Section 8 Housing Search Anti-Discrimination Laws in the U.S.

Last Updated February 22nd, 2024

After getting approved for a Section 8 Housing Choice Voucher, it feels relieving to be one step closer to getting affordable housing. But that last step of finding a suitable rental home that accepts the voucher can be difficult in many areas of the U.S.

In most areas of the country, there are no laws preventing landlords from openly discriminating against renters with a Section 8 Voucher. A simple search for available rental homes will typically show many ads saying that Section 8 tenants will not be approved.

As a result, this lowers the number available rentals in these areas for those with a Section 8 Voucher. And there are so few available rentals in some areas, households end up losing their voucher because they couldn’t find housing in time.

In response, state and local governments across the nation have passed anti-discrimination protections for renters with a Section 8 Voucher. These laws state that a Section 8 Housing Choice Voucher is part of a renter’s income, and that their source of income cannot be a factor to decline housing.

These are the areas of the country with protections for renters looking for housing with a Section 8 Voucher:

States With Section 8 Housing Search Anti-Discrimination Laws

States With Section 8 Housing Search Anti-Discrimination Laws:

Counties With Section 8 Housing Search Anti-Discrimination Laws:

Cities With Section 8 Housing Search Anti-Discrimination Laws:

Areas That Have Proposed Section 8 Housing Searcg Anti-Discrimination Laws

States Where Section 8 Housing Search Anti-Discrimination Laws Are Banned:

Citations

Information in this article comes from the following sources:

  • Expanding Choice: Practical Strategies for Building a Successful Housing Mobility Program by the Poverty & Race Research Action Council (last updated in March, 2023).
  • Source Of Income Laws By State, County, And City by the National Multifamily Housing Council (last updated in February, 2023).

1. Exemptions: “Nothing in this chapter shall prohibit an owner of a housing accommodation from refusing to rent to a person based on their lawful source of income if the housing accommodation is three (3) units or less, one of which is occupied by the owner.”

2. The statute clearly prohibits discrimination against voucher holders. However, landlords can refuse to rent if the government program 1.) requires an inspection; 2.) the improvements needed to pass the inspection cost more than $1,500, and: 3.) the landlord has not received funds from the landlord mitigation program to make the improvements.

3. For unincorporated areas only.

4. For unincorporated areas only.

5. For unincorporated areas only.

6. According to PRPAC, "the Corporate Counsel refuses to enforce Section 8 cases."

7. For unincorporated areas only.

8. Exemptions: "Single-family dwelling sold or rented by an owner if: (1) the private owner does not own more than 3 single-family swellings at a time; and (2) the owner does now have any interest in, title to, or right to all or a portion of the proceeds from the sale or rental of more than 3 single-family dwellings at a time; and (3) such dwelling is sold or rented without any sales or rental services or any real estate broker or agent." "In November 2022, the Atlanta City Council passed a resolution requiring residential properties receiving funding or other funding incentives from the city to accepted Housing Choice Vouchers as a source of income."

9. The law states that “this section shall only apply with respect to a Section 8 certificate if the monthly rent on such residential unit is within the allowable rent as established by the Department of Housing and Urban Development.”

10. The law states that “this section shall only apply with respect to a Section 8 certificate if the monthly rent on such residential unit is within the allowable rent as established by the Department of Housing and Urban Development.”

11. The law states that “this section shall only apply with respect to a Section 8 certificate if the monthly rent on such residential unit is within the allowable rent as established by the Department of Housing and Urban Development.”

12. For unincorporated areas only.

13. For all areas except Phoenix and Tuscon, Arizona.