What tenant screening criteria are illegal to use against voucher holders

Last updated 2026-07-11

What does federal law actually prohibit landlords from doing to voucher holders?

Federal law doesn't protect voucher status by name. The Fair Housing Act of 1968, codified at 42 U.S.C. § 3604, prohibits discrimination based on race, color, national origin, religion, sex, disability, and familial status. ^[1] It does not list 'source of income' or 'voucher holder' as a protected class on its own.

That matters. It means a landlord in a state with no source-of-income law can legally say 'I don't accept Section 8' without automatically violating federal law, as long as the policy is applied consistently.

But here's where it gets complicated. HUD's position, explained in its guidance on source of income discrimination, is that blanket 'no voucher' policies can still violate the FHA through disparate impact. ^[2] If a landlord's 'no Section 8' rule disproportionately excludes Black renters or families with children, that's a cognizable fair housing claim even under federal law. The burden then shifts to the landlord to show a business necessity.

Federal law draws a floor, not a ceiling. Know what your state and city stack on top of it.

Which states make it illegal to reject a tenant because they have a housing voucher?

As of mid-2025, at least 18 states have source-of-income (SOI) protections that cover housing vouchers, including California, Connecticut, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Texas (Austin only, by city ordinance), Virginia, Washington, and others. ^[3] Several more cities and counties have local ordinances that go beyond state law.

Here's a summary of the strongest state-level protections:

State	SOI Protection Covers Vouchers?	Year Enacted (approx.)
California	Yes (Gov. Code § 12955)	2020 (SB 329)
Connecticut	Yes	1969 (updated)
Illinois	Yes (statewide)	2022 (HB 4122)
Massachusetts	Yes (M.G.L. ch. 151B)	2005
New Jersey	Yes (N.J.S.A. 10:5-12)	2007
New York	Yes (Exec. Law § 296)	2019
Oregon	Yes (ORS 659A.421)	2014
Virginia	Yes (Va. Code § 36-96.3)	2020
Washington	Yes (RCW 49.60.222)	2018

This list is not exhaustive and laws change. Always check your state's civil rights agency or fair housing organization for current status. The National Housing Law Project maintains a tracker. ^[4]

In these states, 'I don't take Section 8' is not a legal screening criterion. A landlord who says it out loud, writes it in an ad, or applies it in practice is breaking the law and can face civil penalties, compensatory damages, and attorney's fees.

What specific screening criteria can a landlord never use, regardless of state?

Even in states with no source-of-income law, some screening practices are flat-out illegal under the Fair Housing Act or related law. No state carves these out.

Race, color, national origin. Rejecting a voucher applicant because of their race or ethnicity is an FHA violation, full stop. ^[1] The fact that a voucher is involved doesn't change that analysis.

Disability. Section 8 voucher holders include a large share of people with disabilities, including those with mental health conditions. Denying an applicant because you suspect or know they have a disability, or refusing to make a reasonable accommodation for a disability-related issue in the application process, violates both the FHA and Section 504 of the Rehabilitation Act. ^[5]

Familial status. Refusing to rent to families with children is illegal. A 'no kids' policy, a minimum-income-per-bedroom rule applied only to families, or a policy that effectively excludes larger households disproportionately affects families with children and is prohibited. ^[1]

Sex and gender. Landlords can't screen out applicants based on sex, including pregnancy, gender identity (under HUD's interpretation after Bostock), or sexual orientation in many jurisdictions.

Religion and national origin. These come up less often in voucher contexts but are just as absolute under the FHA.

The line is simple. You can screen on financial reliability, tenancy history, and criminal records (with limits). You cannot screen on who a person is.

Can a landlord use income requirements to screen out voucher holders indirectly?

This is one of the most common workarounds landlords try, and it's legally risky in ways many landlords don't realize.

The classic version: a landlord sets a gross income requirement of '3x monthly rent' and counts only employment income, ignoring the voucher subsidy. If the voucher covers $1,200 of a $1,500 rent, the tenant's actual out-of-pocket share is $300. But the landlord demands $4,500 in monthly income. Almost no voucher holder clears that bar.

In states with source-of-income protection, this is often illegal on its face. California's law, for example, requires landlords to count the voucher subsidy toward income when applying income thresholds. ^[6] The same rule applies in New York, Washington, and several other states.

