Voucher-Assistance Programs and Protections

Renting out a house is affordable if it costs less than 30% of the monthly income. Vouchers bridge the gap between what low-income families are able to afford and what monthly rent they can afford. Many landlords won't rent out tenants who are part of voucher programs or receive other forms of rental aid. In some cases, this could be considered a violation.

Income From Legal Protections Is A Target Source

To ensure every renter is eligible for housing, increasing numbers of governments at all levels are passing laws to ban discrimination, even against those who rely upon vouchers to pay rent.

These laws are also called "source of income" laws and they protect renters whose income is derived from public assistance, or in some cases any legal source. These laws could be:

  • Social Security

  • Children's support

  • Alimony or palimony

  • Disability

  • The government offers housing programs

Housing Choice Voucher is the largest federally funded program for renting housing. It serves about 5 million households with low income. This includes seniors and people with disabilities, as well as families with children.

Rent subsidies are provided by a network of 2,100 state and local housing agencies, which includes private landlords. Section 8 refers to the 1937 federal law authorizing housing subsidies for low-income families.

There Are Different Legal Protections Depending On The State And City

The federal Fair Housing Act prohibits discrimination based on race or gender in housing. It does not protect tenants who have vouchers. No federal law requires landlords to accept all income sources and housing vouchers. Tenants are protected from discrimination by laws that have been created by the states, counties, cities.

These income protections, which were adopted by 18 states and Washington, D.C. on February 20, 2021, as well as more than 90 municipalities, vary from one jurisdiction to another. For example, some places only protect public assistance sources like vouchers, rapid housing, and permanent supportive housing programs. Washington, D.C., New Jersey, St. Louis, for example, protect vouchers, rapid rehousing, permanent supportive housing programs, vouchers, and other income sources. Missouri, Washington, D.C., New Jersey, St. Louis, and New Jersey protect a wider variety of income sources, such as alimony or palimony. Other laws don't require landlords to take part in rental assistance programs like housing vouchers.

Many laws provide protections and severe penalties. These protections include damages and court costs. Landlords need to be aware of the laws that apply to their property. Discriminatory advertising in rental listings is against the law in many states and cities. It may be illegal to list a property with "no section 8" as the law could make this unlawful.

The Protections And Obligations Of Landlords Have Not Changed

Landlords are still able to screen tenants, as usual, charge their fair-market rents, security deposits and hold tenants responsible for following the normal lease terms and conditions. They can also increase rents to reflect the market price or maintenance needs, and even expel tenants who have violated lease terms.

When renting to tenants who are enrolled in voucher programs, the inspection is what really matters. To ensure safety and health, the voucher agency inspects each unit. The agency inspects the unit every year to ensure safety.

Local authorities prescreen voucher holders. It must inform landlords about the screening performed on tenants and the current and previous addresses. It must also include the addresses and names of landlords that have rented previously to the applicant.

Before the lease can be signed, the landlord must file the lease along with any other forms required to the local housing authority. Once the lease is approved, the renter can move in. The first payment takes approximately a week. After that, the landlord will receive regular monthly rent payments to cover the subsidized rental while the tenant pays the remainder.

After a long wait, tenants can get a voucher. Tenants could wait for years to see if they are approved. They could lose their voucher if they violate their lease terms.

Landlords who are interested in finding out more about their rights under anti-discrimination and fair housing laws can access this information at the fair housing centers in their locality, state or local civil rights and human rights agencies, as well as the attorney general's office in their respective states or D.C.

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