Know Your Rights: Protection From Source-of-Income Discrimination

Few things are more stressful than looking for a rental home when you don’t have enough money to pay the rent. In fact, millions of people across the country struggle to find affordable rental homes.

A home is generally considered affordable if a family spends 30% or less of their monthly income on it.

There are many local and federal programs that help individuals and families with low incomes afford safe, decent and clean rental units or homes in which to live and raise their families.

Housing assistance comes in many forms

The type of help a person is eligible to receive depends on their circumstances. Some programs provide a one-time financial boost while others offer monthly rent subsidies or permanent housing that may include supportive services for veterans and people who are chronically homeless.

The largest and most well known of the housing assistance programs is the federally funded Housing Choice Voucher program, often referred to as Section 8. It pays rent subsidies to private landlords through a network of 2,100 state and local public housing agencies across the country.

Under the program, tenants may pay a share of the rent, and the local public housing authority pays the rest directly to the landlord.

Unfortunately, some renters who receive financial help still face hurdles from landlords who don’t want to accept vouchers. Some landlords also refuse to count Social Security, child support, public assistance, alimony or palimony and other legal sources of income in determining whether a renter is qualified.

In a growing number of places, these denials are illegal.

More laws ban discrimination based on income source

To protect renters, state and local governments have adopted laws barring landlords from refusing to rent to people based on the source of their income.

As of February 2021, 18 states, more than 90 cities and counties, and Washington, D.C. have passed source-of-income discrimination laws, according to the Poverty & Race Research Action Council.

The laws can differ from place to place.

For example, some places only protect sources of public assistance, such as those provided through housing vouchers  and rapid re-housing and permanent supportive housing programs. Other places — such as Washington, D.C., New Jersey and St. Louis, Missouri — protect a broader range of income sources, such as alimony or palimony. Laws in other places do not require landlords to participate in rental assistance programs like housing vouchers.

Some of the laws carry hefty penalties for landlords who violate them. Landlords in Washington state who violate the state’s source-of-income law can be held responsible for more than four times the monthly rent, plus court costs and attorney fees.

In Washington, D.C., individuals who violate the D.C. Human Rights Act are subject to damages and civil penalties ranging from $10,000 to $50,000 per discriminatory act.

A quick way to see whether a rental home is located in a place that bans income-based discrimination is to check for Local Legal Protections on the rentals listings at Zillow.com. (Details on how to check can be found here.)

Know and exercise your rights

If you use a voucher to pay your rent or rely on sources of income other than employment income, it’s important to know — and exercise — your rights under the housing laws.

“When there is discrimination, it’s important to stand up and fight, and to know your rights so you can stand up and protect the roof over your head,’’ says Keenya Robertson, president and CEO of HOPE Inc. Fair Housing Center, a not-for-profit agency in Florida that fights housing discrimination in Miami-Dade and Broward counties.

If you feel you’ve been discriminated against based on the source of your income, contact your state or local civil rights or human rights agencies, or the attorney general’s office in your state or Washington, D.C.

Robertson advises that the local agency that manages the housing vouchers may be able to refer you to agencies that can help. The National Fair Housing Alliance also provides a list of local fair housing advocacy organizations on their website.

“When you fight discrimination,’’ says Robertson, “you not only help yourself; you’re helping other people maintain their housing too.”