Texas Government Code 2306.6738 – Prohibited Practices
(a) Notwithstanding any other law, a development owner of a development supported with a housing tax credit allocation may not:
(1) lock out or threaten to lock out any person residing in the development except by judicial process unless the exclusion results from:
(A) a necessity to perform bona fide repairs or construction work; or
(B) an emergency; or
(2) seize or threaten to seize the personal property of any person residing in the development except by judicial process unless the resident has abandoned the premises.
(b) Each development owner shall:
(1) include a conspicuous provision in the lease agreement prohibiting the owner from engaging in a practice described by Subsection (a); and
(2) remove in the manner specified by department rule any provisions in the lease agreement that are contrary to Subsection (a).
Terms Used In Texas Government Code 2306.6738
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Personal property: All property that is not real property.
- Rule: includes regulation. See Texas Government Code 311.005