Do landlords have to accept Section 8?
The answer comes down to source-of-income law, which depends on where you live. Here is where a landlord can, and cannot, refuse a voucher.
In much of the country, whether a landlord must accept a housing voucher comes down to one thing: whether the state or city has a source-of-income (SOI) protection. Where the law covers the property, refusing an applicant because they use a voucher can be unlawful. Exemptions, local rules and court decisions can affect the result.
New York City and New York State: protected
NYC and New York State protect many applicants who use vouchers. Coverage and exemptions depend on the property and the applicable law. Keep a copy of a refusal and contact the civil-rights agency or local legal aid to check your options.
Elsewhere: it varies
A growing number of states and many cities and counties have source-of-income laws that cover housing vouchers, but many places still have none, and some state laws limit local protections. Because coverage changes and depends on the exact address, check your state and city rules, or ask a local fair-housing or legal-aid office, before assuming either way.
What source-of-income discrimination looks like
Where SOI protections apply, all of the following are generally unlawful:
- Advertising "no vouchers," "no programs," or "no Section 8."
- Refusing to rent, or to show a unit, once a voucher comes up.
- Setting different rent, deposit, or terms for a voucher holder.
- Ending the process as soon as an applicant mentions a subsidy.
Frequently asked questions
Do landlords have to accept Section 8?
It depends on where the apartment is. Where a source-of-income law covers the property, a landlord cannot refuse you simply because you would pay with a housing voucher. New York City and New York State protect many applicants, but exemptions and court rulings can affect a particular case. Elsewhere, check state and local law.
What is source-of-income discrimination?
It is refusing, or offering worse terms to, a rental applicant because of a lawful income source such as a housing voucher, disability benefits, or child support. Ads that say "no programs," "no vouchers," or "no Section 8" are a common example, and they are unlawful where source-of-income protections apply.
Is it illegal to refuse Section 8 in New York?
New York City and New York State laws protect many voucher applicants. Coverage depends on the property and the applicable law; it is not a guarantee that every property is covered. Ask the civil-rights agency or legal aid about a specific refusal.
What should I do if a landlord refuses my voucher?
Where you are protected, keep a record of the refusal (a text, email, or listing screenshot) and file a complaint with your local human-rights or fair-housing agency. In New York City you can contact the NYC Commission on Human Rights. Using a voucher-friendly marketplace also helps you skip landlords who will not accept vouchers in the first place.
Reviewed October 20, 2026 against the NYC Commission on Human Rights guidance. This guide is general information, not legal advice. Laws change and vary by location, so confirm the current rules for your address before acting on a rejection.
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