can a landlord discriminate against section 8

Full Answer

Can a landlord discriminate against applicants with Section 8 vouchers?

As a landlord, you could face liability whether or not you must comply with a discrimination ban. So, after you learn whether your state or local fair housing law bars discrimination against applicants with Section 8 vouchers, follow some tips to avoid accusations. Don't feel you must take every applicant who has Section 8 vouchers.

Can a landlord refuse to rent to a section 8 tenant?

Landlords in these areas cannot legally refuse to rent to someone just because they use a Section 8 voucher to pay their rent. Landlords in these areas must initially offer one-year leases for Section 8 voucher tenants, and cannot charge Section 8 tenants a rental rate that exceeds the rate charged to a non-Section 8 tenant.

What is Section 8 housing discrimination?

(October 2015) Discrimination in awarding Section 8 housing describes alleged or confirmed cases of illegal [clarification needed] discrimination in the housing market of the United States of America, "Section 8" being a portion of a 1937 law that provides financial assistance for housing costs of several million low-income Americans.

What are some examples of housing discrimination laws in Chicago?

For example, Chicago's municipal code includes a housing discrimination ban based on source of income that includes applicants who have Section 8 vouchers.

What is housing discrimination examples?

Examples of housing discrimination include charging higher fees to potential renters with children, refusing to show immigrant applicants homes in certain areas, or offering to buy a home for less because of the race of the person selling the home.

Do landlords in Michigan have to accept Section 8?

Landlords are not legally required to accept Section 8 vouchers and may turn you down if you want to use vouchers. However, it is illegal for them to refuse to rent to you because you have a disability.

Do landlords have to accept Section 8 in Minnesota?

It is legal for them to refuse to accept vouchers. But it is illegal for a landlord to refuse to rent to you because you have a disability.

Do I have to accept Section 8 in Washington state?

No. You must still apply and show you can pay your share of the rent, be a good neighbor, and take care of the property. But a landlord cannot impose extra requirements just to keep out Section 8 applicants.

What is the most Section 8 will pay?

Section 8 has been helping low-income families, the elderly, and the disabled since the 1970s. If you qualify for a voucher, you won't pay more than 40% of your monthly income on rent. The rest will be covered by the government.

Is Michigan a landlord friendly state?

Michigan is generally considered a landlord-friendly state since there aren't many regulations regarding rent control policies, late fees, or grace periods. However, due to the high amount of renters in the state, Michigan can also be considered a great place for tenants to find a place to live without too many issues.

Can a landlord refuse housing benefit?

What if a landlord does not accept tenants on benefits? Letting agents cannot say it's the landlord's choice to refuse tenants on benefits. Agents must not take instructions to discriminate when renting out properties.

What are the characteristics of housing discrimination?

It is illegal discrimination to take any of the following actions because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin: Refuse to rent or sell housing. Refuse to negotiate for housing. Otherwise make housing unavailable.

What is the income limit for Section 8 in MN?

2020 Income Limits (Minneapolis-St. Paul-Bloomington, MN)Income/Category1 Person8 PersonExtremely Low Income$21,700$44,120Very Low Income$36,200$68,250Low Income$54,950$103,650Jun 14, 2019

How does Section 8 work for landlords in Washington State?

Voucher tenants pay 30-40% of their income to rent and the housing authority pays the difference, up to a specific payment standard, directly to the landlord. Landlords sign a contract with the housing authority, and tenants have a lease directly with the landlord.

What is considered landlord harassment in Washington State?

Verbally or Physically Threatening a Tenant Verbal threats, threats of physical violence, or actual physical contact are all examples of landlord harassment.

What are the requirements for Section 8 in Washington State?

You must be homeless, live in substandard-condition housing, pay more than 50 percent of your household income on rent and utilities, or have household income at or below 30 percent of AMI for your family size (see chart above).

Can a landlord refuse to rent to someone on benefits?

