By submitting your email address, you agree to receive marketing emails from Inman. Landlords are required by state law to participate in the Section 8 program, if a Section 8 voucher holder is the most qualified applicant. Section 8 vouchers are supposed to help. Texas law gets in the way 2002-2023 ApartmentSmart.com, Inc.Affordable Housing Online is not affiliated with any housing authority or apartment community, and does not manage any affordable housing programs. What does this mean? Youve had a good look at how this person intends to treat you, and its not legal or fair. It says that management wont be bound by what the agent writes on the form during our walk-through. Better Lives. ), "You have a violent felony conviction in the last three years." And this is where the insanity comes into play. Carlos Villagran, a leasing supervisor with the firm, said he was new to the company and didnt understand what Gardner was talking about when, in January, he asked in a text does the building accept Section 8. Villagran had responded, Sorry we are not taking that at the time.. But his success may have been an anomaly: How many voucher holders have the luxury of an attorney? Think Twice Before Turning Away Tenants With Section 8 Vouchers So it would seem, but . Remember that you cannot refuse Section 8 by citing any requirement. Risks of Renting to Section 8 Tenants - The Balance In June 2020, the state Legislature approved a budget that included nearly 40 new positions for the Civil Rights Department to handle an increase in all types of civil rights complaints. No landlord should discriminate against tenants because they are in receipt of benefits. But you cant say, I wont rent to you because I dont want an inspection. That would be an unlawfully discriminatory rejection. After you leave, any subsequent damage cant legally be attributed to you. Your subscription will automatically renew for on . B. Massachusetts law recognizes that Section 8 is a flawed program: rather than work with HUD to fix its flaws, we have instead required compliance, however absurdly HUD or its agents may behave. of Greater L.A., said red tape has long discouraged mom and pop landlords from taking Section 8, and many small owners who dont have armies of lawyers and employees simply arent aware of their new responsibilities. Are landlords required to accept Section 8 vouchers? Philly lawyers An additional challenge in Massachusetts can be procuring insurance. They should contact a local Housing Authority office. The courts have ruled that no DSS policies are unlawful because they indirectly discriminate against women and disabled people. If the renter fails to recertify, there will be additional headache. You can refuse to rent to a Section 8 voucher holder for other reasons. Better Policy. Additional time may be required to calculate rent reasonableness and/or sign the paperwork. This means an applicant can apply without a rental subsidy, and if they are approved, they can live in the apartment with a subsidy. Owning a rental property today presents many challenges; one must learn how to screen for the best tenants without breaking federal law; avoid being sued over rejecting Emotional Support Animals; or simply maintaining properties while maintaining a positive cash flow have led many a landlord to greener investment pastures. Are landlords required to accept Section 8 Florida? However, four additional positions that wouldve focused solely on the new source-of-income law were cut from the final budget because of concerns about the pandemics impact on tax revenue. Today, Gardner lives in a one-bedroom apartment in Los Angeles Westlake neighborhood. In a news release in October, the California Civil Rights Department said 38 of 80 L.A. County properties tested in 2022 nearly half showed evidence of unlawful discrimination, and the department would bring enforcement actions where appropriate.. Robert Gardner, a Section 8 tenant, stands in the apartment building where he currently lives in Los Angeles. Fortunately, you arent the first to raise the question. Member dues support this mission. Under Massachusetts law, it is illegal to turn away an applicant for housing on the basis of their receiving public assistance. Can landlord refuse to house Section 8 tenant? - Inman Find A Home With Your Housing Choice Voucher. As a medium to large landlord, it is possible to get into the business of Section 8 project-based vouchers. After submitting an application to the property manager, Gardner emailed the company and made clear he ccd his attorney to ensure that he was not illegally denied due to having a section 8 voucher.. After-the-inspection damage may also not even exist it may be simply the landlords way of hanging on to more of your deposit. Unlike with some other programs, economic research supports Section 8 as a net benefit to society. Being a landlord is about managing risk, specifically, minimising risk. The program gives benefits based on household size