Even in states without SOI law, HUD takes the position that refusing to count a lawful subsidy as income can be disparate impact discrimination under the FHA if it screens out protected classes at a higher rate. ^[2]

The practical test courts and agencies apply: does the policy screen out voucher holders at a substantially higher rate than non-voucher applicants? If yes, the landlord needs a legitimate, non-discriminatory business reason that couldn't be served by a less discriminatory alternative. Pure administrative preference doesn't cut it.

One thing landlords can legitimately do: verify that the voucher is active and the housing authority has confirmed the unit will pass inspection. That's a real business reason. 'I just don't like subsidies' is not.

Are criminal background checks legal for screening voucher holders?

Criminal history screening is one of the trickiest areas in housing law, and it applies to all renters, not only voucher holders.

HUD's 2016 guidance on criminal history in housing made clear that blanket bans on renting to anyone with a criminal record are likely to violate the FHA through disparate impact, because Black and Hispanic renters are arrested and convicted at substantially higher rates than white renters due to systemic factors in the criminal justice system. ^[7] The guidance is titled 'Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records.' It states that a housing provider must do an 'individualized assessment' for each applicant.

For voucher holders specifically, PHAs are required under federal regulation to deny vouchers to applicants who are subject to lifetime sex offender registration or who have been evicted from federally assisted housing for drug-related criminal activity within the past three years. ^[8] Those are the PHA's restrictions, not the landlord's right to pile on unlimited extra bars.

Landlords in the private market can screen on criminal history, but there are catches. Blanket bans on 'any felony ever' are legally fragile. Time limits matter (most guidance suggests 7 years or less for most offenses). And the type of crime should be directly relevant to tenancy risk. Marijuana convictions in states where marijuana is now legal are especially problematic.

Bottom line for landlords: individualize the assessment, document your reasoning, and think hard about whether the specific conviction actually predicts a tenancy that goes bad.

What about credit score requirements, rental history, and eviction records?

These are generally lawful screening criteria, as long as they're applied consistently to every applicant and don't function as pretexts for protected-class discrimination.

Credit scores. A landlord can require a minimum credit score. But if the landlord waives that requirement for some applicants and not others, and the difference correlates with race or another protected class, that's a fair housing problem. Landlords should apply credit standards in writing and keep records.

Eviction history. Courts have increasingly scrutinized blanket eviction record bans, particularly pandemic-era filings. Several cities (Seattle, New York, Portland) limit the use of eviction records in screening. HUD's guidance on criminal records gets cited by analogy for eviction records. Some eviction filings are dismissed or were filed by landlords who later lost the case, and treating those as disqualifying is both factually unfair and potentially discriminatory.

Rental history. Requiring references from prior landlords is lawful. But demanding references from owners of federally assisted housing and then applying harsher scrutiny to those references than to private market references could be a SOI violation in protected states.

The housing choice voucher program itself doesn't restrict what landlords can demand in screening, beyond what federal and state fair housing law requires. The PHA approves the unit, not the tenant's other qualifications.

To check whether a specific landlord's listed requirements cross the legal line, the team at VoucherReady has built a free screening criteria checklist tenants can use before applying.

What is 'source of income' discrimination and how do you prove it?

Source of income (SOI) discrimination means a landlord treats an applicant differently because of where their money comes from, specifically because they receive a housing subsidy, public assistance, or government benefit rather than wages alone.

Proving it can take several forms.

Direct evidence. A landlord writes 'no Section 8' in their listing, says it on the phone, or puts it in a rejection letter. That's direct evidence of SOI discrimination in states where SOI is protected. HUD fair housing testers sometimes respond to listings that say 'no Section 8' and document what the landlord says.

Comparative evidence. A voucher holder applies and is rejected. A similarly situated non-voucher applicant with the same or worse credit and income is accepted. That gap becomes evidence.

Disparate impact. No single discriminatory statement, but a policy that screens out voucher holders at a dramatically higher rate than non-voucher holders. This requires statistical evidence and is harder to prove without discovery in litigation.

The investigation process: file a complaint with HUD (via hud.gov) or your state or local fair housing agency within one year of the discriminatory act for federal claims (shorter deadlines may apply at the state level). ^[9] HUD investigates and can refer the case to DOJ. You can also file a private lawsuit in federal court.

Award amounts under the FHA are real money. In 2023, HUD administrative cases resulted in settlements ranging from a few thousand dollars to over $100,000 depending on the severity and number of violations. ^[9] Private lawsuits can yield larger awards including punitive damages.

