1-1 or (877) 541-7905 to reach 2-1-1 Texas, a program of the Texas Health and Human Services Commission. It is free, anonymous and open 24 hours a day, every day, and calls go to one of 25 regional information centers.13,14,15,16

HUD's housing counseling search lists HUD-approved agencies. When we searched HUD's agency data for agencies within 20 miles of downtown San Antonio on October 29, 2026, it returned 5, of which 3 listed rental housing counseling, including the City of San Antonio Department of Neighborhood and Housing Services, 100 W. Houston St, 210-207-5309. HUD's list changes over time, so your own search may show a different number. HUD does not define the status codes in that data, and some listed agencies may not be active, so confirm services by phone. The national guide has HUD's counseling number, 800-569-4287.

Avoiding rental scams in Texas

Texas Attorney General

The Texas Attorney General warns that scammers post fake rental listings to collect advance deposits, then make excuses when you ask to see the property. Be especially cautious if an owner asks for a deposit before you have seen the property in person.17

The office says some scams involve a tenant posing as the owner, so try to verify that the person is the real owner or an authorized sublessor. It lists odd payment requests, such as wire transfers through Western Union or payment outside the listing website, as warning signs. If you run into one of these scams you can file a consumer complaint online with the Attorney General's office. The national guide has the FTC's list of warning signs.

Sources

Each source was opened and checked on October 29, 2026.

  1. Texas Property Code chapter 301: Texas Fair Housing Act (sec. 301.021)Texas Legislature (Texas Constitution and Statutes)
  2. Texas Property Code chapter 92: Residential Tenancies (secs. 92.351 to 92.355)Texas Legislature (Texas Constitution and Statutes)
  3. Texas Government Code chapter 411 (secs. 411.074, 411.0755, 411.076, 411.0765 and 411.0851)Texas Legislature (Texas Constitution and Statutes)
  4. Can I remove an eviction from my record?Texas State Law Library
  5. 89(R) History for HB 1369 (confidentiality of residential eviction case information)Texas Legislature Online
  6. 89(R) History for HB 2223 (confidentiality of eviction case information)Texas Legislature Online
  7. 89(R) History for SB 948 (confidentiality of residential eviction case information)Texas Legislature Online
  8. San Antonio Code of Ordinances, chapter 2, article X, division 6: Discrimination in HousingCity of San Antonio (Municode)
  9. FY 2026-2027 Housing Choice Voucher Administrative Plan (revision date 07/01/2026)Opportunity Home San Antonio
  10. FY 2026-2027 Admissions and Continued Occupancy Policy (revision date 07/01/2026)Opportunity Home San Antonio
  11. Legal Aid (Legal Aid Resources: Can't Afford a Lawyer?)Texas Judicial Branch
  12. Get HelpTexas RioGrande Legal Aid
  13. About 2-1-1 Texas and our Organization2-1-1 Texas (Texas Health and Human Services Commission)
  14. Housing Counseling Services searchU.S. Department of Housing and Urban Development
  15. HUD Housing Counselor agency search by location (20-mile radius, queried October 29, 2026)U.S. Department of Housing and Urban Development
  16. HUD Housing Counselor services listU.S. Department of Housing and Urban Development
  17. Real Estate & Rental ScamsOffice of the Attorney General of Texas

Where to go next

All guides