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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 one exists, refusing an applicant because they pay with a Section 8 or other voucher is illegal. Where one does not, a landlord can legally say no.

New York City and New York State: protected

Refusing a voucher is illegal. NYC protects lawful source of income under the NYC Human Rights Law, and New York State added a statewide protection in 2019. If a landlord in New York turns you away for having a voucher, that refusal may be unlawful.

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. In places with a source-of-income law, including New York City and all of New York State, a landlord cannot refuse you just because you would pay with a Section 8 or other housing voucher. In places without such a law, a landlord may legally decline vouchers.

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?

Yes. New York City has protected lawful source of income under the NYC Human Rights Law for years, and New York State added a statewide protection in 2019. A landlord in New York cannot reject you for using a voucher.

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.

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.

More guides

Housing voucher programs explained

What Section 8, CityFHEPS, FHEPS, HASA, SOTA, and VASH are, who qualifies for each, and how they pay rent.

CityFHEPS vs Section 8: what is the difference?

A side-by-side comparison of CityFHEPS and Section 8: who runs each program, who qualifies, how much rent they pay, and how to use them in NYC.

How to find a landlord who accepts Section 8

A step-by-step guide to finding voucher-friendly apartments and landlords who accept Section 8 and city vouchers.

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