Can landlords ask whether you have a voucher during the showing or application?

In states with source-of-income protection, asking 'do you have a Section 8 voucher?' during a showing is not automatically illegal, but acting on that information to deny tenancy is. Think of it like asking someone's age before renting to seniors, which is fine. Using age to exclude them from family housing is not.

In practice, fair housing testers note that landlords in SOI-protected states sometimes ask about voucher status early in the process and then find pretextual reasons to reject voucher holders. The pattern becomes evidence.

Some states go further. Where SOI enforcement is stronger, inquiring about voucher status before an offer is made can itself be actionable if it's part of a pattern.

Landlords who don't want to deal with the HUD inspection process (which is a real operational concern) still can't express that as 'we don't take vouchers.' They'd need to decline based on a unit-specific issue, and only after the inspection request is made.

Tenants: document everything. Write down dates, names, and what was said. Save emails and texts. Take screenshots of listings. If you suspect SOI discrimination, contact your local fair housing organization before the trail goes cold.

What protections do disabled voucher holders have that other tenants don't?

Voucher holders with disabilities have a double layer of protection: the Fair Housing Act and Section 504 of the Rehabilitation Act (which applies to federally assisted housing). ^[5]

Under the FHA, landlords must provide reasonable accommodations in rules, policies, and procedures when necessary to give a disabled person equal opportunity to use and enjoy the housing. They also must allow reasonable modifications to the physical unit.

For screening specifically, this means a few concrete things.

A landlord cannot reject an applicant based on past rent nonpayment if the nonpayment was caused by the disability and the applicant can show the problem is corrected (for example, they now have a representative payee). This is a well-established HUD reasonable accommodation.

A landlord cannot use a 'no live-in aide' policy to screen out applicants who need a live-in aide as a disability accommodation. Refusing to allow a live-in aide is an FHA violation.

Credit history that reflects disability-related financial hardship (medical debt, periods of unemployment due to illness) can't be the sole basis for rejection when a reasonable accommodation request is pending.

For section 8 houses for rent listings, tenants with disabilities should submit a written reasonable accommodation request early in the application process, before any denial is issued. Once a denial goes out and you claim reasonable accommodation afterward, it gets legally complicated.

The statute at 42 U.S.C. § 3604(f)(3) specifically defines 'discrimination' to include 'a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.' ^[5]

What can a voucher holder actually do when they're illegally screened out?

You have real options, and they don't require a lawyer to start.

File a fair housing complaint with HUD. Go to hud.gov and use the online complaint portal. The deadline is within one year of the discriminatory act. HUD's investigation is free to you. ^[9] If HUD finds reasonable cause, the case goes to an administrative law judge or gets referred to the Department of Justice.

File with your state civil rights agency. Most states with SOI protections have their own civil rights commission, often with shorter timelines and sometimes more aggressive enforcement than HUD. California's Civil Rights Department (CRD), New York's Division of Human Rights, and Washington's Human Rights Commission all handle these cases.

Contact a local fair housing organization. The National Fair Housing Alliance network (over 200 member organizations) provides free counseling, testing, and sometimes litigation support. Fair housing organizations are often faster than government agencies at getting a complaint into investigation.

File a private lawsuit. You have two years from the discriminatory act to file in federal court under the FHA. Attorneys' fees are available if you win, which makes these cases attractive to plaintiff's attorneys when the evidence is strong.

One practical move: before you apply anywhere, look up your jurisdiction's protections. The housing authority that issued your voucher is required to provide you with information about fair housing rights, and many PHAs have a fair housing liaison who can point you to local resources. ^[8]

For landlords who want to understand their legal exposure before setting screening policies, the landlord kit at VoucherReady walks through federal and major state requirements side by side.

What screening criteria are actually legal for landlords to use?

Landlords are not required to approve every applicant. The law draws lines around protected characteristics, not around all judgment.

Legally sound criteria, when applied consistently:

Income-to-rent ratio. In states without SOI law, landlords can require a certain income-to-rent ratio. In SOI states, they must count the voucher subsidy as income. Either way, document the standard in writing and apply it to every applicant.

Credit history. A specific minimum score or a review of recent payment history is lawful. Weigh medical debt separately from other debt, and document any exceptions.

