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Presentation, discussion, and possible action on the approval of the 2026 State of Texas Low Income Housing Plan and Annual Report
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RECOMMENDED ACTION
Recommendation
WHEREAS, Tex. Gov’t Code §2306.0721 requires that the Department produce a state low income housing plan, and Tex. Gov’t Code §2306.0722 requires that the Department produce an annual low income housing report;
WHEREAS, at the board meeting of January 15, 2026, the Board approved the Draft 2026 State of Texas Low Income Housing Plan and Annual Report; and
WHEREAS public comment was received on the plan, for which the reasoned response is provided herein;
NOW, therefore, it is hereby
RESOLVED, that the 2026 State of Texas Low Income Housing Plan and Annual Report, in the form presented to this meeting, together with such grammatical and non-substantive technical corrections as staff may deem necessary or advisable, is approved.
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BACKGROUND
The Texas Department of Housing and Community Affairs (TDHCA or the Department) per Tex Gov’t Code §2306.072 is required to prepare and submit to the Board not later than March 18 of each year an annual report of the Department’s housing activities for the preceding year. This State of Texas Low Income Housing Plan and Annual Report (SLIHP) must be submitted annually to the Governor, Lieutenant Governor, Speaker of the House, and legislative oversight committee members not later than 30 days after the Board receives and approves the final SLIHP. The document offers a comprehensive reference on statewide housing needs, housing resources, and strategies for funding allocations. It reviews TDHCA's housing programs, current and future policies, resource allocation plans to meet state housing needs, and reports on performance during the preceding state fiscal year (September 1, 2024, through August 31, 2025). It should be noted that for many of the programs represented in the SLIHP, federal funding entities require program-specific planning documents; in those cases, the planning document for the program as submitted to the federal oversight agency is the governing plan.
At the Board meeting of January 15, 2026, the Board approved the release of a draft 2026 SLIHP for public comment. The public comment period for the SLIHP was held from Friday, January 16, 2026, through Monday, February 16, 2026. A public hearing was held on Tuesday, February 10, 2026. The Department received public comment on the draft 2026 SLIHP, and the response to that comment is provided herein.
The full text of the 2026 SLIHP may be viewed in the Governing Board Book for the March 6, 2026 Board meeting at the following location: TDHCA Board Meeting InSite page: <https://tdhca.legistar.com/Calendar.aspx>. The public may also receive a copy of the 2026 SLIHP by contacting the Department’s Housing Resource Center at (512) 475-3976.
Also, at the TDHCA Board meeting of January 15, 2026, the Board approved the proposed repeal and proposed new 10 TAC §1.23, concerning State of Texas Low Income Housing Plan and Annual Report, and directed its publication in the Texas Register for public comment. The public comment period for the proposed new 10 TAC §1.23, which is currently still open, is Monday, February 2, 2026, through Sunday, March 8, 2026. The Board action for adopting the rule will be presented to the Board at its April 2026 Board meeting.
Staff will make one addition to the SLIHP document prior to final submission to the Governor, Lt. Gov, Speaker, TDHCA’s oversight committee, and prior to posting on the TDHCA website; staff will add a link to the Housing Sponsor Report Power BI dashboard.
The Department received comments on the draft plan and report from three sources : Texas Housers, Disability Rights Texas, and Pure Justice. The specific comments are summarized below. This summary is also provided in Public Participation, Section 6 of the SLIHP.
Commentor: Texas Housers
Comment 1: Texas Housers requested that TDHCA add links to the Public Participation section that were previously included in the 2025 SLIHP. This includes links that were previously in the Participation in TDHCA Programs subsection as well as links to the TDHCA mailing list and public comment center.
Department Response 1: Staff has included the requested links, which were accidentally omitted from the 2026 draft SLIHP.
Comment 2: Texas Housers requested that TDHCA add text to the Housing Report section that briefly describes ABEST Performance Measures and includes a link to their location on TDHCA’s website.
Department Response 2: Staff has added the requested text and added a link to the location of the ABEST performance measures in the Progress in Meeting TDHCA Housing and Community Service Goals subsection of the Housing Report Section.
Comment 3: Texas Housers commented that TDHCA should look at other means of ensuring that the public knows that these resources are available and can easily access them.
Department Response 3: Staff believes that the program links provided in the SLIHP’s Action Plan section are an adequate source of information for the public. Outside of those links more information can be found on the TDHCA website which is located at <https://www.tdhca.texas.gov/>. The public is also able to access the Department’s Help for Texans tool to identify resources.
Comment 4: Texas Housers commented that TDHCA should present special populations data by race and ethnicity where possible.
Department Response 4: While staff understands the commenter’s request we believe that this would be outside of the SLIHP’s scope and that TDHCA has satisfied the requirements listed in Tex. Gov’t Code Sec. 2306.0721(c)(1) of the SLIHP statute which states, the SLIHP must include “an estimate and analysis of the housing needs of the following populations in each uniform state service region” while Sec. 2306.0721(c)(1)(B) includes “individuals with special needs” which is a term that is defined in Sec. 2306.511. The data used for this section is publicly available for further analysis by third parties. No changes will be made to the 2026 SLIHP in response to this comment.
