Am I required to accept Section 8 tenants?

Question

I’m in Portland, OR, where from what I understand, doesn’t allow landlords to reject section 8 tenants solely due to their affiliation with the program. Does anyone know the details? Can landlords decide not to do business with section 8?

Colleen F. · Answer

@Dustin Le Some states let you reject section 8 but not Oregon. If you rent is above the FMV HUD lists in their database tell prospective tenants when they call. They are free to come to open houses, apply but usually if they know rent is above FMV per HUD they won't.  You can reject people if they don't meet other criteria, cannot provide timely deposits, or take occupancy when its available just like you can other tenants.

@Bjorn Ahlblad I don't understand how source of income doesn't work both ways.  How can you not accept working people and only do section 8 if  source of income is a protected class?  Just seems weird. yet I do see section 8 only sometimes.

Bill B. · Answer

If your rent above what they will pay? That would be an easy way. Depending on your property type and location they may be ideal tenants.

Cari Sweet · Answer

In Oregon you have to accept all legal forms of income (section 8 included). In the City of Portland, you can only screen a tenant based on the portion of rent that they would be responsible to pay. So, if you have $1,000 rent rate, and their Sec 8 voucher is for $800, you can only screen the tenant against owing $200 rent per month. You can find more (including free landlord classes that are super helpful) on the City of Portland's Rental Services Office: https://www.portland.gov/phb/rental-services

Colleen F. · Answer

@Bjorn Ahlblad  You said some LL will only rent to Section 8 my point was if "source of income" is a protected class under Fair Housing how can anyone limit their rentals to section 8. That is discriminatory too because you say they have to have section 8 as a source of income.  Probably no one has ever received a violation for that in their advertising or practice. It strikes me as bizarre you can do that.

Jeff S. · Answer

@Dustin Le in Portland you need to be very careful. You need to have good reasons to reject anybody. Best bet first come first serve. Better a bad tenant than a discrimination lawsuit in Portland. Want an attorney to fight that one for you be prepared to write a check for 100k for starters.

Patti Robertson · Answer

@Richard F. - They actually can.  In 50%ish of the states there is state or local laws that require all or some landlords to accept vouchers.  In Virginia. any landlord who owns at least 10% of more than 4 units, regardless if they are in different LLCs, may not use "source of income" as a determining factor for tenant selection. VA, and many states has make "source of income" a protected class under Fair Housing.  This doesn't mean that you can't use all your other criteria for tenant selection.

Bjorn Ahlblad · Answer

@Colleen F. Not sure I follow. In Wa where we are, you can't reject sec 8. Money is money whether check, or sec 8. The applicant can be rejected for other reasons however, but it can be tricky. I hear Oregon is even more applicant friendly. I am not all that knowledgeable and have no personal experience with the program.

Bjorn Ahlblad · Answer

A LL cannot arbitrarily say 'no Sec 8' anywhere, from what understand. Some LL will only rent to Sec 8. You need to do some research on your own and decide what is right for you.

Russell Brazil · Answer

Source of income is a protected class in Portland, OR. So no, their status as using section 8 can not be used in deciding whether to rent to them or not.

Am I required to accept Section 8 tenants?

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