Landlord Question and Answer Forum

In CA "Source of Income" is a protected class and discriminating against persons who are Section 8 voucher holders is covered by this. Would it be a violation of fair housing to give preference to applicants with Section 8 being that the preference is based on a protected class?

I believe there was a case regarding a landlord who advertised "No Section 8" in his ads for his rental unit. I believe as long as you use the same criteria for ALL applicants, you should be ok. Landlords are not allowed to discriminate based on race, creed or national origin. In other words, landlords are required to comply with fair housing laws. However, in most states, landlords are not required to accept Section 8 tenants. In Maryland, Connecticut and Massachusetts, landlords cannot refuse new Section 8 tenants or existing Section 8 tenants simply because the tenant participates in the Housing Choice Voucher program. New Jersey now forbids landlords from refusing Section 8 vouchers from existing tenants. I am not sure about California but I believe it is probably similar. Therefore, you cannot refuse Section 8 candidates simply because they are Section 8. I would contact your local HUD office though and have them explain in detail to be sure.

Posted by Millie S, BC on Tuesday, January 15, 2013

Thank you. I don't want to refuse Section 8, I want to give preference to persons who have Section 8.

Posted by L S, CA on Tuesday, January 15, 2013

Wonder what happened to this original post?........Sec 8 applicants are to be treated the same as non-sec 8. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

Posted by Bob R, CA on Tuesday, January 15, 2013

If you want to just have Sec 8, contact your local HUD and advertise with just them. This can be done on-line by you, pictures and all. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

Posted by Bob R, CA on Tuesday, January 15, 2013

You may use the words "not approved for Sec 8." And believe me, you never want to be approved for Sec 8. These tenants are sure money losers.

Posted by Marcello M, TX on Sunday, March 3, 2013

Of 11 apartments in my complex, only one has been OKed as Section 8. Does this mean I would have to rent to anyone with a voucher on the other 10? Or would I have to go to HUD first and have them check out the rental prior?

Posted by Sheila B, FL on Thursday, August 29, 2013