Comment 5: Texas Housers commented that “TDHCA should report data on Texans with Housing Choice Vouchers (HCVs) in addition to Texans in public housing as a special needs population.”
Department Response 5: While staff appreciates the commenter’s request, Special Needs Populations are defined in Tex. Gov’t Code Sec. 2306.511. This definition does not include Housing Choice Voucher recipients as a special needs population. No change will be made to the 2026 SLIHP in response to this comment.
Comment 6: Texas Housers requested that in the Annual Housing Report section TDHCA distinguish which dollars are from federal sources and which are from state sources.
Department Response 6: Staff may consider incorporating this change in future SLIHP documents to distinguish between federal, state and non-federal/state funding. No change will be made to the 2026 SLIHP in response to this comment.
Comment 7: Texas Housers requested that TDHCA provide an analysis of tenants receiving government assistance to the full Housing Sponsor Report.
Department Response 7: Staff may consider incorporating an analysis of tenants receiving government assistance in future Housing Sponsor Report documents. No change will be made to the 2026 Housing Sponsor Report in response to this comment.
Comment 8: Texas Housers requested that TDHCA break down the government assistance data in the report to specify how many households receive each type of listed assistance in the Housing Sponsor Report.
Department Response 8: Staff may consider breaking down government assistance data by type in future Housing Sponsor Report documents. No change will be made to the 2026 Housing Sponsor Report in response to this comment.
Comment 9: Texas Housers requested that in the Housing Sponsor Report TDHCA provide additional detail on special needs populations served to clarify the relationship between the number of units that have been adapted for special needs and the actual special needs tenants.
Department Response 9: The Department does not keep track of units modified or adapted by a property to accommodate persons with disabilities outside of the 5/2 rule that requires 5% of units to be accessible to tenants with mobility impairments and 2% of units to be accessible to tenants with visual or auditory impairments. No change will be made to the 2026 Housing Sponsor Report in response to this comment.
Comment 10: Texas Housers requested that TDHCA add an analysis of cost burden at LIHTC properties by comparing tenant income to unit rent amounts in the Housing Sponsor Report.
Department Response 10: Staff may consider adding an analysis of cost burden at LIHTC properties in future Housing Sponsor Report documents. No change will be made to the 2026 Housing Sponsor Report in response to this comment.
Comment 11: Texas Housers requested that TDHCA note and link to the Housing Sponsor Report data dashboard in the SLIHP’s description of the Housing Sponsor Report.
Department Response 11: Staff will attempt to include a link to the Housing Sponsor Report data dashboard in the final published version of the 2026 SLIHP.
Comment 12: Texas Housers requested that TDHCA include additional specific and useful information to guide and encourage public involvement in Department decisions.
Department Response 12: A number of resources can be found on the TDHCA website that guide public involvement which is located at <https://www.tdhca.texas.gov/> and in particular on TDHCA’s calendar which can be found at <https://www.tdhca.texas.gov/calendar>. The Department continues to disseminate information through our listservs which can be joined at the following link also found on the TDHCA website: <http://maillist.tdhca.state.tx.us/list/area.html;jsessionid=316FFF372951456DBE9443102828E69C?lui=f9mu0g2g&mContainer=2&mOwner=G382s2w2r2p>.
Commentor: Disability Rights Texas
Comment 13: Disability Rights Texas requested that TDHCA include a list of relevant acronyms at the beginning of each section to help people understand the critical information included in the SLIHP.
Department Response 13: Staff recognizes that the SLIHP does contain a large number of acronyms and for this reason the SLIHP includes Appendix E which lists each acronym in the SLIHP. No change will be made to the 2026 SLIHP in response to this comment.
Comment 14: Disability Rights Texas notes several broken links in the document.
Department Response 14: Staff will ensure every link in the document is working prior to final publication of the Plan.
Comment 15: Disability Rights Texas requested that TDHCA provide more in-depth summaries of any information that readers are being directed to outside of the SLIHP to reduce reliance on external sources and ensure that everybody has equal access to information.
Department Response 15: Staff has expanded the summaries of several items linked outside of the SLIHP including data sources that are relevant to the Special Populations subsection in the Housing Analysis section. These can be found under Data Sources and Limitations on page 10 of the SLIHP.
Comment 16: Disability Rights Texas requested that TDHCA provide a more in-depth analysis of people with disabilities (mental, physical, and developmental) and analysis of the housing needs of people who are legally responsible for someone in the “individual with special needs” population to provide an accurate report and fulfill the requirements of §2306.511.
Department Response 16: Tex. Gov’t Code §2306.511 provides a definition of Individuals with Special Needs and does not provide specific requirements of the Department. Staff may include available data on persons with disabilities (mental, physical, and developmental) to the extent available in the 2027 SLIHP. Regarding caregiver demographic information the Department is not aware of any reliable source data that is regularly updated. DRTx referenced the Housing Pulse Survey; staff are aware of the Housing Pulse survey but this data source was discontinued in early 2025.
