Re: section 8 by existing tenant - Landlord Forum thread 339566

Re: section 8 by existing tenant by P-Bone (NY and OH) on October 7, 2015 @07:09

At least locally to the suburbs of Buffalo, NY, I have inquired about Section 8 Housing and some of the rules and regulations. I particularly do not want to participate in the program, but as previously stated, my municipality considers it illegal to discriminate against the Section 8 voucher as a source of income. With that in mind, I can't immediately deny Section 8 applicants, I have to tell them my criteria and hope they get the drift that they likely don't qualify, but can't otherwise disqualify them if I don't have solid facts (i.e. full application and criteria with which to disqualify them).

With that said, I was told by the Section 8 Housing Authority that they only accept 1-year leases. I currently only operate with all my tenants on month-to-month rental agreements. It's the same way I start every tenancy. In over 10 years I've never had to put anyone on a year lease and no one has asked and tenants have stayed generally from 2-6+ years. In my discussions with Section 8, it was also noted that I would be violating discrimination laws with regards to Section 8 if I pointed out the rules specifically to any prospective tenant. So, not only can I not legally discriminate, I can't tell the prospect that I only do month-to-month rental agreements and since Section 8 doesn't accept monthly rentals, they are out. I have to state my criteria and hope they know their own rules. I think it's absolutely ridiculous that I can't point out the rules of the program and show how those rules and regulations make it impossible for them to rent from me.

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Re: section 8 by existing tenant by Stephen (WA - Washington) on October 7, 2015 @12:27	[ Reply ]

Are you saying that in NY or Buffalo that there is a law, regulation, or ordinance that prohibits you from saying you won't take Section 8? Just because some bureaucrat says there is doesn't make it necessarily so. Also it seems counter to everything that you can't tell applicants that Section 8 won't accept your rentals. They won't accept your rentals because you always do month-to-month and they require 1 year agreements. To me this is different than you saying you don't accept Section 8.

Re: section 8 by existing tenant by John (NY) on October 8, 2015 @06:51	[ Reply ]

The Section 8 issue is sensitive: we cannot say : " You are a Section 8, so, we are not renting to you". We can say : " Our unit is not suitable to Section 8". Do not forget that the unit as to be approved to Section 8. Also, Section 8 will be reducing your rent amount. Think twice before renting to Section 8. Also, LL can say : " you cannot proof that you will be able to pay the rent." Show the section of your rules, the clause saying that you need a proof of income being 3 or 4 times the amount of rent.

Re: section 8 by existing tenant by P-Bone (NY and OH) on October 8, 2015 @07:23	[ Reply ]

Correct. I cannot outright state that I don't accept Section 8. I can state that I haven't been approved for the system or that I haven't been inspected, and state that I am not interested in going through that process, but I can't state I don't accept Section 8 outright. The ruling in these municipalities relates to "sources of income." We are not allowed to discriminate against Section 8 voucher recipients for getting income from the Section 8 program. Here is what my municipality states: Section 71-3 Acts of Discrimination It shall be unlawful: A. To refuse to sell or rent or refuse to negotiate for the sale or deny a dwelling to any person because of race, color, religion, sex, age, marital status, handicap, national origin, source of income or because the person has a child or children. B. To discriminate against any person in the terms, conditions or provision of services or facilities in connection with the sale or rental of a dwelling because of race, color, religion, sex, age, marital status, handicap, national origin, source of income or because the person has a child or children. C. To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, age, marital status, handicap, national origin or source of income or a person or persons with children. D. For a person offering residential property for sale or rent or anyone acting on behalf of such a person to print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for the sale or rental of a dwelling or to make any record or inquiry in connection with the sale or rental of a dwelling which expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, religion, sex, age, marital status, handicap, national origin, source of income or the presence of children in the family or which expresses, directly or indirectly, any intent so to limit, specify or discriminate. Here is some verbiage I was able to pull up on discrimination against sources of income: Source of Income Discrimination Discrimination against renters based on verifiable and legitimate sources of income is an unfair and discriminatory practice. Tenants who attempt to legally use a subsidy frequently hear comments like, “I don’t rent to people like you”. Some landlords advertise “No section 8” or will refuse an application for tenancy, regardless of the tenant’s rental and credit history, simply because of their lawful source of income. Washington State has already recognized the need to protect residents from housing discrimination based on their race, disability, sex, familial status and others. But a gaping loophole exists that leave many people in these categories, such as single parents, the disabled and the elderly open to discrimination based on their source of income. Policies like “no section 8” are a pretext for illegal discrimination and have a disparate impact on Washington’s most vulnerable families. Renters who receive a verifiable source of legal income, such as social security, child support, SSI and section 8 vouchers (or any other governmental or non-profit subsidy) should not be automatically assumed to be unacceptable or undesirable renters. Stereotypes about recipients of either temporary or long-term assistance are unfair grounds to determine an applicant’s suitability as a renter: every renter should be given an equal opportunity to apply. Lawful Source of Income (including Section 8 recipients) Lawful source of income includes income from Social Security, or any form of federal, state, or local public assistance or housing assistance including Section 8 vouchers. Any landlord with a building containing at least six units may not discriminate against a tenant or applicant because that individual intends to pay their rent with some lawful income other than a paycheck. The landlord must accept your rental subsidy even if the building you are in or applying for doesn’t have six units if the landlord owns another building in NYC that has six or more units. Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. For example, a building owner or representative (such as a superintendent) is discriminating if they treat you differently because of your lawful source of income, such as refusing to accept your Section 8 voucher funds toward your rent payments. These behaviors, policies, or practices could be evidence of discrimination: •Being denied an apartment application because the building owner rejects your partner’s or family member’s lawful source of income; •Being asked if you are receiving any government assistance or Social Security; •Advertising apartments with the phrase “No Programs” or “No Section 8” included; •Being told that the law doesn’t apply to rent-controlled units even though you were living there when the law went into effect in 2008; •Being told that the law only applies to new Section 8 voucher holders – not to existing tenants with vouchers. The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.