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lordofthering

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Posts: 18
Reply with quote  #1 
Hi
In advertisement of renting stating I do not accept section 8 considered as descrimination?
LLinVA

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Posts: 393
Reply with quote  #2 
No, but I wouldn't advertise it. 

Section 8 isn't a protected class. It's not made up entirely of protected classes. So not accepting Section 8 is not discrimination.

Generally, if you advertise the amount of rent and your general screening requirements (certain credit scores, certain minimum income, etc.) people seeing your ad will see the type of tenants you have. The bad ones will know it's not for them. The good ones will know it's for them and they won't have to deal with the trashy ones. Some idiots who don't read will still call and ask if you accept Section 8 and you say no. 
lordofthering

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Posts: 18
Reply with quote  #3 
Actually, I found out it is based on NJ Attorney General Guideline issued below:

Discrimination based on “source of lawful income used for mortgage or rental payments,” means, for example, that a landlord cannot reject a prospective tenant because he or she intends to rely on a Section 8 rental voucher, FEMA voucher issued to Superstorm Sandy victims, or other types of rent subsidies

It may be NJ only but it is something cannot be denied or advertised.
LLinVA

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Posts: 393
Reply with quote  #4 
That's true, states and localities can certainly have laws saying you can't discriminate based on that. In those cases, you should still have no issue enforcing your normal screening requirements that you apply to all applicants (minimum credit score, minimum income, etc.) which will almost certainly weed out all Section 8 people.
AccidentalRental

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Posts: 111
Reply with quote  #5 
Agree with LLinVA.  You can't refuse to accept that as a form of income but you can still specify applicants need a minimum of 3X monthly rent in gross pay, 680 credit score, or whatever else is allowed in your jurisdiction.
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OHlandlord

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Posts: 3,776
Reply with quote  #6 
An alternative is to state that the property will not pass S 8 inspections. Is there NO peeling paint, smoke detectors on every level including attic & basement, grounded outlets in every room, gfcis in kitchens, baths, & laundry, railings on any stairs (more than 2 steps), no cracked or broken windows or cracked/broken/missing switch or outlet covers, etc? Any of those things would fail metro inspection. Yes, most would be easy to fix. But state law doesn't require you to make repairs in order to take metro. So if there is just one thing wrong, it won't pass inspection.
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