Rental history. Prior evictions (subject to any state time limits), documented lease violations, or verified property damage by prior landlords are relevant and generally lawful.

Criminal history, individualized. Not blanket bans, but a documented review of the type, recency, and relevance of a conviction to tenancy safety. ^[7]

Income verification. Confirming the voucher is active and that the total housing cost (tenant portion) is within an affordable range for the tenant's income. PHAs generally already screen for this before issuing the voucher.

The watchword is consistency. Landlords who apply standards inconsistently, stricter for some applicants than others, are creating fair housing liability regardless of which specific rule they're applying.

A good screening policy is written, applied before any showing or interview (not after), and reviewed annually against your state's current law. Nobody should be calling audibles during an application review.

Frequently asked questions

Is it legal for a landlord to advertise 'no Section 8' in a listing?

In states with source-of-income protections, advertising 'no Section 8' is illegal discrimination. Those states include California, New York, Illinois, Virginia, Washington, Oregon, and others. In states without SOI law, it is technically lawful under federal law alone, but HUD has taken the position that such policies can still be disparate impact discrimination under the Fair Housing Act if they disproportionately exclude a protected class like Black renters or families with children.

Can a landlord reject me because the rent I can afford with my voucher is below their asking rent?

Yes, a landlord can decline a tenant whose voucher payment standard doesn't cover the rent they're asking, but only if the unit's rent is actually above what HUD approves for that market. A landlord can't artificially raise rent just to price out voucher holders. In SOI-protected states, any policy that functions as a workaround to exclude voucher holders specifically is still illegal even if it's framed as a rent threshold.

Can a landlord charge voucher holders a higher security deposit than other tenants?

No. Charging a higher security deposit specifically because a tenant has a voucher is source-of-income discrimination in states with SOI protections, and in other states it could be disparate impact discrimination under the Fair Housing Act. Security deposit amounts must also comply with state deposit caps, which apply to all tenants regardless of how they pay rent.

What if the landlord uses a third-party screening company that flags voucher holders?

The landlord is still responsible. Under the Fair Housing Act, a landlord can't escape liability by handing discriminatory decisions to a tenant screening service. HUD has pursued cases where algorithmic screening tools produced discriminatory outputs. If a screening company's report contains protected-class information or flags income source in a way that causes discriminatory outcomes, both the landlord and potentially the screening company can face liability.

Does HUD's fair housing law cover all rental housing in the United States?

Almost all of it. The Fair Housing Act covers the vast majority of housing. Limited exceptions exist for owner-occupied buildings with four or fewer units ('Mrs. Murphy' exemption), single-family homes sold or rented by owners without a broker, and housing owned by religious organizations or private clubs for their members. These are narrow exceptions. Most rental housing, including all corporate or LLC-owned rentals, is fully covered.

What is a reasonable accommodation and how does it apply to voucher holders with disabilities?

A reasonable accommodation is a change in rules, policies, or practices that gives a person with a disability equal opportunity to use housing. For voucher holders, common examples include waiving a 'no criminal history' policy when the history is tied to a past disability episode, allowing a live-in aide, or extending an application deadline for someone managing a health condition. Request it in writing before any denial is issued. Landlords must respond and must grant it unless it creates an undue hardship.

How do I file a fair housing complaint if I was rejected because of my voucher?

File online at hud.gov or call HUD's housing discrimination hotline at 1-800-669-9777. The deadline is one year from the discriminatory act. You can also file with your state civil rights agency, which may have shorter deadlines but faster resolution. Local fair housing organizations can help you gather evidence and work through the complaint process at no cost. Document every interaction before you file: dates, names, exact quotes.

Can a PHA's own screening criteria for the waitlist differ from what private landlords are allowed to do?

Yes. PHAs must follow federal rules under 24 CFR Part 982 when screening applicants for the voucher program itself, including mandatory denials for sex offenders subject to lifetime registration and recent drug-related evictions from federally assisted housing. PHAs can also set additional local preferences and screening criteria. Once a tenant has a voucher, private landlords apply their own criteria, subject to fair housing law. The PHA's screening and the landlord's screening are separate processes.

Are there time limits on using past evictions or criminal convictions to deny a voucher holder?

