Source of Income/Receipt of Public Assistance Discrimination
Under current federal and state law, housing discrimination due to source of income or receipt of public assistance is a lawful form of housing discrimination. However, new reports, guidance, and court cases are finding that blanket bans on source of income may disproportionately impact a protected group under fair housing laws more than others. As a result, there may be fair housing violations depending upon the specific facts of what is occurring. Contact the FHCCI to learn more.
General Information:
- What You Need to Know About How Section 8 Really Works, ProPublica
- Section 8 Housing Choice Vouchers: Revised Implementation of the HUD-VA Supportive Housing Program, Federal Register, March 23, 2012
- PRRAC Appendix of Source of Income Laws: Tracks states and localities who have Source of Income or Section 8 housing discrimination protection
- AffordableHousing.com (formerly GoSection8 site): Find housing providers who will rent to persons on Section 8/housing choice vouchers.
- Indiana HB 1300 (2015): Prohibits a county, municipality, or township from adopting an ordinance that requires or would have the effect of requiring a landlord to participate in: (1) a Section 8 program of the federal Housing Act of 1937; or (2) a similar program concerning housing.
Government Guidance & Resources:
- HUD Housing Choice Voucher Program Guidebook: The purpose of the Housing Choice Voucher (HCV) guidebook is to provide an easy-to-use, one-stop resource to assist public housing agencies (PHAs), families and other stakeholders in the administration of the tenant-based housing subsidy programs. The guidebook consolidates into one document the most up-to-date guidance and requirements outlined in multiple publications: regulatory requirements, PIH Notices, Federal Register Notices, and other forms of guidance issued by HUD.
- HUD Guidance Memo on Requests for Exception Payment Standards for Person with Disabilities as a Reasonable Accommodation, May 13, 2025: Memo outlines when a person with a disability can make a request for a reasonable accommodation for an increased payment amount through the housing assistance program. (An example may include when it relates to the need for accessible housing and being unable to find within the fair market range.)
- HUD Rule Clarifying Relocation or Portability of Housing Choice Voucher Holders, Federal Register, August 20, 2015
- CFPB Guidance – Income from the Section 8 Housing Choice Voucher Homeownership Program shouldn’t mean you don’t qualify for a mortgage, May 11, 2015
- The Impact of Source of Income Laws on Voucher Utilization and Locational Outcomes, HUD, 2011
Reports of Interest:
- Protecting Housing Choice Voucher Holders from Discrimination, Urban Institute, 2020
- A Pilot Study of Landlord Acceptance of Housing Choice Vouchers, HUD Office of Policy Development & Research, September 20, 2018
- Prohibiting Discrimination Against Renters Using Housing Vouchers Improves Results – Lessons From Cities and States That Have Enacted Source of Income Laws, Center on Budget and Policy Priorities 2018
- Fair Housing Rental Testing Audit on Section 8 Denial Rates in Marion County, Indiana, Fair Housing Center of Central Indiana, 2014
- Will You Take My Voucher? An Update on Source of Income Discrimination in the District of Columbia, Equal Rights Center, April 2013
- Getting Past ‘No’: Housing Choice Voucher Holders’ Experiences with Discrimination and Search Costs, Poverty & Race Research Action Council, May 2010
- Courts Consider Landlord Defenses of Source of Income Laws, Housing Law Bulletin, Volume 38
- The Impact of Housing Vouchers on Crime in U.S. Cities and Suburbs, Michael C. Lens, 2013
- Source-of-Income Discrimination and the Fair Housing Act, Robert G. Schwemm, 2020
- No License to Discriminate: Real Estate Advertising, Source of Income Discrimination, and Homelessness in New York City, Fair Housing Justice Center, 2008
