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 income | 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. Source: Mont. Code Ann. § 49-2-305 |
|---|---|
| Eviction record sealing | No statute found providing for sealing or masking eviction court records. |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases found. |
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?
Montana vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| 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) |
| 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 |
| North Dakota | Yes, 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 Dakota | No. 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 yet | No statewide right to counsel in eviction cases. SDCL Chapter 21-16 |
| 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 |
More Montana rental law
- Montana Security Deposit Law
- Montana Eviction Laws
- Montana Notice to Vacate Rules
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- Montana Repairs & Tenant Remedies
- Montana Rent Increase & Late Fee Laws
- Breaking a Lease in Montana
- Squatters' Rights in Montana
- Montana Rental Fee Rules
- Montana Mold, Pests, Heat & AC Rules
- Montana Privacy, Guests & Animal Rules
- Montana Landlord Selling the House
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- Montana Subletting, Lease Endings & Tenant Death
- All Montana landlord-tenant rules
- Free legal help in Montana
Compare section 8, records & right to counsel in all 50 states and DC →
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.