Can you refuse to rent to Section 8?

Question

When advertising for rent, I get people here and there that ask if I accept tenants that receive Section 8 assistance, am I even able to say no? I guess you could say no on the basis that property isn't section 8 approved..?

I'm in a suburb outside of Buffalo NY

Cathie Kovacs · Answer

I once ignorantly made the statement “I’m sorry, I don’t take Section 8” (because I had never been inspected or approved). That comment cost me $10,000. She originally asked for $65k!

You cannot refuse anyone with a lawful form of income. Let them see the unit. Give them an application. Let your unit fail the Section 8 inspection, if that’s what’s going to happen, but do NOT say that you won’t take Section 8.

Mike Cumbie · Answer

Hi @John W.

I would not refuse anyone housing for any lawful source of income. That being said if your property is not approved for the "Section 8 housing choice voucher" then it is not approved. It may be beneficial to try and get the approval but it is not a requirement.

Not legal advice, just the mindless ramblings of some dolt on the internet.

Good Luck!

Thomas S. · Answer

Yes, you can say no but all you need to say is you are not S8 approved.

Thomas S. · Answer

@Bjorn Ahlblad

We are also not allow to reject based on income source, we do not have government inspections, rent is not guaranteed and legally we can not collect from them in court. Many of the reasons why landlords in our area are irresponsible for renting to anyone on government assistance.

As like Bjorn I have no problem eliminating all welfare applicants through my normal screening standards. Minimum credit score requirements being almost 100% guaranteed to result in rejection.

Alisa O. · Answer

By law you are not allowed to discriminate based on the SOURCE of the applicants’ income. However, you are allowed to “discriminate “ based on the AMOUNT of income.

I have Section 8 tenants whom I “inherited” with a purchase of the properties and non-Section 8 tenants whom I placed my self. Even though a few tenants are non indicative of a whole population, my particular tenants in my particular properties in my particular situation require more work and oversight and involvement compared to non-Section 8 tenants. Even though I pass inspection, it is time out of my day to deal with the inspectors who have to justify their jobs with stupid citations that they previously passed.  And they love to waste your time! Some of the criteria they have is absolutely ridiculous ( 2 in long crack - not a break!!- in the corner of the ceiling tile in the dark corner of the laundry room behind a column- they required me to fix it or I won’t get the rent pmt. How she even saw that I don’t know! I told her to get the hell out of there and got management involved).

I raised my monthly income criteria and collect first, last and security UPFRONT  to select the best applicant. They also pay for the background fee- non-refundable and not part of the Security deposit. In my particular situation in my particular properties that I currently own Section 8 doesn’t work. Plus, where I can, I pass the snow removal and grass moving onto the tenants with their lawn movers (you can be liable for malfunctioning of your lawn mover and they will own everything you own). You are legally allowed to “discriminate” financially  (select the best applicant without discriminating protected classes- sex, familial status, race.. etc- financial standing is not one of them).

If you say that your property won’t pass an inspection, a “professional tenant” might file a complaint against you saying that you are not even giving them a chance, hence discrimination, hence you are paying for your ESQ, while they enjoy the free legal service on your tax dollar. But don’t let me go there, sensitive subject.

Good luck.

John W. · Answer

Haha I would expect no less from WNY!

Mike Cumbie · Answer

@John W.

As a side note.... Snow..... seriously...... Snow???

Wife is not happy her HEMI is sitting in the garage and now she has to wait longer.... You know what they say about a happy wife........

John W. · Answer

She hasn't been pursuing the property but either way I don't care what it's considered, nobody is renting one of my properties with a swastika tattooed on their forehead.

Can you refuse to rent to Section 8?

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