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Updated almost 10 years ago on . Most recent reply

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Lynn Y.
  • Investor
  • New Haven, CT
3
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15
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equal housing

Lynn Y.
  • Investor
  • New Haven, CT
Posted

Someone filed a complaint with state housing discrimination unit against one of my rentals.   It seems that she emailed me last october (6 month ago) asking one of my listings and informed me she has section 8.  Based on the complaint, I replied this rental has not been approved for section 8.  It also seemed she did not make another attempt to contact me again, rather, filed a complaint about income discrimination.

I unfortunately can not track that particular communication in my email inbox

Question:  Is it a correct understanding that a rental has to be approved by certain authority who manage section 8, and landlord has to pass certain registration process, in order to accept sec 8 payment? If that is true, on what ground complaint can be filed simply because landlord disclosed the status of this rental with sec 8 authority.  Or is this simply a mis-communication.  But if so, why someone will claim suffering so much emotion stress/other losses, take all the trouble of filing/notarize a complaint, other than just send me another email to clarify? 

Can anyone shed light on this?  Thank you very much.      

Most Popular Reply

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Matt Devincenzo
  • Investor
  • Clairemont, CA
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Matt Devincenzo
  • Investor
  • Clairemont, CA
Replied

So after a quick google search, it appears CT is indeed one of those states that "source of income" is protected. 

Here is a link to the DOH website where it talks a little about the LL responsibility. 

In FL where I rent your answer was an acceptable one. I'm not legally required to accept a Sec 8 tenant, nor do I have to get my rental approved for it. I think you may be ok still (obviously my non local opinion), but it doesn't sound like you denied her the ability to apply just said your unit wasn't approved (yet). 

Obviously appropriate legal counsel will tell you what to do, but my initial thought is the better response in the future is "the rental is not approved for Sec 8, but you're welcome to apply and if approved then we can see what would be necessary". Then the tenant's income source has been allowed and you can screen them out based on the remaining application or pick a more qualified tenant assuming you have multiple applicants. 

Even if they meet your qualifications, you still have to have the inspection and the tenant still has to come up with the security deposit ect. My guess is somewhere in that process you could deny based upon the housing authorities req's. Sounds like for LL in those areas it becomes a dance you have to do in order to not "discriminate" and allow them to apply, while all the while knowing that there is a bonafide reason you have chosen to not get Sec 8 qualified, and allow the process to be what weeds those tenants out.

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