Landlords Are Not Required to Accept Section 8 in Most Places

In most of the United States, a landlord can legally refuse to rent to someone using a Section 8 voucher. Section 8 is a federal program, but it does not override a landlord's right to choose their tenants. A landlord can say no to Section 8 tenants the same way they can refuse any other applicant — as long as the reason is not discrimination based on race, color, national origin, religion, sex, familial status, or disability.

However, a small but growing number of states and cities have passed laws that prohibit this refusal. These laws treat Section 8 status the same way they treat other protected categories: you cannot reject someone solely because they use a housing voucher. The rules vary significantly by location, so where you live determines whether a landlord can turn you away for using Section 8.

Understanding your local rules matters because it changes how you search for housing and what to do if a landlord refuses you. If your area protects Section 8 tenants, you have a complaint process. If it does not, you will need to keep searching.

Key Takeaways

  • Most states allow landlords to refuse Section 8 tenants, but some states and cities have banned this practice entirely.
  • Discrimination based on race, color, national origin, religion, sex, familial status, or disability is illegal everywhere, even if Section 8 refusal is legal in your area.
  • States that protect Section 8 tenants include California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.
  • If your state or city protects Section 8 tenants and a landlord refuses you, you can file a complaint with your state's housing authority or civil rights agency.
  • Even in states without blanket protection, some individual cities or counties have passed their own Section 8 protection laws.

Which States and Cities Protect Section 8 Tenants

The following states have laws that prohibit landlords from refusing to rent based on Section 8 status: California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington. In these states, a landlord cannot turn you down straightforward because you are using a housing voucher. They can still reject you for other reasons — bad credit, eviction history, income that does not meet their threshold, or failure to pass a background check — but Section 8 status alone is not a legal reason to refuse.

Beyond state laws, many individual cities and counties have passed their own protections. New York City, Los Angeles, San Francisco, Washington D.C., and Denver are among the places with local ordinances that ban Section 8 discrimination. Some of these local rules are stricter than their state laws. For example, a city might prohibit landlords from charging higher security deposits or requiring higher income multiples from Section 8 tenants.

To find out whether your specific location protects Section 8 tenants, contact your local housing authority or your state's fair housing office. They can tell you what the law is in your area and what your options are if you face refusal.

What Landlords Can Still Refuse You For

Even in states that protect Section 8 tenants, landlords can refuse to rent to you for reasons unrelated to your voucher status. A landlord can reject you if your credit score is too low, if you have an eviction on your record, if your income does not meet their stated requirement, or if you fail a background check. They can also refuse if the property does not meet Section 8 housing quality standards — for example, if the unit has lead paint or structural problems that would prevent the voucher from being used there.

The key distinction is that the reason for refusal cannot be the fact that you are using Section 8. If a landlord says "I do not rent to Section 8 tenants," that is discrimination in a protected state. If they say "Your credit score is below 600 and that is our minimum requirement," that is a legitimate business reason, even if you are using Section 8.

Landlords can also set reasonable rules about how the voucher payment works. They might require that the tenant pay their portion of rent on time, that the landlord receive the Section 8 payment directly from the housing authority, or that the tenant sign a lease that acknowledges the voucher program's rules.

What to Do If a Landlord Refuses You in a Protected State

If you live in a state or city that protects Section 8 tenants and a landlord refuses to rent to you because of your voucher, you can file a fair housing complaint. The complaint goes to your state's fair housing office or to the U.S. Department of Housing and Urban Development (HUD). You do not need a lawyer to file, and there is no cost to you.

When you file, you will need to describe what happened, when it happened, and the property address. If the landlord said something like "We do not accept Section 8," write that down or save any emails or text messages where they said it. The more specific you can be, the stronger your complaint.

After you file, the fair housing office will investigate. They will contact the landlord and ask them to explain their refusal. If the investigation finds that the landlord violated the law, the office may order them to rent to you, pay damages, or take other corrective action. The process typically takes several months.

How to Search for Housing When Section 8 Refusal Is Legal

If you live in a state or city where landlords can legally refuse Section 8 tenants, your search strategy needs to account for that. Start by asking your housing authority for a list of landlords or properties that accept Section 8. Many housing authorities maintain these lists, and they can save you time by pointing you toward landlords who are already willing to work with voucher holders.

When you contact a landlord, be direct about your Section 8 status early in the conversation. Some landlords will say no when ready, which saves you the effort of explore. Others will be open to it. You can also ask whether the property has passed Section 8 housing quality inspection — if it has not, the landlord will need to bring it up to standard before you can move in, which is an additional step.

Online rental platforms like Zillow, Apartments.com, and Craigslist do not always let landlords filter for Section 8, so you may see listings from landlords who do not accept vouchers. Calling or emailing to ask directly is often faster than explore and waiting to hear no.

Understanding Section 8 Housing Quality Standards

Even if a landlord is willing to accept Section 8, the property itself must meet Section 8 housing quality standards before the voucher can be used there. These standards cover things like working plumbing and heating, safe electrical systems, no lead paint hazards, adequate natural light and ventilation, and no pest infestations. The housing authority sends an inspector to check the unit before approving it.

If a property fails inspection, the landlord has to fix the problems before you can move in. This is not the landlord's choice — it is a requirement of the Section 8 program. Some landlords are willing to make these repairs; others are not. If a landlord says the property will not pass inspection or refuses to let the inspector in, that is a sign they may not be a good fit for a Section 8 tenant.

You can ask your housing authority whether a specific property has already passed inspection. If it has, the process moves faster. If it has not, budget extra time for the inspection and any repairs that follow.

Frequently Asked Questions

Can a landlord charge me more rent because I use Section 8?

No. A landlord cannot charge different rent to a Section 8 tenant than to a non-Section 8 tenant for the same unit. The rent is the rent. However, they can set a minimum rent amount, and if that minimum is higher than your voucher covers, you would have to pay the difference out of pocket or look elsewhere.

Can a landlord require a higher security deposit from Section 8 tenants?

In most states, yes — a landlord can set their own security deposit rules. However, some states and cities that protect Section 8 tenants also prohibit higher security deposits for voucher holders. Check your local rules to be sure.

What if a landlord says they accept Section 8 but then changes their mind after I explore?

If you live in a protected state and the landlord's refusal is based on Section 8 status, you can file a fair housing complaint. If you live in a state without protection, you have limited recourse — you would need to show that the real reason was discrimination based on a protected category like race or disability, not straightforward that they changed their mind about Section 8.

Do I have to tell a landlord I am using Section 8 before I explore?

You do not have to, but most housing authorities recommend being upfront about it. Telling them early saves time and prevents the awkward situation of them discovering it during the process process. If a landlord is going to refuse you for Section 8, better to know that before you pay an process fee.

Can a landlord refuse Section 8 if the property is in a certain neighborhood?

No. A landlord cannot refuse Section 8 tenants based on the location of the property or the neighborhood it is in, even in states where Section 8 refusal is otherwise legal. That would be a form of discrimination. However, they can refuse individual tenants for other reasons — credit, background, income — regardless of where the property is.