The Section 8 Housing Choice Voucher Program is a government-subsidized program that helps low-income individuals and families afford safe and decent housing. Landlords who participate in this program receive rental payments directly from the government on behalf of the tenants. However, some landlords may choose to discriminate against Section 8 voucher holders. But is this legal? Can a landlord discriminate against Section 8?
Answer:
No, it is illegal for a landlord to discriminate against a potential tenant solely because they receive Section 8 assistance. The Fair Housing Act prohibits discrimination based on a tenant’s source of income, including Section 8 vouchers. Landlords who refuse to rent to Section 8 voucher holders solely because of their participation in the program can face legal consequences.
What are some common ways landlords discriminate against Section 8 voucher holders?
Some landlords may refuse to accept Section 8 vouchers, set higher income requirements for voucher holders, or only show certain properties to non-voucher holders, effectively discriminating against Section 8 tenants.
Can a landlord refuse to rent to a Section 8 voucher holder?
While landlords have the right to screen tenants for suitability, they cannot refuse to rent to someone simply because they receive Section 8 assistance. Doing so would be considered discrimination under the Fair Housing Act.
Can a landlord charge higher rent to Section 8 voucher holders?
No, landlords cannot charge Section 8 voucher holders higher rent than non-voucher holders. The rent amount must comply with the Housing Authority’s established payment standards.
Are there any benefits for landlords who accept Section 8 vouchers?
Yes, accepting Section 8 vouchers can guarantee a steady rental income as the government directly pays a portion of the rent on behalf of the tenant. It also opens up a larger pool of potential tenants.
What should a tenant do if they believe a landlord is discriminating against them because of their Section 8 voucher?
Tenants who believe they are facing discrimination based on their Section 8 status should contact the Department of Housing and Urban Development (HUD) or a local fair housing agency to file a complaint.
Can a landlord require additional screening for Section 8 voucher holders?
Landlords can require the same screening process for Section 8 voucher holders as they do for non-voucher holders, such as credit and background checks. However, they cannot impose additional screening criteria solely based on their Section 8 status.
Can a landlord refuse to renew a lease for a Section 8 tenant?
Landlords have the right to choose not to renew a lease for legitimate reasons, such as non-payment of rent or lease violations. However, they cannot refuse to renew a lease solely because the tenant receives Section 8 assistance.
Do all rental properties have to accept Section 8 vouchers?
No, landlords are not required to accept Section 8 vouchers. Participation in the program is voluntary. However, landlords who choose to accept vouchers must abide by the Fair Housing Act.
Can a landlord ask for a larger security deposit from Section 8 voucher holders?
Landlords can request a security deposit from Section 8 voucher holders, but the amount must be reasonable and cannot be discriminatory. Any security deposit policies must apply equally to all tenants.
Can a landlord terminate a lease early if a tenant starts receiving Section 8 assistance?
Landlords cannot terminate a lease early solely because a tenant begins receiving Section 8 assistance. Doing so would be considered discrimination. The terms of the lease agreement must be followed unless there are valid reasons for termination.
Can a landlord advertise that they do not accept Section 8 vouchers?
While landlords are not legally required to accept Section 8 vouchers, it is against the Fair Housing Act to explicitly advertise that they do not accept Section 8 vouchers. Such advertisements could be seen as discriminatory.