What if a landlord does not accept tenants on benefits? Letting agents cannot say it's the landlord's choice to refuse tenants on benefits. Agents must not take instructions to discriminate when renting out properties.

How does Section 8 work in Michigan?

Michigan Section 8 participants can choose any housing unit that meets housing quality standards set by HUD. You can also continue to stay in your present house if it meets HUD's quality standards. Whether you choose an apartment or a single-family unit, it must have a living room, a kitchen, and a bathroom.

What makes a Section 8 valid?

Your section 8 notice will only be valid if you've got an assured or assured shorthold tenancy. You can check what type of tenancy you have on Shelter's website. Your landlord has to give you a reason for giving you a section 8 notice.

What is the income limit for Section 8 housing in Michigan?

This guide discusses the eligibility requirements for Section 8 in Michigan and how to apply to the program as a tenant or landlord....Section 8 Income Thresholds in Michigan's Major Cities.Metro areaJacksonSingle person$22,700Two-person household$25,950Four-person household$32,40010 more columns•Jun 27, 2022

Is Section 8 discrimination unjust?

Housing advocates are currently working to change the laws so that all renters in the state are protected from discrimination based on source of income or Section 8 voucher status. The Tenants Union of Washington believe that discrimination against Section 8 voucher holders is unjust and that discrimination protection for Section 8 voucher tenants is essential for all tenants in the state. See Housing Access Project for more information.

Is it illegal to rent to someone with a Section 8 voucher?

In the City of Seattle, unincorporated King County, Bellevue, and Redmond it is illegal for landlords to discriminate against someone because of their status as a Section 8 voucher holder. Landlords in these areas cannot legally refuse to rent to someone just because they use a Section 8 voucher to pay their rent. Landlords in these areas must initially offer one-year leases for Section 8 voucher tenants, and cannot charge Section 8 tenants a rental rate that exceeds the rate charged to a non-Section 8 tenant. However, landlords do not have to lower their standard market rental rates to make the unit reasonably affordable to Section 8 voucher tenants. Civil rights agencies enforce these laws. Find out more information at the Seattle Office for Civil Rights, King County Office of Civil Rights, and the City of Bellevue Development Services Department. The City of Redmond recently passed an ordinance requiring Section 8 protections. They are working on developing an enforcement mechanism, which will likely have their Code Enforcement Dept. following up on tenant complaints.

What are some examples of housing discrimination?

Housing discrimination can take many forms. Here are some examples of housing discrimination. Discrimination Isn’t Always Obvious – Example #1: John, who is a Black man, speaks to a prospective landlord on the phone about leasing an apartment. On the phone, the landlord seems eager to rent to John, but when John meets with ...

Why was John denied an apartment?

John suspects that the real reason he was denied the apartment was because he is Black, so John files a complaint with HUD.

Why did John file a complaint with HUD?

John files a complaint with HUD because steering someone to a certain neighborhood because of his race is a form of race discrimination. Harassment Is A Form Of Discrimination: Learn more about harassment here. Jane has a Housing Choice Voucher (Section 8), but one month she falls behind on her portion of the rent.

What happens when John arrives at the apartment?

When John arrives, he finds there are no accessible parking spaces in the building’s parking lot. When John tries to enter the unit, his wheelchair can barely fit through the door and he bangs his arms on the way in. Inside the unit, the thermostat and light switches are all too high for him to reach.

Does Jane have a housing voucher?

Jane has a Housing Choice Voucher (Section 8), but one month she falls behind on her portion of the rent. When Jane asks her landlord if he will give her a few more days, her landlord says yes but only if she will go out with him. Feeling she has no choice, Jane says yes.

What to do if you are not consistent with Section 8?

If you're not consistent, you might invite claims that you're discriminating based on other protected classes.

How to check if you have Section 8?

Search online (start by checking the "State Information" section of the HUD website) and contact your local fair housing agency to see if the law protects prospects and tenants based on the fact they have Section 8 vouchers. (If you own multiple properties in different states, counties, or towns, be sure to check the law for each location.) If you learn that state and local laws don't ban this type of discrimination, then it's up to you to decide whether to accept applicants with Section 8 vouchers.