and gross income, and can be applied for separately from Section 8. It requires them to pay back the loan over 12 months with the understanding that if they do not they will not get further assistance from that program in the future. ), "We are still accepting applications, we haven't processed yours yet." Technically speaking, that ruling covers only Connecticut, New York and Vermont landlords, though Connecticut landlords cant take advantage of it (in Connecticut, by state law landlords cannot refuse to rent to new or existing tenants with Section 8 vouchers, no matter why they have them). For instance, if you dont want to work with a certain PHA that has a reputation of not answering their phone, that is too bad. In practice, many courts in other states will choose to follow the Salute lead. And since this is a business based on cash, we need to do whatever we can to keep the cash flowing, and thats easier to do when youre dealing with tenants that dont have financial restraints. Landlords with older apartments may suffer the green bathtub bias: older apartments are disproportionately more likely to be cited for non-safety issues, like missing signage, loose window sashes, or temperature anomalies (water too hot, room too cold). The inspector will also ensure there is no peeling paint, as lead-based paint is a major issue in many older properties. As with all new tenants, I provided her with a Move-In Checklist: identify anything that is not working properly and we will get right on it. The Los Angeles City Board of Supervisors has passed an ordinance that prohibits landlords from refusing tenants who pay rent through Section 8 vouchers beginning January 1, 2020. Renter re-certification requires them to demonstrate their income and assets. A Landlords Guide to Section 8 in Massachusetts, Search Eviction Records by Address (Beta), The Benefits and Costs of the Section 8 Housing Subsidy Program: A Framework and First-Year Estimates, Massachusetts Commission Against Discrimination, Statewide Rental Real Estate Networking and Training, Landlord Fined $6,000, 3 Years Probation, for Forging Section 8 Documents, Gets off Easy, AG Touts Section 8 Discrimination Settlements Totaling $40K, "We require a minimum score of X." If you get this wrong, you could be committing a criminal offence and may face a fine or even a prison sentence. 1. They will investigate your other Section 8 contracts, if any, to see if you accepted side payments from those tenants and, if so, you will have to repay them as well. How Landlords Discriminate Against Housing Voucher Holders | Time Examples of valid evictions include: failing to make a timely rent payment, which is a lease violation; conducting illegal activity; end of lease term, etc. The Section 8 Housing Choice Voucher (HCV) program is the largest federal rental subsidy program. Many landlords have a zero-tolerance policy when it comes to renting to tenants who have evictions: evictions speak as loudly to a landlord as anything. If a tenant caused major damage to the unit, the lease agreement should have bound the tenant to certain obligations to maintain the unit. When at least 48% of Housing Choice Voucher recipients are black and 18% are Hispanic, refusing to take vouchers "can be a mask for racial discrimination," says Senator Tim Kaine, a Virginia . Lets further suppose that you win or the landlord dismisses the case. Be careful of steering or slow-playing, as well. He originally moved there for safety, a change the South L.A. native comfortably afforded on minimum wage because a coveted Section 8 voucher covered most of the rent. However, there are still many areas that haven't passed such laws. Produced by Clare Toeniskoetter , Will Reid and Mary Wilson. ), "This unit is not deleaded." As mentioned, Connecticut landlords must accept Section 8 tenants; and in New Jersey, if an existing tenant becomes eligible for Section 8 assistance, landlords must participate at least as to . Two weeks later, when the Window World technician returned to make a second repair (we found it during his first visit) we again met him at the apartment and proceeded to enter and complete the repair. They also agreed to implement a new procedure whereby tenants can potentially get their court record completely deleted from the report when the case didnt have merit, was brought in error, or for similar reasons. The landlord is not authorized to rent to Section 8 tenants because the property did not go through registration and inspection. The largest non-profit for owners and managers of Massachusetts residential real estate. The Fair Credit Reporting Act applies to tenant screening agencies, but it doesnt give you the tools you need to force the screening agency to accurately describe the outcome of an eviction lawsuit (your only recourse is to write a 100-word statement giving your side of the story). Inspections add delays to the normal market-rate lease-up process.
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