FREQUENTLY ASKED QUESTIONS
Q:
A:
What are some examples of practices that are prohibited?
A housing provider cannot take the following actions based only on a person’s source of income, or the housing assistance that person receives (partial listing):
- Advertise or state a preference for tenants with certain sources of income.
- Refuse an application from a prospective tenant, charge a higher deposit or rent, or treat theprospective tenant or tenant differently in any other way because the prospective tenant or tenantuses a Section 8 voucher or other housing subsidy.
- Refuse to enter into or renew a lease because the tenant will use a Section 8 housing voucher orother housing subsidy.
- Interrupt or terminate any tenancy because the tenant is using or plans to use a Section 8 voucheror other housing subsidy.
- Falsely represent that a rental unit is not available for tenancy because the prospective tenant willbe using a Section 8 housing voucher or other housing subsidy.
- Require any clause, condition or restriction in the terms of an agreement solely because thetenant will use a Section 8 voucher (with the exception of those required by a particular subsidyprogram).
- Restrict a tenant’s access to facilities or services at the rental property (such as a pool or fitnesscenter) or refuse repairs or improvements to the property associated with the tenancy, because ofthe use of a Section 8 housing voucher or other subsidy.
Q:
A:
Can housing providers indicate in a notice or advertisement, “I do not accept Section 8 Housing Choice Voucher Rental Assistance”?
No. Beginning January 1, 2020 it is unlawful to make, print, publish, advertise, or disseminate in anyway, a notice, statement or advertisement that indicates that a tenant will be declined because their source of income includes a Section 8 voucher subsidy.
Q:
A:
Are housing providers prohibited from screening applicants with housing subsidyassistance based on other factors?
No. While housing providers cannot decline a tenant, or treat a prospective tenant differently than other applicants, based only on the applicant’s receipt of housing assistance, housing providers still have the right to screen all applicants according to their lawful tenant screening criteria. All fair housing laws still apply, ensuring that tenant selection is never based upon race, color, national origin, religion, sex, familial status, disability, age, ancestry, sexual orientation, gender identity, gender expression, genetic information, marital status, military and veteran status, citizenship status,* primary language,* or immigration status.*
Q:
A:
Can a housing provider still screen for income eligibility to ensure an applicant will be able to pay their rent?
Yes. However, housing providers must consider all legal verifiable sources of income for an applicantor resident. Any money that will be paid by a household must be included as part of the applicant’s or resident’s annual income when determining whether their income meets the requirements for the rent amount or other financial standard. This means that the housing provider must consider the total income of persons residing together or proposing to reside together on the same basis as the total income of married persons residing together or proposing to reside together.