When Landlords Can Decline Section 8 Vouchers

Answer

The Section 8 Housing Choice Voucher program helps low‑income tenants pay rent, but private landlords aren’t federally required to participate. Whether a landlord can refuse Section 8 depends on program rules and local laws.

At the federal level, housing authorities administer vouchers under the U.S. Department of Housing and Urban Development (HUD). Landlords choose whether to accept vouchers—they must meet HUD’s property standards and rent‑reasonableness criteria, but no statute forces private owners to opt in. A landlord may lawfully decline vouchers if:

• The unit doesn’t meet HUD requirements. HUD conducts inspections to verify health and safety standards. Failing an inspection gives the landlord grounds to refuse participation.
• Rent exceeds HUD’s rent‑reasonable limit. HUD compares similar local units. If the requested rent is too high, landlords must lower it or decline the voucher.
• Personal business decision. Owners may opt out of voucher tenants—unless restricted by local “source of income” protections.

State and local ordinances can change the picture. Over a dozen jurisdictions—such as New York City, Seattle and Washington, D.C.—bar landlords from rejecting tenants based solely on voucher status. In these places, landlords who refuse may face fines or legal action. Always check your local housing authority or human rights commission for “source of income” laws.

Landlords must still follow all fair housing rules: they cannot use Section 8 status to discriminate against protected classes under the Fair Housing Act. Nor may they impose different lease terms or screen voucher holders more strictly than other applicants.

Decisions around Section 8 involve both federal program requirements and local regulations. Before setting a policy, landlords are recommended to verify local ordinances and discuss terms with the administering Public Housing Agency. Tenants are advised to consult their PHA or a fair housing organization for guidance on rights and application steps.

For more details, visit the HUD Housing Choice Voucher page: hud.gov/section8. It’s advisable to consult a licensed attorney or local housing authority before finalizing lease agreements.