Comment 17: Disability Rights Texas requested that TDHCA collect data on household type as part of the “units constructed or adapted for special needs” in the Housing Sponsor Report to more accurately educate people and policies on the needs of households with special needs in Texas.
Department Response 17: All data in the HSR related to persons with special needs or disability is self-reported. Staff understands this can cause confusion when looking at individual data points where reporting errors by both individuals and the properties cause some results to be obscured. No change will be made to the 2026 Housing Sponsor Report in response to this comment.
Commentor: Pure Justice
Comment 18: Pure Justice encouraged TDHCA to collaborate more closely with local county agencies and gather feedback directly from stakeholders that work with those most impacted by low-income-housing issues and homelessness.
Department Response 18: TDHCA does seek input from stakeholders through notifying interested parties through the Department’s listserv of rules, plans and policies. No change will be made to the 2026 SLIHP in response to this comment.
Comment 19: Pure Justice requested that TDCHA strategically build and develop more housing units to avoid a housing crisis that would affect the state’s most vulnerable households: low-income elderly and young families. Pure Justice encouraged TDHCA to actively develop affordable and resilient units for this growing demographic.
Department Response 19: TDHCA is committed to increasing the supply of housing units and is strategically doing so through its many programs. No change will be made to the 2026 SLIHP in response to this comment.
Comment 20: Pure Justice requested the Department to implement new forward-thinking strategies that could prevent a foreseen avoidable housing crisis the final iteration of the SLIHP (or others) lays out a near-future strategy for addressing these impending obstacles.
Department Response 20: TDHCA is committed to avoiding a housing crisis and is actively deploying its resources to doing so through its many programs. No change will be made to the 2026 SLIHP in response to this comment.
Comment 21: Pure Justice suggested that a future study by their organization that examines what factors might be exacerbating youth homelessness specifically should then inform TDCHA’s policies and programs that serve homeless youth.
Department Response 21: The Department looks forward to receiving the study. No change will be made to the 2026 SLIHP in response to this comment.
Comment 22: Pure Justice requested the SLIHP’s scope of analysis must be widened to determine individuals currently in carceral facilities, especially those who are low-income and disabled.
Department Response 22: Staff believes this is outside the scope of the intended purpose of the SLIHP as a document; additionally the Department has no access to such data sources. No change will be made to the 2026 SLIHP in response to this comment.
Comment 23: Pure Justice noted a typo on pg. 43 of the 2026 SLIHP where 778.2 is shown instead of 78.2.
Department Response 23: Staff appreciates this correction and has corrected the typo.
Comment 24: Pure Justice suggested that TDHCA positively affirm fair housing for system-impacted people through specific policies - like including LIHTC incentives for landlords to rent to returning citizens, expanding eviction diversion for justice-involved households, or conducting fair housing testing at subsidized properties across each of the state’s service regions. Pure Justice encouraged TDHCA to take more comprehensive steps toward expanding housing access for tenants involved with the criminal-legal system as a part of its strategy to ensure affordable and safe housing for low-income Texans.
Department Response 24: The Department does take steps to assist or encourage system-impacted persons. The Department currently operates a Reentry Housing Program Pilot that provides rental assistance to individuals exiting justice involved settings. No change will be made to the 2026 SLIHP in response to this comment.
Comment 25: Pure Justice Requested that TDHCA have readily available answers to frequently asked questions (FAQs) about fair housing matters from tenant background screening software issues (AI-tool related and otherwise), retaliation from landlords and applicants’ privacy rights during lease application processes. Pure Justice also requests that there should also be an option for Texans to speak to a real staff member about these issues through the week.
Department Response 25: The Department is not a legal resource and cannot provide legal assistance to the public. The Department’s Housing Resource Center does distribute legal aid resources and other housing resources to members of the public that contact the Housing Resource Center by phone at 1-800-525-0657, by email at info@tdhca.texas.gov <file:///\\kangaroo\TDHCA\HRC\SLIHP\SLIHP%2026\4.%20Public%20Hearing%20&%20Comment\info@tdhca.texas.gov> or by mail at P.O. BOX 13941, Austin, TX 78711-3941. No change will be made to the 2026 SLIHP in response to this comment. TDHCA will consider posting a list of Frequently Asked Questions about fair housing matters for tenants.
Comment 26: Pure Justice requested additional details about the Reentry Task Force to reflect the status of TDCHA's current work to address barriers to housing access for justice-involved people and increase supply for these community members.
Department Response 26: The Reentry Task Force is supported by the Texas Department of Criminal Justice (TDCJ); questions related to work of the task force should be directed to TDCJ at 512-475-3250 or <https://www.tdcj.texas.gov/directory/index.html>. No change will be made to the 2026 SLIHP in response to this comment.
Attachment A - 2026 SLIHP, as presented to the Board on March 6, 2026.