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March 2017 Legal Tidbit

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Question: Must I accept an applicant who will use a Section 8 voucher to pay his/her rent?

Answer: Generally, no. Because of the additional obligations imposed on a landlord in the acceptance of Section 8 voucher tenants, such as the requirement to enter into a “HAP Agreement” with, and submit to a property inspection by, the administering housing authority, a landlord is not obligated to accept Section 8 voucher tenants. However, the U.S. Housing Act does require landlords to accept a new Sec. 8 applicant when the property has accepted other such applicants. So, generally, it is “take one, take all.” This rule is narrow, however. A landlord who allowed some existing tenants who ran into financial problems to use Sec. 8 vouchers may still refuse to accept a new applicant for housing who would use a Sec. 8 voucher, even where the applicant sought the use of the voucher as a reasonable accommodation of a disability. Efforts by some cities to require landlords to accept Sec. 8 vouchers have so far been unsuccessful.

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