Advertising for only Section 8 tenants?

Question

Hi,
I just found this fantastic forum while surfing for info. For the last three years I've owned multiple rental properties in an undesirable area in California with good cash flow. Because of the nature of the area I only rent to Section 8 tenants. (Every non section 8 tenant I've had ended up being evicted) Up until now I've had no problem advertising on Craigslist for "Section 8 preferred" or "Section 8 only" But it's been brought to my attention that this is illegal due to discrimination? I mean, I know you can't discrimminate for race, etc, but when it has to do with your financial situation of depending on an income every month, shouldn't a landlord get a say? After all, there are tons of ads that say "no section 8" so why can't an add say "Section 8 only"? Even with non Section 8 tenants there is a criteria for acceptable income set by the landlord. I haven't found a clear answer on this -- and I absolutely want to rent to only Section 8 tenants. I could fly under the radar, but I'd rather just be straight up and not waste anyone's time. Does anyone know? Thanks in advance for your insight.

Kyle J. · Answer

There are different types of discrimination. Legal and illegal. Clearly, you are discriminating because you are seeking/choosing someone based on his or her "membership" in a certain group or category. In this case, Section 8. However, that doesn't mean it's illegal. Most (good) landlords discriminate against some people. For example, I discriminate against criminals. I will not rent to them and state on my lease application that I will not consider anyone with "criminal convictions in the last 5 years for violent acts, drugs and/or any felonies". Some may not agree, but that's my right. You just have to be very careful that you do not engage in any form of illegal discrimination. Specifically, do not discriminate against any of the Fair Housing protected classes (i.e. race, color, religion, gender, physical or mental disability, etc.) For what it's worth, I don't see any problem with what you are doing.

Jon Klaus · Answer

Say "section 8 welcome" ? I also don't see the illegality of your ads.

Rob K. · Answer

I don't know why that would be discriminating. You could always have all of the calls go to a voice mail message and have the message state for the caller to let you know if they have a Section 8 voucher and moving packet. You could then return those calls first and get the people in to see the house.

Account Closed · Answer

Hold on. In CA it is illegal. In CA its a state law you can not discriminate on Source of Income. Stupid law designed to protect the sec 8 folks. So I would be careful it could work the other way around.

Tim Czarkowski · Answer

Debbie Farmer They use www.gosection8.com but no one actually uses it. If you go down to the section 8 office they have another list you can put your rentals on and at least here that is the one that most landlords and tenants use. At least that is what I was told by another landlord. The only section 8 tenant I have came with the building at purchase. Mike Osterman There are limits on how many people you have to allow into a rental based on the number of bedrooms. It may be different in California but here at least I believe the formula is 2 people to a bedroom plus 1. So a 1/1 could have 3 people a 2/1 could have 5 people. Anymore than that and you do not have to allow it. You might check and see if there is something similar in California. I can't remember where I read that, I think it may have been in my license class or possibly a landlord book I read a while back.

Debbie Farmer · Answer

Yes, that's what I thought, too. I'm one of the few backwards landlords that wants to rent to ONLY section 8 tenants because it's hard to get quality non section 8 tenants in that area. Guess I'll just see what happens...

Kyle J. · Answer

Per the California Human Rights/Fair Housing commission's own website: "CA law does not require a landlord to rent to Housing Choice Voucher (Section 8) recipients"

Rob K. · Answer

Section 8 is a voluntary program. You're not required to accept it. It is extra paperwork and inspections for the landlord. They are perfectly within their rights to say "NO SECTION 8". Maybe California is different (wouldn't suprise me), but I've never heard of someone having to accept Section 8.

Debbie Farmer · Answer

Yes, in Cali Section 8 has a site www.gosection8.com. I use it, but I've gotten all of my tenants over the years from Craigslist.

Debbie Farmer · Answer

Wow. But I see "no section 8" on ads all the time. Even on the MLS. I can see how it protects Section 8 people, etc, but not discrimminating on "source of income" is so vague. What about income from drug dealing? Child support from several scetchy baby Daddies? Geez. I will watch everything I say...