Is Nolo fair housing?

The Rental Applications section of Nolo.com includes several useful articles on how to stay on the right side of fair housing laws when choosing tenants. Also, check out Every Landlord's Legal Guide, by Marcia Stewart, Janet Portman, and Ann O'Connell (Nolo) for detailed advice on housing discrimination and how to avoid fair housing lawsuits.

Can you discriminate based on other protected classes?

Don't discriminate based on other protected classes. In the absence of a ban, you simply need to decide whether you will accept applicants who have Section 8 vouchers. Landlords who go a step further and tie their Section 8 policy to a protected class risk discrimination complaints. For example, choosing to accept Section 8 applicants as long as they're white would violate the FHA's ban on racial discrimination.

Can you steer Section 8 applicants?

Don't steer Section 8 applicants. Deciding to accept Section 8 applica nts but only rent apartments to them in certain floors or areas of your building is still illegal because it involves "steering," which limits applicants' housing choices. Following such a policy also means you would have to start turning away applicants once there were no longer any vacancies in the designated area of your building, even if you had vacancies elsewhere.

Can you steer Section 8?

Don't steer Section 8 applicants. Deciding to accept Section 8 applicants but only rent apartments to them in certain floors or areas of your building is still illegal because it involves "steering," which limits applicants' housing choices.

Can you make Section 8 harder?

Don't make screening harder for Section 8 applicants. When you apply more stringent screening requirements to applicants with Section 8 vouchers, you're making it more difficult for such applicants to find housing, which would violate a state or local discrimination ban. Don't steer Section 8 applicants.

N.H. lets landlords discriminate against renters using government vouchers. A new bill would change that

A group of Democratic lawmakers want to make it illegal for New Hampshire landlords to discriminate against tenants participating in the Housing Choice Voucher program, which is also commonly known as Section 8.

N.H. Is The Only State in New England That Doesn't Ban Source of Income Discrimination

Source of income discrimination is illegal in 20 states, though some laws don't fully cover discrimination against people using housing vouchers or have been otherwise weakened by the courts, according to the Poverty and Race Research Action Council.

What is Section 8 housing?

Section 8 is a common name for the Housing Choice Voucher Program, funded by the federal agency , which guarantees up to 70 percent of a tenant's rent. "As the county continues to grow, we have to ensure that renters are not priced out of the market based on their income status," Overman said.

What county ordinance prevents landlords from discriminating against tenants based on income?

Over the objections of landlords and real estate brokers, the Hillsborough County Commission approved an ordinance that will prevent landlords from discriminating against tenants based on income. (Shutterstock)

What did Andrew Dougill say about the ordinance?

He said it will force small landlords out of business, reducing the amount of rental property in the county.

Why did the Overman ordinance come into effect?

Overman said she introduced the ordinance in response to many low-income families being turned away from rental properties because they receive rent subsidies from the U.S. Department of Housing and Urban Development.

Does the federal government have vouchers for renters?

While Commissioner Mariella Smith said she understands there's red tape some landlords prefer not to deal with it, "We have a crisis of affordable housing in our community" and the federal government has stepped up with vouchers to help people pay their rent.

Can you refuse to rent to veterans?

Overman added the ordinance doesn't require landlords to participate in the federal housing program. She said it simply says they can't refuse to rent to someone who receives rental subsidies, including veterans who receive help through the Veterans Administration or a family receiving coronavirus relief funds.

Do landlords have to accept Section 8 vouchers?

The requirement for landlords to accept Section 8 vouchers would be "an administrative and regulatory burden for these landlords," he said. Steven Nystrom, who owns 13 rental units, said the ordinance will put small business owners at a disadvantage.

When renting to households, landlords must consider all incomes combined, unless the landlord requires all other married tenants to?

When renting to households, landlords must consider all incomes combined, unless the landlord requires all other married tenants to each qualify individually. Landlords can ask about the source of income as long as the landlord does not discriminate.

