Keeping Section 8 Out of My Rentals - Posted by Frank

Posted by Mark (SDCA) on June 07, 2007 at 08:25:52:

Interesting. Pretty liberal I would say.

b) the set their rent to income ratio requirement just low enough so that Section 8 tenants would never qualify.

This is also interesting. I typically look for 2.5ish times the rent in terms of income. I assume that is what (b) is dealing with. I would expect that a lot of Sec 8 tenants STILL would not qualify even if they had a 100% voucher.

Keeping Section 8 Out of My Rentals - Posted by Frank

Posted by Frank on June 05, 2007 at 20:39:13:

I had nothing but problems with Section 8 tenants over the years and for the past 2 years I no longer rent to section 8. I tell section 8 tenants the unit is already rented or flat out don’t return their calls - that seems to take care of the problem. Now I’m hearing that several states are passing laws to mandate that landlords have to accept section 8 tenants. I live in Illinois. This federal program used to be voluntary. Is it true that we must accept section 8 now? I’ll still use my approach to get around it but wanted to know if it was illegal to not be in the section 8 program. Any advice would be appreciated

Re: Keeping Section 8 Out of My Rentals - Posted by Dave T

Posted by Dave T on June 07, 2007 at 14:17:11:

Here is a link to a MD city ordinance with has made source of income a protected class under the local fair housing ordinances.

Those who will argue that a Section 8 subsidy is not a source of income will see that the language of the ordinance defines it as such.

http://www.cityoffrederick.com/departments/CommunityDevelopment/docs/Ordinance%20-%20Appendix%20F%20-%20Discrimination%20in%20Housing%20Act1.htm

Note that this ordinance is a city ordinance that only applies to rental property I may own within the city limits. Any rental property I may own within the county but outside the city limits is not governed by this ordinance.

Re: Section8s - Posted by Potash

Posted by Potash on June 07, 2007 at 08:14:14:

I don’t rent to Section8s on units I manage myself because Section8s have no respect for the value of my time. A few times I have been desperate for a tennant and have agreed to show the Section8s the property, or I already have an appointment with a paying prospect so I agree to show them the property at the same time, but the Section8s rarely show up, or they show up fifteen minutes late because they got lost. But, I would never admit to the Section8s that I would not rent to them. It is Federal law (not State law) that you can’t discriminate based upon source of income. Maybe you can legally get away with not renting to them, but I don’t take chance. I tell them “of course I rent Section8s”, then I schedule an appointment to meet them if the are interested in unit, then I don’t show up unless I have a real prospect interested in the unit at the same time. Parasites. :slight_smile:

landlords pay attention - Posted by Kristine-CA

Posted by Kristine-CA on June 06, 2007 at 22:42:32:

This thread surprises me with the lax attitude regarding discrimination
and the law. Lots of hear-say and not much backing up with real
understanding of local laws. It doesn’t matter what you think about
Section 8 or Section 8 tenants. What matters is the law. Discriminating
based on source of income or Section 8 (or other voucher systems) is
against the law in more than a couple of states.

Here in CA it would be difficult to even put “no section 8” into print
advertising as most papers won’t allow it.

Of course, choose whomever you want to be your tenant. But there has
been some poor advice and suggestions here regarding openly
discriminating against section 8 applicants. My suggestion would be
to really check the law for your area and not take anybody’s word here
for fact (including mine). Kristine

Re: Keeping Section 8 Out of My Rentals - Posted by ken

Posted by ken on June 06, 2007 at 19:44:27:

Currently i do accept section 8.If i did not want them i would say so as long as they are not protected class which they are not in my area.If i did not want them but they attempted to make me take them my unit would not pass their inspection even if i had to remove a couple outlets and leave wires hanging out of the wall and they would fail me and not let their tenant move in.Also i usually find a problem at time of application like no former landlord phone number and i tell them i need that info before i can process their application and they usually do not call back so how can i be forced to rent to someone who did not complete their application in the first place

Re: Keeping Section 8 Out of My Rentals - Posted by David Krulac

Posted by David Krulac on June 06, 2007 at 16:27:05:

I don’t know of any states mandating section 8. You don’t need to lie, just we don’t accept section 8 on this property. I have both section 8 and non-section 8, most of the non-section 8 properties are rented for more than section 8 permits, therefore I have no problem telling the tenants that I can’t rent you this place section 8 because the rent is $1000 a month MORE than section 8 allows.

Personally I like the program, but understand that in many places it is different. But in all cases you must screen, screen, and screen, even with section 8 tenants.

Re: Keeping Section 8 Out of My Rentals - Posted by James Harris

Posted by James Harris on June 06, 2007 at 09:13:33:

Besides there is something going on with section 8 that I believe more people will want to deal with Section 8. Section 8 now in some areas is allowing the tenants to buy homes. And, I was informed that they can lease option homes also.

