The Fair Housing Act (FHA) (42 U.S. Code § § 3601-3619 and 3631), a federal law, doesn’t bar landlords from discriminating based on Section 8. But some states and municipalities do, often as part of a broader ban on “source of income” or “public assistance status” under the state or local fair housing law. 

 Yes, but I would definitely see an Attorney and get a written opinion. 

Yes. I always ask owners that are renting homes if they are interested in Section 8, and almost all say " No".

You have many answers here Praful. 

Absolutely as long as it is not based on discriminatory practices. Note: The law does not require that a landlord have to give a "no rent" reason.

Yes, they can choose NOT rent to a section 8 based simply because they are under no obligation to deal with a government entitity.

Who says they have to accept section 8??  NO ONE SAYS...

I have in the past rented to section 8 until they dropped the allowable rent payment which is now below what my propeties will rent for.

Eve

Landlords are prohibited from denying renters based solely on where their income is coming from.  So one has to be careful when denying a Section 8 tenant.

Denying them, strictly because they are section 8 could be construed as discriminating based on their income stream.

Yes, you can screen potential renters through Section 8 as you would any other tenant.  They provide potential renters to you, and you decide if you will accept or reject their application.  Section 8 sets the amount you will get based on each individuals qualifications.  You can then charge additional rent to come out of pocket from the renter to make up the difference. I rented a property through Section 8 for 5 years, and other than specific safety requirements, and spot inspections, in my case they were very good to work with.    

I believe so. As long as the reasons for not renting do not violate discrimination laws.  No one, I do not believe, can force an owner to turn their property into section 8 housing.  I would verify this with a real estate attorney. 

Yes, we do it all the time. The property has to be inspected and approved. The rent is not coming from the tenant but another source so we have the right to say if we want to conform and accept those exceptions to our standard policies.

Praful Thakkar Yes

A landlord here can make a decision not to accept Section 8 payments for rent. He's not rejecting the tenant, he's rejecting their form of payment. 

In my Province, we cannot discriminate against any perspective tenant..its againt the Human Rights Code.  It's a very one side legislation here.. the tenants have the rights... I have a client who wants to rent his basement apartment, and only wants one tenant... but he can't specify that in the listing.  Apparently its against the Human Rights Code.  The pendulum has swung way too far in favour of the tenants.

Absolutely, I have rental Properties I Manage and none of my Owners will accept Section 8, they will accept the Veterans VASH Program though..

it looks like you have your answers, Praful....

Yep, many landlords that I speak with are not accepting section 8.

Yes it is their choice.

When a land owner chooses to participate in Government programs they forfeit some of their autonomy.  There is ALWAYS a price to pay when engaging government organizations in your business.

However, regarding Section 8 qualified properties, the owner has the OPTION, not obligation, of accepting a Section 8 tenant.

I would advise those who own less than 25 Section 8 eligible properties to avoid this option because the numbers will not work in the favor of smaller investors..

You bet!

Great answers here Praful

Input not really a clear answer and Landlord needs to be careful how they answer.

Section 8 isn't simple or easy, they inspect property and check is ACH'ed to landlord at a certain percent of actual rents. Tenant has an obligation piece of the rent but they are on limited income and little things tend to spin their finances the wrong way.

Landlord has their own criteria- say they want a FICO score middle of 720, income at three times the rents and no evictions those would be even and fair requirements but not necessary to provide to tenants. Best if landlord says they went with another applicant. 

Looks like you have many answers from those who do rentals.

It is very difficult to find something for Sec.8 clients, especially since they pay less than average rental rates in L.A. area and most vacancies have multiple applications. Someone just asked me to help a relative to find a rental property, I'd love to, but it is going to be a challenge. 

I spoke with my local housing authority about Section 8 a few months ago. I was told by them that I do not have to to rent to someone using Section 8 and that many landlords won't because they are a bit cumbersome to deal with. As as landlord, it is up to you to decide if you want to go through the inspection process that Section 8 requires. We chose not to to accept that tenant and then told other prospective tenants that asked that we don't accept Section 8 as we are not Section 8 approved.

In California we seem to be a lot more landlord friendly (who'd have thought?).  Most rentals EXCLUDE section 8 tenants by default! 

To rent to section 8 out here you have to:

1. List your house with the city's housing authority
2. Find and agree to a section 8 tenant
3. Have the home inspected by the housing authority that it meets section 8 rules
4. Negotiate a rent with the housing authority (usually close to market value)

Tenants out here pay only a portion of the rent.  I tried renting one of my homes section 8 a few years ago.  The list of homes for rent was published MONTHLY and I had mine rented to regular tenants before the city of Oxnard could even get their list published.  Since then I have not put my houses up for Section 8 and have no plans to.

Generally no, Roy Kelley has the more detailed answer.

Most often you hear that a landlord can not rent to all section 8 tenants, but can not pick and choose 1 type over another. Many landlords have had nightmare scenarios with sec 8. Others business models are based on renting to sec 8. EIther way, check the tenants qualifications, there is a good and bad non sec 8 and sec 8. 

We don't do proprty management

There is no requirement for a Landlord to accept Section 8 in my state.

I think they may, but not just for the reason that the tenant is a Section 8.

A landlord can opt out of participating in the Section 8 program. And some landlord's property will not qualify!

There may be state laws about this.

Not for being Section 8 alone..there must be another reason..bad credit, bad rental history with prior landlords etc...

I believe you have to have your home designated and approved as a Section 8 rental. From what I've heard, they pay more rent not less.

Generally depends on the state, some have ruled this to be discrimination based on income source.  I think that your state may be one of them, along with those folks just south of your state.

I believe you can as long as you treat the process  the same for everyone