Why do landlords need to modify rental applications?

Landlords may need to modify rental applications to provide for the contingency of income from government assistance. Application questions that appear to favor employment income or discourage applicants who receive assistance may be viewed as discriminatory.

What is HUD soliciting?

In a related story, HUD is soliciting suggestions from community members on how to make affordable housing less burdensome for housing providers. For more, visit HUD.

Can you reject a rental in California?

Under California’s new rules, tenants still can be rejected if they lack other qualifications such as sufficient income or good rental history. However, any income to rent ratio requirements must be applied to the tenant’s portion of the rent. For instance, on a $1,000 per month rental, if the voucher is for $700, an income ratio of three times rent is $900 per month, not $3,000.

Does California allow Section 8 vouchers?

California Landlords Must Accept Section 8 Vouchers. by Chris on January 13, 2020. California is among at least 15 other states and over 100 cities that have passed prohibitions against source of income discrimination. This month, California broadens its rules to include rental applicants using Section 8 vouchers.

Can landlords accept government vouchers?

The move is not without controversy, as many landlords are fearful of the ramifications of accepting government vouchers. Landlords may be required to facilitate a property inspection, which can result in action items, and alter lease agreements to meet rules for federal assistance.

Is source of income a protected class?

However, it may only be a matter of time before source of income is viewed as a protected class across the country. Because so many voucher holders are minorities or suffer disabilities, a stated ban on accepting government assistance or a practice of doing so already may violate the Fair Housing Act.

What happens if a landlord fails to make required improvements?

If a landlord fails to make required improvements, the local housing agency can stop issuing payments. That makes sense on some level—the government shouldn’t pay landlords for unsafe units. But it often leaves voucher recipients in the lurch. That’s what happened to Shanna and Lavi Lee in November.

Why are landlords reluctant to give vouchers?

Landlords’ reluctance stems in part from stereotypes of voucher recipients as lazy, says A. Fulton Meachem Jr., who heads Charlotte’s public-housing agency. “That’s so far from the truth,” Meachem says. “These are families that are working every single day that can’t help the fact that it takes two or three or four jobs in order to afford to live in the city.”

What percentage of housing voucher recipients are black?

When at least 48% of Housing Choice Voucher recipients are black and 18% are Hispanic, refusing to take vouchers “can be a mask for racial discrimination,” says Senator Tim Kaine, a Virginia Democrat. He imitates landlords’ argument: “‘Oh, no, we’re not discriminating based on race.

Why do voucher holders wait weeks to sign leases?

While typical tenants sign leases and submit their first month’s rent within days, voucher holders in some cities can wait weeks for local housing agencies to verify ownership of the property, create accounts and complete safety inspections.

How much does HUD allocate to housing?

The U.S. Department of Housing and Urban Development (HUD) allocates more than $20 billion each year to local housing agencies. But that’s not enough to provide vouchers to all who need them. The Urban Institute estimates 25.7 million households are eligible for housing assistance.

What was the National Housing Act of 1934?

The 1934 National Housing Act, for example, transformed the housing market by offering federally backed mortgages. But families of color were denied access; appraisers were warned to consider how “socially or racially inharmonious groups” in predominantly white neighborhoods would affect neighborhood appeal.

Does Latrobe accept Section 8?

“Unfortunately we do not accept Section 8,” the text read, according to a screenshot viewed by TIME. Latrobe’s website repeated the message: “We do not accept housing vouchers at this community.”

Overview

Effects of discrimination

Title VIII of the Civil Rights Act of 1968, also known as the Fair Housing Act (FHA), bars discrimination against any person in the terms, conditions, or privileges of sale or rental of a dwelling because of race. By passing the FHA, Congress intended to promote racial integration as well as nondiscrimination as national goals. However, despite the passage of the FHA, scholars argue that pervasive racial discrimination and segregation exist within the public housing syste…

Background

Examples of discrimination

Disparate impact claims

See also