Alpha, NJ · Member since 2019 · 35 posts · 15 votes
6y
@Charlie Moore Interesting question. I’d assume that would technically be discrimination based on income, I could totally be wrong, maybe you’ll get an award for descriminating against those NOT living on government subsidies... I’d think you could set your income criteria for renting high (4 or 5 times monthly rent) to have a reason to disqualify or deter non sec. 8 tenants.
Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
6y
I don’t believe there is any state that would not allow this. Source of income in general is not a “protected class”. In some states, it is considered illegal to not accept subsidized sources of income, but in no state is it considered illegal to not accept sources of earned income, to the best of my knowledge. Gosection8.com is the best place to advertise this. And put a sign out front saying FOR RENT - SEC 8! Most SEC 8 tenants stick close to where their family members live, and a sign in the yard will get results. NOTE - If you are worried that this will target it for vandalism, the people in that neighborhood already know your house is vacant. ;)
Developer · New Brunswick, NJ · Member since 2015 · 1k+ posts · 2k+ votes
6y
I don't know DC that well, but I believe "income" is seen as a protected class (check with an attorney or just use a search engine). So no, you likely cannot do that.
Investor · Richmond, VA · Member since 2016 · 1k+ posts · 2k+ votes
6y
Just put the first line "Section 8 Welcome!" and people can figure it out.
If it's priced higher than market, that will also make it very obvious! Check your state laws, but I wouldn't put anything about who you discourage, but you can put who you are encouraging, at least I see it all that time in VA!
Developer · . · Member since 2014 · 520 posts · 162 votes
6y
@Charlie Moore it is beyond illegal to discriminate either way. Contact DC housing they have a lease up day once a month where landlords and tenants meet and sign leases on the spot. Good luck.
Real Estate Agent · Oklahoma City, OK · Member since 2019 · 956 posts · 600 votes
6y
@Charlie Moore Curious why? In OKC you can charge higher than market rents to section 8 tenants but it has to be marketed at that rate. So we may market at $950 a month when average market rents for the area are $850, knowing that the gov will pay that rate. However, if a non section 8 person applies at $950, why not lease to them? Maybe you're working another strategy though!
I would not be writing that on anything. Take "Only Section 8" and replace it with "Only African Americans", "Only Christians", "Only (insert protected class)". The FAIR in fair housing is meant to make it equal across the board, period. If your company policies/practices, simply have you getting a property prepped and rented to the best available tenant you will be fine. If you are trying to secretly discriminate in some manner it will come back at some point. I would encourage all landlords to be prepared to accept a Section 8 candidate if they apply for the rental by having all their necessary paperwork ready. I would never encourage anyone to throw out 80% of the rest of the available renters.
Personally from a business perspective I would like to have every single person in the area fighting for my product, not refusing to sell it to a majority of the population. Good Luck in whatever you decide.
Is it illegal to NOT let anyone else apply to the home, if they do not have the SEC 8 VOUCHER?
Sounds a bit sketchy with all these discrimination laws. Now, If you post it online saying your Section 8 friendly or accept section 8 vouchers you should be flooded with leads to choose from. Good luck!!
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Chicago, IL · Member since 2018 · 546 posts · 227 votes
6y
At the end of the day if you're violating FHA law, then yes. Technically this is a form of discrimination (by alienating other groups -- I think Peter has a point about "income" being a protected class in DC; but don't quote me on that). Having said that, it is easy for people to see the downsides to renting to Sec. 8 but there are some pros there (I know there are a lot of stigmas attached to renting to individuals who hold Section 8 housing vouchers; it is easier to think through the cons - however, some of the pros might be that you open up the property to a bigger pool of potential applicants. In many instances a large portion of the rent is almost guaranteed to hit your pocket each month - again, this may not cover the full amount but they are consistent payments coming in (paid by the government). Typically the tenants are already prescreened and you're much more likely to have a lower vacancy rate. However, there's always a certain level of risk that you take in accepting Section 8 vouchers and for you, you need to decide how you'd like to proceed - I know a portion of the rent is guaranteed, which is great, but I also wonder if the portion that the tenant is responsible for is considered riskier when compared to non-section 8 tenant candidates). Either way, interested to learn which path you take! Best of luck! @Charlie Moore
Rental Property Investor · Oakland, CA · Member since 2014 · 730 posts · 1k+ votes
6y
@Mike Cumbie the Fair Housing laws are not intended to make it fair across the board. It was designed to stop discrimination against protected classes.
It is legal for me to decline an applicant because they are an attorney. Attorneys are not protected classes, just like smokers are not either. I can say no to smokers just like I can say no to attorneys. I can also say no to dog owners, even though I’m a dog lover and smoker.
REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
6y
@Account Closed
"It is legal for me to decline an applicant because they are an attorney. Attorneys are not protected classes, just like smokers are not either. I can say no to smokers just like I can say no to attorneys. I can also say no to dog owners, even though I’m a dog lover and smoker."
I will respectfully disagree with that in CA and DC. (Where the OP is stating and where you are)
"Source of income" is a protected class in both. For instance in CA:
California's non-discrimination laws are considered progressive. ... Source of income: Judgement and discrimination about where you are employed and how you make your money cannot factor into a landlord's decision to lease you a property.
I read that as if someone comes up and says "I am an attorney/stripper/garbage collector/marble salesman" You cannot discriminate. I of course may be wrong, but if I am wrong and rent anyway I am not dealing with a discrimination case. If you deny someone because they make 3X rent selling PokiMan cards at Trade shows, they may very well have a case. In the end it comes down to what policies you are prepared to defend in a court or in front of a panel. Writing in an advertisement "Nobody who makes their living working in a Fair Housing office here in CA will ever rent from me" is a quick fire way to find an official answer.
Now you of course can discriminate against smokers and dogs (That are not medically prescribed) all you want.