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There’s A Battle Being Waged Over Section 8 Rules Housing Vouchers u0026 Income Based Discrimination

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There’s A Battle Being Waged Over Section 8 Rules, Vouchers & Discrimination
Source of income
Banning vouchers

The issue question is
Antidiscrimination ordinance, raises the question of whether the “source of income” clause is enforceable, since it conflicts with a state law that bars local municipalities from enforcing fair housing laws.

The Legal Perspective
State codes that prohibits local governments from expanding the state’s fair housing law, which does not bar discrimination against renters based on sources of income.

Housing Quality Standards inspections when a Section 8 tenant prepares to move into an apartment.

Central to the Argument of incomebased discrimnation
Housing Quality Standards inspections which is when Section 8 tenant prepares to move into an apartment.

They conduct a new inspection each year after or if there’s a complaint. The inspections aim to ensure safe and sanitary conditions, and evaluate apartments or rental homes based on 13 factors, like leadbased paint, smoke detectors, or water and air quality.

The Complaint 7 The LIE!
landlords reported waiting three months for an inspection after agreeing to rent to someone using Section 8 WHEN in fact the longest wait times were no more than eight days.

Regardless ofinspections shouldn’t be such a burden on landlords. Housing agencies to conduct inspections within five business days of someone selecting a home. If they don’t, a landlord can move on to find another tenant.

A neighborhood’s new antiSection 8 rules will push many Black residents out of a North Texas suburb.

Landlords in Texas don’t have to accept renters who receive federal housing assistance, but a Denton County community is taking it a big step further: making most of the town off limits to Section 8 tenants.

"'Source of income discrimination' refers to the practice of refusing to rent to a housing applicant because of that person's lawful form of income."

History
State and local laws prohibiting SOI discrimination began to appear in the 1970s, steadily spreading across the country, and increasing exponentially beginning in the mid2000s. (See A. Bell et al., “Prohibiting Discrimination Results,” Ctr. on Budget & Policy Priorities (Dec. 20, 2018).) In 2017, the American Bar Association adopted a resolution that “urges federal, state, local, tribal, and territorial governments to enact legislation prohibiting discrimination in housing on the basis of lawful source of income.” (American Bar Association, Resolution 119A (Aug. 2017).)

Can I refuse to rent to section 8

It's illegal under federal fair housing law to refuse to rent to someone on the basis of their race. In several states and large cities throughout the country, it's also illegal to turn someone away merely because they have a housing choice voucher.

Can landlords refuse housing benefit?
Can landlords do this? No, they can't. In September 2020, housing benefit discrimination was ruled unlawful in a landmark court ruling.
Do all apartment complexes have to accept Section 8?
No. A landlord is never required to accept a tenant's application, but many areas will require you to treat a Section 8 tenant's application with the same respect that you would treat any other application
Do owners have to accept Section 8?
California implemented new laws at the beginning of 2020 that require landlords to accept Section 8 or housing vouchers as an income source from applicants. Rental property owners cannot discriminate against an applicant or deny the application just because of a housing voucher.

Think Twice Before Turning Away Tenants With Section 8 Vouchers

Before you follow a policy of turning away prospects with Section 8 vouchers, you should first take a moment to find out whether what you're doing is legal.

What It Means to ‘Take Section 8'
When prospective tenants ask if you take Section 8, they want to know if you would accept part of their rent through the Housing Choice Voucher Program (still commonly known as the tenantbased Section 8 program). But just because a prospect asks such a question doesn't mean the answer is up to you. Before you respond, you should be sure of whether your state or local fair housing law bars you from turning away prospects for this reason.

posted by cmaferrarigy