Possible Legal Issues Facing Landlords Who Choose Not to Accept Federal Housing Vouchers

Dissatisfied with the amount of private housing available for low-income individuals and families receiving public assistance, 14 states, the District of Columbia, and 34 local jurisdictions have passed laws prohibiting housing discrimination based on source of income. To the extent source of income protections include HCVP vouchers, they require private landlords to accept the vouchers. Some landlords have challenged such laws, claiming that they conflict with the legislative intent behind the HCVP, which, they contend, Congress intentionally made a voluntary program. Four state supreme courts have upheld the laws, finding that, although Congress intended that HCVP would be voluntary, nothing in the HCVP prohibits states and local jurisdictions from making the HCVP mandatory in their jurisdictions. In a few cases, individuals have sued landlords who choose not to accept HCVP vouchers or who discontinue accepting them, claiming that failure to accept the vouchers constitutes a violation of the Fair Housing Act (FHA). The FHA prohibits discrimination based on race, color, national origin, sex, familial status, and disability. These individuals have claimed that refusing to accept HCVP vouchers has a disparate impact on a protected class and thus violates the FHA. Such challenges have not been successful. Bills: H.R. 3030, S. 1605


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Possible Legal Issues Facing Landlords Who Choose Not to Accept Federal Housing Vouchers  [Order No: R42151  Release Date: Jan 17,2012  Pages: 10]