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Updated about 6 years ago on . Most recent reply

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Brian Fuerle
  • Rental Property Investor
  • Buffalo, NY
6
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14
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Discrimination against section 8

Brian Fuerle
  • Rental Property Investor
  • Buffalo, NY
Posted
So I was advertising my mothers upstairs appartment out of Buffalo New York, ( The appartment is not section 8 approved) this is my first time renting out a space and I assumed you had to be approved to take section 8 vouchers and I had posted in a face book group about my mothers appartment, " no smoking, no dogs, no section 8." I have taken down the post because someone had threatened to report me for discrmination. I researched and I understand regaurding the discrimiation on income but is it dicrimination if I cant accept the voucher? What are some ways you guys filter threw section 8 applicants?

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Patti Robertson
  • Property Manager
  • Virginia Beach, VA
2,240
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Patti Robertson
  • Property Manager
  • Virginia Beach, VA
Replied

@Brian Fuerle - See the article below. Looks like you cannot discriminate against income source in Buffalo. You could instead require a minimum credit score or raise your rent above the HUD budget for your bedroom size, or other criteria that would cause most SEC 8 tenants to disqualify themselves, but you would have to apply that criteria consistently among ALL applicants.

To say "this apartment is not approved for section 8" only sheds a bad light on you, once you know how the program works. (The only reason you would be banned by HUD would be if you committed fraud against them.) Landlords don't get properties pre approved for SEC 8. The official term is called the Housing Choice Voucher program. The operative word there is CHOICE. The tenant chooses where they live. Once a tenant chooses your property, they apply and have to meet your rental criteria (whatever that may be as long as you don't discriminate and screen every tenant to the same criteria). If accepted you and the tenant fill out some paperwork (it is not nearly as onerous as some folks on here may lead you to believe), and then SEC 8 will decide if financially this tenant can be approved for your rent amount. If they can, SEC 8 will then schedule an inspection for your property. This inspection is also not as onerous as most people would lead you to believe. Basically you have to meet minimum housing standards of safety and habitability. The only reason HUD would deny you is if you are basically operating a substandard rental - IE being a slumlord.

 Last week I posted a checklist we use in my PM office that includes the basic items SEC 8 inspects for.  If you go to my profile and look through my recent posts you should be able to find it pretty quickly.

https://buffalonews.com/2018/04/26/proposed-housin...

  • Patti Robertson
  • 7574722547

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