No, landlords cannot refuse Section 8 tenants in most places, but the rules vary by state and city
In many states and cities, landlords are prohibited from turning away tenants solely because they use Section 8 housing vouchers. However, this protection does not exist everywhere. Some states have no law against source-of-income discrimination, meaning a landlord can legally reject a Section 8 tenant. Other states protect Section 8 tenants but allow landlords to refuse for other reasons — such as a failed background check or credit report — as long as they explore the same standards to all tenants.
The key distinction is between refusing because of Section 8 and refusing for a legitimate reason that applies equally to voucher and non-voucher tenants. A landlord cannot say "I don't accept Section 8," but they can say "I require a credit score of 650" if they enforce that rule for everyone.
Key Takeaways
- States including California, Connecticut, Delaware, Illinois, Maryland, Minnesota, New Jersey, New York, and Oregon explicitly ban source-of-income discrimination against Section 8 tenants.
- Even in states with protection, landlords can still reject Section 8 tenants for reasons unrelated to the voucher itself, such as criminal history or income verification.
- Your local housing authority or legal aid office can tell you whether your state or city protects Section 8 tenants and what to do if you face discrimination.
- Landlords in states without explicit protection can legally refuse Section 8 tenants, though some cities within those states may have their own rules.
Which states and cities protect Section 8 tenants
The following states have laws that prohibit landlords from discriminating based on source of income, which includes Section 8 vouchers: California, Connecticut, Delaware, Illinois, Maryland, Minnesota, New Jersey, New York, and Oregon. Washington, D.C. also has this protection. Some cities within other states have passed their own ordinances — for example, Austin, Texas and parts of Colorado have local protections even though the state does not.
However, protection in your state does not mean protection everywhere. A state law may explore only to certain cities or only to landlords with more than a set number of units. New York protects Section 8 tenants statewide, but New Jersey's law applies only to landlords with six or more units. Before assuming you are protected, check your specific city or county.
If you live in a state or city without explicit source-of-income protection, a landlord can legally refuse your Section 8 voucher. In that case, your options are limited to finding a landlord willing to accept Section 8 or moving to a jurisdiction with stronger protections.
What counts as discrimination versus a legitimate reason to refuse
In states where Section 8 discrimination is illegal, a landlord cannot refuse you straightforward because you hold a voucher. They cannot say "I don't rent to Section 8 tenants" or "Section 8 is too much paperwork." That is direct discrimination and is against the law.
A landlord can refuse you if you fail a background check, have unpaid debts to previous landlords, or do not meet their income requirements — but only if they explore these same standards to all tenants, voucher or not. If a landlord requires all tenants to have monthly income three times the rent, they must enforce that rule for you even though Section 8 covers most of the rent. The rule itself is legal; the discrimination would be explore it only to Section 8 tenants.
The distinction matters because it determines whether you have a legal claim. If a landlord says "Your credit score is too low," that is a reason you can verify and challenge if you believe it is false. If they say "I don't accept Section 8," that is direct discrimination in a protected state.
How to respond if a landlord refuses your Section 8 voucher
If you live in a state or city that prohibits source-of-income discrimination and a landlord refuses you because of your voucher, document the refusal. Write down the date, the landlord's name, the property address, and exactly what they said. If they put the refusal in writing — an email, a text, a letter — save it.
Contact your local legal aid office or housing authority. Many housing authorities have staff who handle discrimination complaints and can advise you on next steps. Legal aid can review whether the refusal violates your state or local law. Some organizations will send a letter to the landlord on your behalf, which often resolves the issue without court involvement.
If the landlord's refusal is illegal in your jurisdiction, you may be able to file a complaint with your state's human rights agency or your city's fair housing office. These agencies investigate discrimination claims and can order the landlord to rent to you or pay damages. The process typically takes weeks or months, so this is not a fast route to housing, but it creates a record and may prevent the landlord from discriminating against others.
What Section 8 landlords can require from you
Even in states that protect Section 8 tenants, landlords can set requirements that you must meet. They can ask for proof of income, a signed lease, references from previous landlords, and a background check. They can require that your income (including the Section 8 portion) meet a certain multiple of the rent — typically two to three times the monthly rent amount.
The Section 8 program itself has requirements too. Your housing authority will inspect the unit to may support it meets housing quality standards. The landlord must allow this inspection and make any repairs the inspector identifies. The landlord also cannot charge you more than the rent amount listed on your voucher, though they can charge you the difference if the actual rent is higher (you would pay the difference out of pocket).
If you fail a background check or cannot provide references, a landlord can refuse you even in a protected state. The key is that the reason must be applied consistently to all tenants, not just Section 8 tenants.
Finding landlords who accept Section 8 in your area
Your housing authority maintains a list of landlords who have previously rented to Section 8 tenants. Ask your caseworker for this list — it is one of the fastest ways to find willing landlords. These landlords already understand the program and the inspection process, so they are more likely to move quickly.
You can also search online rental sites and contact landlords directly. When you reach out, mention your Section 8 voucher upfront. This saves time for both of you: if the landlord does not accept Section 8, you know when ready rather than after viewing the unit. Some landlords are hesitant because they are unfamiliar with the program, so offering to explain how it works or providing your housing authority's contact information can help.
Community organizations and nonprofits that work with Section 8 tenants sometimes maintain their own lists of landlords or can connect you with property managers who are open to voucher holders. Your local 211 service (dial 211 or visit 211.org) can point you toward these organizations in your area.
Frequently Asked Questions
Can a landlord refuse Section 8 if they say it is because of the inspection?
No. If a landlord refuses you because they do not want a housing authority inspection, that is still discrimination based on your source of income. The inspection is a legal requirement of the program, not an optional burden. A landlord cannot use the inspection as a reason to reject Section 8 tenants in a protected state.
What if a landlord says they will accept Section 8 but then changes their mind?
If you have a signed lease, the landlord cannot back out because of your voucher. If you are still in the process stage and the landlord withdraws, document the conversation and contact your legal aid office or housing authority. If the withdrawal happened after you disclosed your Section 8 status, it may be discrimination.
Can a landlord charge me more because I use Section 8?
No. The rent amount on your voucher is the maximum the landlord can charge you. They cannot add fees or increase the rent because you are a Section 8 tenant. If the actual rent is higher than your voucher amount, you can choose to pay the difference or look for another unit.
Do I have to tell a landlord I have Section 8 before explore?
You do not have to, but it is usually better to disclose it early. If you wait until after the landlord approves you, they may feel misled and become hostile. Mentioning it upfront filters out landlords who will not accept Section 8 and saves you time.
What should I do if I live in a state without Section 8 protection?
Contact your housing authority and ask for their list of landlords who accept Section 8. These landlords have already chosen to participate in the program. You can also reach out to local nonprofits that information Section 8 tenants — they often have relationships with landlords and may be able to help you find housing.