Re: Keeping Section 8 Out of My Rentals - Posted by Jimmy

Posted by Jimmy on June 06, 2007 at 08:17:35:

Section 8 is a federal program administered locally. the state of IL has no power to change the federal rules.

if you want to exclude S8, then say so in your newspaper ads and for rent signs… but be HONEST about it. DO NOT LIE to a prospective tenant by telling them the place is already rented. This sets you up for a housing discrimination claim. think about how that plays when you get sued. the jury will already know you’re a liar. how much of a stretch would it be for them to belive you are lying about excluding the minority tenant…

as for S8–I have had over 10 of them in my units over the years. good ones and bad ones. but no measurable difference between them and other lower income tenants not on S8. with one qualification. the S8 people on 100% vouchers tend to be the most irresponsible.

Re: Keeping Section 8 Out of My Rentals - Posted by carl

Posted by carl on June 06, 2007 at 07:31:59:

Send them to me.

I love section 8 tennants.

The rent is always paid!

Re: Keeping Section 8 Out of My Rentals - Posted by Rich-CA

Posted by Rich-CA on June 05, 2007 at 23:10:06:

I have never heard of the government forcing landlords to accept Section 8. I used to advertise “no section 8”. Now I accept them, but have others managing them. We ensure that if they leave damages in excess of their deposit that they lose their Section 8 status.

Re: Section8s - Posted by David Krulac

Posted by David Krulac on June 08, 2007 at 05:14:59:

its not a Federal law, I think this is the first time you made a mistake. There are certain section 8 physical requirements would make a unit illegible for section 8, like no railings on all stairs, no smoke detectos on all levels including basement and attic, peeling paint, cracked glass, etc.

Re: landlords pay attention - Posted by Mark (SDCA)

Posted by Mark (SDCA) on June 07, 2007 at 07:15:13:

Discriminating based on source of income or Section 8 (or other voucher systems) is
against the law in more than a couple of states."

Section 8 is NOT a source of income. If it were the recipient could use it for whatever they wanted… There is NO need to discriminate if a landlord doesnt want to accept Sec 8. The landlord can refuse to rent based on income (and probably credit in most cases as well). Discriminating against someone based on their ability to pay is NOT a problem.

how to keep sect8 out - Posted by ken in sc

Posted by ken in sc on June 07, 2007 at 05:59:11:

Of course, as Kristine says one should check the local laws. But rather than descriminate against the sect8 tenant, how about having the property not qualify for sect 8 vouchers? I have sect8 tenants and like them on certain properties, but if you are in the sect8 system you know that they have stringent rules for the property and its condition. Once you learn these rules, you will know that it can be easy and truthful to say “I am sorry, this property does not qualify under the sect8 guidlelines.” Even a property in nice condition will often need things changed or repaired to qualify. If the landlord is not willing to do these things, the property does not qualify. Heck, often the sect8 rent for a nice house will be substantially lower than what you could get in the open market. That alone would make the property not qualify. Anyway, that is one way to try and stop sect8 rentals without being discrimating towards the tenants.

Ken

sometimes a protected class - Posted by Kristine-CA

Posted by Kristine-CA on June 06, 2007 at 09:43:15:

Jimmy: stating “no section-8” is not such a good idea without first
checking local and state laws. In some municipalities, Section 8 IS a
protected class. Obviously, those would be the last places to be putting
in print or clarifying for the applicant that you will not accept Section-8.

Re: Keeping Section 8 Out of My Rentals - Posted by Deb

Posted by Deb on June 06, 2007 at 09:52:53:

Rich,
How do you go about ensuring they lose their status if damage if over security deposit?
Is this in writing? Do you take pictures of the house before?
Deb

Exactly - Posted by David Krulac

Posted by David Krulac on June 08, 2007 at 05:19:10:

and one way to not qualify for section 8 is to have rentals that exceed the rent guidelines. If the section 8 guideline is $900 and your rent is $2000, then that property doesn’t qualify for section 8 unless you’re willing to accept $900 as the rent.

Re: how to keep sect8 out - Posted by Kristine-CA

Posted by Kristine-CA on June 07, 2007 at 18:05:17:

Hi Ken. I think there are probably a bunch of ways to choose a tenant
without openly disriminating against a protected class, but you point out
the easiest way: The property doesn’t qualify. Perfect.

Hope all is well over your way. Kristine

Great Point - Posted by Berno

Posted by Berno on June 07, 2007 at 12:21:34:

I have had several calls about homes that I had for rent where the person would ask if I accept Section 8. Every time I tell them that I am not too familiar with what it would take to get my home approved, but if they would get me the information I would be glad to look into it. I have yet to have anyone get me the information or call back.

-Berno

I Stand Corrected - Posted by Jimmy

Posted by Jimmy on June 06, 2007 at 11:57:18:

I did a little googling on this issue, and I learned something:

There is at least one state (Massachusetts) which prohibits landlords from discriminating based on “sources of income.”

It would not surprise me if other “blue states” have similar rules.

and any city which has rent controls is almost certain to have these ordinances as well.