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Montana Section 8, Records & Right to Counsel

Montana 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. 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

The rules in Montana

Statewide ban on refusing Section 8 / source of incomeNo. 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.
Eviction record sealingNo statute found providing for sealing or masking eviction court records.
Right to a lawyer in evictionNo statewide right to counsel in eviction cases found.

Related questions

Montana vs. neighboring states

Section 8, Records & Right to Counsel: Montana vs. neighboring states
StateStatewide ban on refusing Section 8 / source of incomeEviction record sealingRight to a lawyer in eviction
MontanaNo. 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)
IdahoNo. 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
North DakotaYes, for public assistance. Refusing to rent, or setting different terms, because of a person's 'status with respect to public assistance' is illegal. The definition expressly includes being a tenant who receives federal, state, or local subsidies, including rental assistance or rent supplements, so housing vouchers are covered. The law does not cover other lawful income in general.
N.D.C.C. §§ 14-02.5-02, 14-02.5-03; § 14-02.4-02(19)
By motion only, not automatic. A person evicted for nonpayment or property damage who has resolved all rent and damage claims may ask the court to seal all records of the eviction 7 years after the eviction order was satisfied, if they have not been evicted from another property during those 7 years. A domestic violence victim evicted because of a DV incident may move to seal the records once the assailant is convicted of domestic violence or a protection or restraining order is issued against the assailant.
N.D.C.C. § 47-32-05
No statute. North Dakota has no statewide right to a lawyer in eviction cases.
N.D.C.C. ch. 47-32 (no counsel provision)
South DakotaNo. South Dakota's housing discrimination law covers race, color, creed, religion, sex, ancestry, disability, familial status and national origin, but not source of income or vouchers.
SDCL 20-13-20
Not verified yetNo statewide right to counsel in eviction cases.
SDCL Chapter 21-16
WyomingNo statewide source-of-income or voucher protection found.
Wyo. Stat. 1-21-1201 to 1-21-1211
Not verified yetNo 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

More Montana rental law

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Montana Section 8, Records & Right to Counsel FAQ

Is it illegal for a landlord to refuse Section 8 vouchers in 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)
Can an eviction record be sealed or removed in Montana?
No statute found providing for sealing or masking eviction court records. (Mont. Code Ann. Title 70, Ch. 24 (section list reviewed))
Do tenants have a right to a free lawyer in eviction cases in Montana?
No statewide right to counsel in eviction cases found. (Mont. Code Ann. Title 70, Ch. 24 (no counsel provision))

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.