However, an individual who happens to hold a voucher is no more or less likely to be a model tenant than anyone else. Remember that voucher holders are required to submit to an application process in order to receive the voucher before applying to your community. If your property happens to be located in one of the ever-increasing number of states or localities that protects on the basis of source of income, this doesn’t mean that you must approve any applicant who receives voucher assistance. While there may be a concern that denying an applicant who receives a voucher may be misinterpreted as discriminatory, the same could be said for denying an applicant who is Black or Muslim, has children, uses a wheelchair, or who otherwise falls into one of the federal, state, or local protected categories. There are multiple legitimate, nondiscriminatory reasons that an applicant may not be eligible for tenancy, like poor rental history, a failed housekeeping inspection, bad credit, or criminal history.
Maintaining thorough documentation of your application process for each applicant is the best way to refute an inaccurate allegation that you denied an applicant based on their source of income. If your decision is challenged, you must be able to demonstrate the exact reason for the denial (which is entirely unrelated to the applicant’s source of income) and to cite the policy/criteria that supports the denial. Also, while you can certainly ask an applicant to identify their income amount and any sources of income, it is important to avoid any statements about vouchers or other types of income that may imply that you’re taking the type of income into consideration.
EDUCATE YOURSELF AND YOUR STAFF ON WHICH FAIR HOUSING LAWS APPLY TO YOUR PROPERTY.
Educate yourself and your staff on which fair housing laws apply to your property! When in doubt on how these laws apply to you and your operations, seek professional advice. BOTTOM LINE
LESLIE TUCKER, ESQ. Attorney and Partner Williams Edelstein, Tucker, P.C.
Leslie is the Principal Partner of Williams Edelstein, Tucker, P.C., a fair housing defense law firm, and serves as the Assistant Vice Present at the Fair Housing Institute. With a career dedicated to defending housing providers across the country, Leslie offers over a decade of expertise in fair housing matters.
1. The Fair Housing Act does carve out a very narrow exception for some homeowners who are renting out their home(s), but because these circumstances are so limited, this article does not specifically address this exemption.
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