Does My Property Have to Accept a Section 8 Voucher?
This question comes up every once in a while. Do conventional apartment communities have to accept Section 8 housing vouchers? While I would prefer to use this blog and answer questions with a "yes" or a "no" -- sometimes I just cannot. Like with this question. The answer is: it depends. "Source of income" is not a protected class included in the federal Fair Housing Act.
Specifically, the answer depends on if your community is located in a state, city, or county that has included "source of income" as a protected class. If the answer is yes, then you must consider the amount of the Section 8 voucher when processing the applicant. If you are in one of these jurisdictions, I also recommend you do not have a line such as "no Section 8" in your advertising materials. If, however, your state, city, or county does not include "source of income" as a protected class, then management gets to decide if you wish to accept the voucher. There are reasons some properties accept vouchers and others which do not.
If you do not know if your property is in a "source of income" jurisdiction, you might want to reach out to your fair housing defense lawyer to find out. And then ensure your policies conform to the law.
Just a Thought.
