Idaho Section 8, Records & Right to Counsel
Idaho rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No. The Idaho Human Rights Act's housing protections cover race, color, religion, sex, national origin (and disability/familial status provisions), not source of income. Idaho Code §§ 67-5909, 55-306
The rules in Idaho
| Statewide ban on refusing Section 8 / source of income | No. The Idaho Human Rights Act's housing protections cover race, color, religion, sex, national origin (and disability/familial status provisions), not source of income. Since 2025, local governments may not require owners to participate in optional federal housing assistance programs (e.g., Housing Choice Vouchers). Source: Idaho Code §§ 67-5909, 55-306 |
|---|---|
| Eviction record sealing | Automatic shielding (no petition) for unlawful detainer cases filed on or after Jan. 1, 2025, if the entire case was dismissed, no appeal is pending, and either 3 years have passed since filing or the parties filed a stipulation to shield. Shielded records are removed from public view but remain available to the parties and court staff. Any party may also petition to seal eviction records under Idaho Supreme Court administrative rules. Added 2024, ch. 269. Implementation is subject to Supreme Court rules and court record-system capabilities (§ 6-303A(3)). Source: Idaho Code § 6-303A |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Idaho vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Idaho | No. The Idaho Human Rights Act's housing protections cover race, color, religion, sex, national origin (and disability/familial status provisions), not source of income. Since 2025, local governments may not require owners to participate in optional federal housing assistance programs (e.g., Housing Choice Vouchers). Idaho Code §§ 67-5909, 55-306 | Automatic shielding (no petition) for unlawful detainer cases filed on or after Jan. 1, 2025, if the entire case was dismissed, no appeal is pending, and either 3 years have passed since filing or the parties filed a stipulation to shield. Shielded records are removed from public view but remain available to the parties and court staff. Any party may also petition to seal eviction records under Idaho Supreme Court administrative rules. Idaho Code § 6-303A | Not verified yet |
| Montana | No. Montana's housing discrimination law covers sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, and national origin, but not source of income or housing vouchers. Mont. Code Ann. § 49-2-305 | No statute found providing for sealing or masking eviction court records. Mont. Code Ann. Title 70, Ch. 24 (section list reviewed) | No statewide right to counsel in eviction cases found. Mont. Code Ann. Title 70, Ch. 24 (no counsel provision) |
| Nevada | No. Nevada's fair housing statute covers race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status and sex, but not source of income or housing vouchers. NRS 118.100 | Yes, automatic in some cases and by motion in others. Summary-eviction court files are sealed automatically when the case is dismissed; 10 judicial days after the court denies the eviction; or 31 days after the tenant files a contest affidavit if the landlord does not file a complaint within 30 days. Files from evictions granted during the COVID-19 emergency (Mar. 12, 2020 - May 20, 2022) were sealed automatically. The court may also seal a file on the parties' written stipulation, or on the tenant's motion if the eviction should be set aside under JCRCP 60 or sealing is in the interests of justice (considering circumstances beyond the tenant's control, other extenuating circumstances, and time elapsed). A sealed case is treated as never having occurred. Notices to surrender may not be made publicly available unless filed in an unsealed case. NRS 40.2545 | No statewide statutory right to counsel in eviction cases found. NRS Ch. 40 and 118A (no counsel provision) |
| Oregon | Yes, statewide. Refusing to rent, setting different terms, or expelling based on source of income is prohibited; 'source of income' includes Section 8 (42 U.S.C. 1437f) and any other local, state or federal housing assistance (but not income from a specific occupation or illegal income). Landlord may still refuse based on inability to pay rent, counting the value of the housing assistance. ORS 659A.421 | Yes. By motion (no filing fee): court must set aside the judgment and seal records if the tenant won or the case was dismissed; if a stipulated judgment was complied with; or if a restitution judgment's money award is satisfied and 5 years have passed (or the claims arose April 1, 2020 - March 1, 2022). Automatic: each court must annually set aside and seal FED judgments with no unpaid money award where the landlord won 5+ years ago or the defendant won/dismissal 12+ months ago. Once sealed, the judgment is deemed not entered. ORS 105.163; ORS 105.164 | No statewide right to counsel in eviction cases. ORS ch. 90; ORS 105.100-105.168 |