HUD's 2016 guidance on criminal records recommends individualized assessment and weighing recency heavily. No federal rule sets a specific time limit for evictions, but several states and cities cap how far back landlords can look, typically 3 to 7 years. For criminal records, some states ban consideration of records older than 5 or 7 years. Check your state's specific law. Using a 15-year-old misdemeanor to reject someone today is both factually questionable and legally risky.

Does source-of-income discrimination law protect vouchers from all types of housing assistance, or just Section 8?

Most SOI statutes protect 'lawful source of income,' which courts and agencies have read broadly. This typically covers Section 8 Housing Choice Vouchers, project-based vouchers, VASH vouchers for veterans, emergency rental assistance, and in some states Social Security income or other public benefits. The specific coverage depends on how each state's statute defines 'source of income.' Review your state's civil rights statute directly or ask your local fair housing organization.

What happens if a landlord violates source-of-income discrimination law?

In a HUD administrative case, remedies include compensatory damages for emotional distress and lost housing opportunity, civil penalties up to $21,663 for a first offense (adjusted periodically for inflation), and injunctive relief requiring the landlord to rent to the complainant. Private lawsuits under the FHA can yield additional punitive damages. State law penalties vary but in some states run higher. Repeat violators face steeper penalties and broader injunctions.

Can a landlord refuse to rent to me because I live in a different city and am trying to port my voucher?

Porting itself doesn't create extra legal exposure for a landlord. What matters is whether the rejection is based on protected class characteristics or, in SOI-protected jurisdictions, on the voucher itself. A landlord isn't required to hold a unit while you wait for a port transfer to process. But if the landlord approved non-porting voucher holders or private tenants with similar applications and rejected you, the reason for rejection matters legally.

Do smaller landlords with only one or two units have to follow the same rules?

Mostly yes. The Fair Housing Act's 'Mrs. Murphy' exemption applies only to owner-occupied buildings of four or fewer units. If the owner lives in one unit of a 4-plex and rents the other three, those other three units are exempt from the FHA (but not from state civil rights laws in many states). A landlord who owns a single-family rental and doesn't live in it is fully subject to the FHA. The exemption is narrower than most people think.

What evidence should I collect if I think I was illegally screened out?

Save the original listing with any language about income or vouchers. Write down the date, time, and substance of every conversation with the landlord or agent. Keep all emails and texts. If you were rejected in writing, keep the rejection letter. Note the names and contact information of anyone who witnessed interactions. If you can, have a friend without a voucher inquire about the same unit to create a comparison record. More documentation is always better when you file a complaint.

Sources

1. U.S. Department of Housing and Urban Development, Fair Housing Act text (42 U.S.C. § 3604): The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, disability, and familial status in the sale or rental of housing.
2. HUD Office of General Counsel, 'Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions' (2023 reaffirmation): HUD's position is that blanket 'no voucher' or income-type policies can violate the FHA through disparate impact when they disproportionately exclude members of protected classes.
3. National Housing Law Project, 'Source of Income Discrimination' resource: At least 18 states have enacted source-of-income protections covering housing vouchers as of 2025.
4. National Housing Law Project, state SOI law tracker: The National Housing Law Project maintains a tracker of state and local source-of-income discrimination laws.
5. California Department of Fair Employment and Housing (CRD), SB 329 (2020), California Government Code § 12955: California law requires landlords to count the voucher subsidy as income when applying income thresholds to applicants, under SB 329 effective 2020.
6. HUD Office of General Counsel, 'Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records' (April 2016): HUD's 2016 guidance states that blanket bans on renting to anyone with a criminal record are likely to violate the FHA through disparate impact and that housing providers must conduct an individualized assessment.
7. HUD, 24 CFR Part 982, Housing Choice Voucher Program regulations: Under 24 CFR Part 982, PHAs are required to deny vouchers to applicants subject to lifetime sex offender registration or evicted from federally assisted housing for drug-related criminal activity within the past three years.
8. HUD, How to File a Fair Housing Complaint: Tenants may file a fair housing complaint with HUD within one year of the discriminatory act; HUD administrative settlements in 2023 ranged from several thousand to over $100,000.
9. U.S. Department of Justice, Civil Rights Division, Fair Housing Act enforcement statistics: The DOJ enforces the Fair Housing Act and can seek civil penalties up to $21,663 for first-time violators, with amounts adjusted for inflation.
10. National Fair Housing Alliance, 2024 Fair Housing Trends Report: Source of income discrimination is among the most commonly reported fair housing complaint categories in jurisdictions where it is protected.