Section 8 vouchers? Is it illegal to say no?

Question

The outcome of the lawsuit alleging discrimination may have wide reaching effect on landlords and property managers. If the courts rule in favor of the plaintiff's in this case, then landlords rights would be infringed upon. Just curious to hear the opinion of others.

https://www.inquirer.com/news/section-8-vouchers-affordable-housing-philly-tenants-landlords-public-interest-law-center-20190815.html

PJ M. · Answer

@Patti Robertson you're correct and in Philly source of income is a protected class.  It has been for well over a decade.  I'm shocked that a PM company would actually say that they don't take the vouchers.  It's pretty standard knowledge to do as @Greg M. mentions.  You find another reason to deny.  Actually, simply stating that the home has not been inspected for inclusion in the section 8 program is enough to let the potential tenant know that there's no chance to get into the property.  Section 8 here requires that the landlord attend a briefing and then a training class before being permitted to be part of the program.  After that's done they then can get the property inspected .  That process takes way too long.  If the tenant presses you simply add that you would be happy to look into what it takes to get into the program and getting the property inspected however you will rent to the first qualified applicant that can move in the soonest.  They understand that with that requirement, being in the program means they won't get accepted.  Couple that with a requirement that you don't process applications until the application fee is received and no one on the program is going to waste your time or their money.

Greg M. · Answer

These landlords are screwing up by denying based on source of income, which is illegal. They just need to make it clear that they do not participate in the S8 program.  I won't deny you because you have a S8 voucher, but I will not participate in the S8 program, I will not allow inspection by S8, and I will not fix any things in the unit that S8 would want fixed. However, if S8 wants to give you a voucher for my place knowing all that, I'll gladly accept it as payment.

As for landlord rights, what is that? We're scum. We have no rights. Haven't had any since the 1960's.

Patti Robertson · Answer

I hear so many landlords say this, but it makes no sense.  Landlords do not submit properties for inclusion into the SEC 8 program.  Rather, SEC 8 is called the Housing CHOICE Voucher because the tenant chooses the property. The inspection almost never happens until the landlord accepts the tenant, the landlord and tenant complete their portions of the required paperwork, and the Housing Authority and landlord agree on a rent amount.  Only when all that is done will the inspection be scheduled, and then it doesn't mean much. The inspection is just a snapshot in time for that one period that says on that day, when the inspector was there, the house passed inspection.

Some Housing Authorities are doing some pre-inspections, but they aren't common. One of our HAs is testing the program right now and they are hand selecting landlords and PMs who they know are experienced to test the system.  It could be a waste of time, because we may end up with a non-SEC 8 applicant first.  The benefit is that they will have two lists, one of properties already inspected, and one that haven't been.  The move in time should be within 2 weeks if the house has been pre-inspected.

All of my SEC 8 applicants pay an application fee, just like everyone else.

Originally posted by @PJ M.:

Actually, simply stating that the home has not been inspected for inclusion in the section 8 program is enough to let the potential tenant know that there's no chance to get into the property.

Dennis M. · Answer

I would put everybody on section if I could . I find it to work well

Michael Justice · Answer

@Dennis M. Gosection8. Com

Michael Justice · Answer

@John Thedford I don't understand why anyone would not want to gosection8. Co

Money in the bank, a list of renter's to choose from.

Patti Robertson · Answer

Wow - my last post was loud.  Not sure how I did that.  I wasn't yelling, promise! LOL!

Patti Robertson · Answer

@Greg M. - Source of income is not a protected class in all states.  It may be illegal in CA, but it is legal in VA. That said, I do take SEC 8 in any property they will give me market rent or better in. We accept the first qualified tenant who submits a complete application, regardless of the source of their rent.

Michael Lewis Lee · Answer

Hello Joseph!  You can say no as long as they are not discriminating.  Keep good written notes that you can refer to later.  I hope that it is an entity which protects your personal assets.  The law is sometimes made by the city or state besides not just Federal.  Know your activity may be challenged, especially on Section 8 tenants.  If it resulted from your screening it should not be discriminating in any part of it.  Good luck to you.

Section 8 vouchers? Is it illegal to say no?

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