Section 8 Discrimination: Can a Landlord Refuse Housing Vouchers?

Section 8 provides housing vouchers to low-income tenants to subsidize their rent. About half of states prohibit discrimination based on the renter’s source of income, including public assistance to pay rent. In these states, landlords cannot refuse to rent to qualifying renters who use housing vouchers and can pay the full rent. However, other states do not provide Section 8 housing protections, and landlords can refuse housing vouchers.

If a landlord denies your housing voucher and you suspect possible discrimination, talk to a local landlord-tenant attorney to find out if you have a housing discrimination claim.

What Are Section 8 Housing Vouchers?

Section 8 housing provides vouchers to low-income individuals to help them afford rent. The U.S. Department of Housing and Urban Development (HUD) funds Section 8 housing. Section 8 refers to the part of the Housing Act of 1937 that establishes the Housing Choice Voucher Program.

Tenants pay a portion of their income, usually 30%, and the local Public Housing Authority (PHA) covers the remainder, up to a maximum amount, with a housing voucher. When eligible low-income individuals, seniors, or people with disabilities get a housing voucher, they can find their own rental unit in the private rental market.

To qualify for a voucher, the local PHA inspects the rental property to make sure it meets federal housing standards. The tenant pays their portion of the rent and utilities, and the PHA pays the housing assistance payment directly to the landlord, for as long as the unit meets program requirements and the tenant remains eligible.

Despite the assurance of subsidized housing to cover a portion of the rent, some landlords do not want to rent to Section 8 tenants. Landlords may have to deal with delays related to inspections and government paperwork requirements.

Section 8 rent increases generally must be approved by the PHA, and the rent must remain reasonable under program rules. However, other landlords refuse to rent to tenants using Section 8 vouchers because of illegal discrimination.

In a Rental Dispute?

Whether you're a landlord or tenant, use the Super Lawyers directory to find a landlord-tenant lawyer who can answer your questions and defend your legal rights.

Find a lawyer today

Do Landlords Have To Accept a Section 8 Tenant?

The Fair Housing Act (FHA) prohibits housing discrimination based on protected characteristics, including familial status, national origin, and disability.

However, the FHA does not include a lawful source of income as a protected class. Instead, it is up to states or local laws to determine whether Section 8 renters have protections against source of income discrimination.

About half of states treat source of income as a protected class for housing; others do not. In states without fair housing laws for income sources, landlords can refuse Section 8 vouchers unless a local law provides otherwise. Some states even have prohibitions against municipalities passing Section 8 housing assistance protections.

In states with source of income protections, a landlord cannot discriminate based on the renter’s lawful source of income. Sources of income protection include Section 8 vouchers, Social Security income, disability benefits, or other governmental rental assistance.

In these states, a rental ad stating “no vouchers” or “no Section 8” is in violation of state rental housing discrimination laws. Tenants can report the landlord to the local housing authority and take legal action. Review your state and local landlord-tenant laws to find out if you have legal protections against income source housing discrimination.

Section 8 Income Source Protections: State by State Laws

When Can Landlords Deny Section 8 Renters?

Landlords must follow state and local fair housing laws, but that does not mean landlords can deny for any reason or have to accept every tenant. Landlord restrictions and requirements vary by state and local housing laws.

Denying Section 8 Renters in States Without Income Protections

Landlords in states and localities without source of income protections can deny Section 8 renters. However, they cannot violate other FHA housing protections under the pretense of a Section 8 denial.

For example, a landlord cannot say they are denying tenancy because of a voucher when they are actually refusing a person with a disability to avoid making reasonable accommodations.

Denying Section 8 Renters in States with Income Protections

In states with source of income protections, landlords do not have to accept every applicant with a Section 8 voucher.

A landlord may be unable to rent to a voucher holder if the requested rent is not approved by the PHA under program rules, for example, if it’s not reasonable, or it would require the tenant to pay more than the program allows.

Landlords can also deny an applicant based on other screening criteria unrelated to their source of income. For example, a landlord can reject an applicant because of poor credit history, failed background checks, negative references from prior landlords, multiple evictions, or misrepresentations on the rental application.

Tenant Options When Landlords Deny Section 8 Housing

If you live in an area with housing laws that prohibit source of income discrimination, and a landlord denied your application based on your Section 8 voucher, you should take action to protect your civil rights.

File a complaint with your local Public Housing Authority or fair housing agency. The housing agency should investigate the complaint and determine if the landlord violated state or local housing protection laws.

You can also take legal action and file a housing discrimination lawsuit in civil court. If you can show discrimination, a court can award remedies, such as an injunction, damages, and attorney fees. For help with a legal claim after facing Section 8 housing discrimination, contact a local landlord-tenant lawyer for legal advice.