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Section 8 and Fair Housing Laws

By
Real Estate Agent with RE/MAX Properties, Inc., ABR, GRI, SRES

There is a real estate company in Colorado Springs that also offers rental properties and if people call to inquire if there are any available properties that accept Section 8, the answer they will get is "I'm sorry, we don't have any Section 8 properties available at this time."  Well, the truth is they NEVER have Section 8 properties because they don't want to deal with Section 8!  This really hits a nerve with me because I used to work with Section 8 clients in my former job and they should not be discriminated against.  The brokerage is lying when they say there are no properties available and I think they say that to avoid getting in any kind of trouble. 

So how does all of this fit in with Fair Housing Laws?  From what I understand, not accepting Section 8 does not necessarily violate Fair Housing Laws but what if a landlord does not accept a family who has Section 8?  Under Fair Housing, it is discriminatory not to allow a family to rent or buy in a certain area or apartment complex (unless it is designated as different; i.e. retirement community).  So in my opinion, not accepting a family as renters because they have Section 8 should be a violation.

So why would the property management division of this real estate company not take Section 8?  I can think of a couple reasons.  First off, any time a Section 8 renter locates a property to rent; it must be approved by the Colorado Spring Housing Authority first.  The property is inspected to ensure it is safe, sanitary, and habitable before the lease is signed.  If the property does not pass inspection, the Section 8 recipient cannot rent the property.  If it passes inspection, the Housing Authority will pay a portion of the rent amount for the Section 8 resident to the landlord each month.  Many of the properties located in Colorado Springs that this brokerage manages are not in the best condition and my guess is, they do not want to deal with the inspections.  Secondly, Section 8 is granted to individuals who could not otherwise afford housing on their own and there is somewhat of a stigma attached to Section 8 recipients.  These negative stereotypes of Section 8 renters are often false and it is wrong to assume they will be a difficult tenant or not pay their rent just because they receive Section 8. 


For further information on available Real Estate in Colorado Springs contact your Colorado Springs Realtor, Patricia Beck.

Comments (8)

Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes
So basically it sounds like they are saying they do not have them because they are more work?
Mar 21, 2008 07:19 AM
Patricia Beck
RE/MAX Properties, Inc., ABR, GRI, SRES - Colorado Springs, CO
Colorado Springs Realty

Bob and Carolin- I think that is why the company does not have them.

Mar 21, 2008 08:23 AM
Jason Rose
123 ConEd LLC -- Michigan real estate continuing education - Farmington Hills, MI
www.123ConEd.com

Hi Patricia.  This was a great posting, which raised some good questions. 

From what I understand, there is currently no federal law that prohibits discrimination based on “source of income” or that protects low-income families from discrimination in housing. There are, however, several cities in many states (Michigan, for example) that have local ordinances that prohibit discrimination in housing based on “source of income” (for example, Lansing, Michigan). So unless the property is located in one of those cities, you do not need to rent to someone with a Section 8 voucher. But, if applicants are qualified, it does not make good business sense to turn them away just because they have a Section 8 voucher?

As you pointed out, people might be able to make out a Fair Housing violation case if they allege that the reason they were turned down for housing was for a reason other than the "source of income."  For example, maybe they could allege they were turned down because they had children, which is a violation of the familial status portion of the FHA.

Feb 11, 2009 12:05 AM
Patricia Beck
RE/MAX Properties, Inc., ABR, GRI, SRES - Colorado Springs, CO
Colorado Springs Realty

Jason- Thank you for commenting and providing valuable information!  With Section 8 involved the property management company can count on getting a rent check every month and that is definitely a benefit.

Feb 11, 2009 12:30 AM
Anonymous
Anonymous

A bit late on the response, but.... the reference to the Lansing, Michigan, ordinance that prohibits discrimination based on "source of income" is not quite accurate.  It says that no one can be denied housing based on any legal source of income.  However, there is a specific exception within the ordinance that says no landlord is required to participate in or accept Section 8.  I know this because my wife and I are relatively new owners/landlords of single family homes and had to verify what the law is.  I'm guessing that other municipalities with a similar ordinance may also include this exception.

Jun 28, 2009 10:36 AM
#5
Patricia Beck
RE/MAX Properties, Inc., ABR, GRI, SRES - Colorado Springs, CO
Colorado Springs Realty

That is interesting, I wasn't aware of that exception.  Thank you for the information!

Jul 02, 2009 01:15 PM
Anonymous
calvin

They really discrimiate against you in colorado springs,we are stuck in a house that has 6 different type of molds amd there are 2 pine tree that are also an issue to my health,we have been searching for a 3 bedroom house for over a year,Let me tell you about section 8 housing ,no one in colorado springs will accepy it,I have worked for 45 years of my life,my wife and i have 3 children ages 10,8,6.very well mannered little ladies,we teac our kids to respect everything and everyone.MY wife is employed part time because of the winter season and bookings at the esablishment where she is employed,she is also a full time medical student at a local college,I am a disabled chef of almost 25 years,I had a pacemaker implant due to bradycardia and was diagnosed with severe arthritis of the lower lumbar,it is hard to bend and stoop,during the summer to supplemennt my income i cater special events through the city,I have 3 college degrees and i am a vetran of the U.S.Navy.I did not ask to be disabled after attending 2 years of medical school but at 61 years old what can you expect.We are very clean people and maintain the section 8 house that we ren because the management company doesnt do anything.Well being Black does not help the situation either,the sterotype that is instilled into the minds of white people that we are nasty and lazy and will destroy the property,its just another form of racism in this country,we are not felons,theives or thugs and should not be judged by the color of our skin.Yes there are some disrespeful people of all races but we should not be forced to live in housing that you would not accept for your family,I cant believe the racism that has developed in the ast few years.Its becoming a lot like 1944 for Blacks in this country again,discrimination and racism is that what America breeds?

Jan 08, 2016 03:57 AM
#7
Anonymous
Calvin Powell

Section 8 is a farce in colorado springs,the voucher is worthless,no one will rent to you or they tell you,you have to make 3 times the amount of the rent.The housing office in colorado springs needs to be closed down,,they are not doing what they are paid for.They don't help clients they give you a bunch of papers and send you on your way knowing there ate no section 8 rentals available The contact sheet for a list for section 8 clients is bogus no one accepts section 8 on the list.it took me10 years to get a voucher and other people got them in less than 6 months.The city council seems to be developing a plan to chase the poor out of colorado springs racism in the housing. Industry is in full bloom and they don't have the common sense to figure out they are the problem for the homeless situation in the springs tourist attractions seem to be more important than affordable housing these old geesers need to be replaced along with ben carson who's got his hand in the pot.

Jul 24, 2018 11:18 AM
#8