Source of Income Discrimination
A growing number of states and cities prohibit "source of income" discrimination -- meaning landlords cannot refuse to rent to you simply because you use a Section 8 voucher. States with these protections include: California, Connecticut, Massachusetts, New Jersey, New York, Oregon, Washington, and others. If a landlord says "we don't accept Section 8" in a protected jurisdiction, that is illegal discrimination.
Eviction Protections for Voucher Holders
As a Section 8 tenant, your landlord must follow both state landlord-tenant law AND the Housing Assistance Payments (HAP) contract with the housing authority. The landlord cannot evict you without "good cause" during the initial term and any extension. Good cause includes: serious or repeated lease violations, nonpayment of the tenant's share, and criminal activity. Simple expiration of the lease term is not good cause in most voucher contracts.
Portability -- Moving With Your Voucher
Section 8 vouchers are portable -- you can move to any jurisdiction in the country that operates a Housing Choice Voucher program. When you move, your current housing authority "ports" your voucher to the receiving authority. The receiving authority may absorb you into their program or administer your voucher on behalf of the original authority. Give proper notice to both your landlord and housing authority before moving.
What to Do if Your Rights Are Violated
If your landlord discriminates against you because of your voucher: document the interaction, report to your local housing authority, file a complaint with HUD (Fair Housing complaint at hud.gov/fairhousing), and contact a fair housing organization. If your landlord attempts an illegal eviction, contact legal aid immediately -- eviction defense for voucher holders is a common legal aid priority.
Frequently Asked Questions
Can my landlord refuse to renew my Section 8 lease?
During the voucher contract period, the landlord generally cannot refuse to renew without good cause. If the landlord decides to opt out of the Section 8 program entirely, they typically must give you and the housing authority 90 days notice, giving you time to find a new unit.
What happens to my voucher if I get evicted?
An eviction for serious lease violations (drug activity, violence) may result in losing your voucher. An eviction for nonpayment of your tenant share may also jeopardize it. Contact your housing authority immediately if facing eviction -- they may be able to help or may require you to complete a repayment agreement.
Can I use my Section 8 voucher to rent anywhere?
You can use your voucher in any jurisdiction with a voucher program, but the unit must pass a Housing Quality Standards (HQS) inspection and the rent must be within the payment standard for the area. Some landlords in unprotected jurisdictions can still refuse to accept vouchers.
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