| Utah | Yes. The Utah Fair Housing Act prohibits refusing to rent, discriminating in terms, and discriminatory advertising or application forms because of source of income, defined as the verifiable condition of receiving federal, state, or local assistance or being a tenant receiving government subsidies, including rental assistance or rent supplements. The state act preempts local housing-discrimination ordinances. Utah Code 57-21-5(1); 57-21-2 (definition); 57-21-2.5 | Yes. Automatic: without a petition, the court must expunge all records of an eviction filed on or after July 1, 2022 if the entire case was dismissed, no appeal is pending, and at least 3 years have passed since filing, or if the parties filed a stipulation to expunge. By petition: any party may petition to expunge a holdover or nonpayment eviction once any judgment is satisfied; the court must expunge if no written objection is filed within 60 days (an objection blocks expungement). Courts publish a list of expunged evictions; agencies and tenant screening companies must remove them within 30 days, and the eviction is treated as never having occurred. Utah Code 78B-6-850 to 78B-6-854 | Not verified yet |
| Washington | Yes, statewide. Landlords may not refuse to rent, evict, set different terms or fees, discourage, misrepresent availability, or advertise preferences based on a tenant's source of income, which includes housing assistance (e.g., vouchers), public assistance, emergency rental assistance, veterans benefits, Social Security/SSI and other federal, state, local or nonprofit programs. If an income threshold is used, the voucher/subsidy must be subtracted from the rent before applying it. Narrow exception where the subsidy requires an inspection and repairs would cost more than $1,500 and mitigation funds were not received. Liability up to 4.5 times monthly rent plus costs and attorney's fees. RCW 59.18.255 | By court order only (no automatic sealing). A court may order an unlawful detainer action to be of 'limited dissemination' if the landlord's case was sufficiently without basis in fact or law, the tenancy was reinstated under RCW 59.18.410 or other law, or other good cause exists. The order must be in writing. Tenant screening companies may then not disclose the case or use it in any score or recommendation. RCW 59.18.367 | Yes, statewide (2021 c 115). Subject to appropriated funds, the court must appoint an attorney for an indigent tenant in an unlawful detainer case under chapters 59.18, 59.12 and 59.20 RCW, administered by the Office of Civil Legal Aid. Indigent means receiving specified public assistance (e.g., TANF, SSI, Medicaid, food assistance) or having after-tax income at or below 200% of the federal poverty level. RCW 59.18.640 |
| Wyoming | No statewide source-of-income or voucher protection found. Wyo. Stat. 1-21-1201 to 1-21-1211 | Not verified yet | No statewide right to counsel in eviction cases. Tenants need not file a written answer to participate fully in the trial. Wyo. Stat. 1-21-1001 to 1-21-1017; 1-21-1004 |
City rules that may add to state law
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Compare section 8, records & right to counsel in all 50 states and DC →
Idaho Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Idaho?
No. The Idaho Human Rights Act's housing protections cover race, color, religion, sex, national origin (and disability/familial status provisions), not source of income. Since 2025, local governments may not require owners to participate in optional federal housing assistance programs (e.g., Housing Choice Vouchers). (Idaho Code §§ 67-5909, 55-306)
Can an eviction record be sealed or removed in Idaho?
Automatic shielding (no petition) for unlawful detainer cases filed on or after Jan. 1, 2025, if the entire case was dismissed, no appeal is pending, and either 3 years have passed since filing or the parties filed a stipulation to shield. Shielded records are removed from public view but remain available to the parties and court staff. Any party may also petition to seal eviction records under Idaho Supreme Court administrative rules. (Idaho Code § 6-303A)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.