Can a landlord refuse Section 8?
Short answer: Federal law does not require landlords to accept housing vouchers, but a number of states and many cities ban refusing tenants because they pay with Section 8 or other lawful income.
Check your city page too: many cities protect voucher holders even where the state does not.
The rule in every state
Each answer below links to the statute or official page it comes from (49 of 51 jurisdictions verified).
| State | Section 8 / source of income |
|---|---|
| Alabama | No. Alabama's Fair Housing Law covers race, color, religion, sex, familial status, national origin and handicap only; it does not protect source of income or housing-voucher holders. Ala. Code § 24-8-4 |
| Alaska | No. State fair housing law bars refusing to rent because of sex, race, religion, national origin, color, physical or mental disability, pregnancy, marital status, or change in marital status. Source of income and housing vouchers are not on the list. AS 18.80.240 |
| Arizona | No. Arizona has no statewide ban on source-of-income discrimination. The state fair housing act protects race, color, religion, sex, familial status, and national origin (and disability under separate sections), but not source of income or voucher use. A.R.S. § 41-1491.14 |
| Arkansas | No. Arkansas has no statewide ban on refusing tenants who pay with housing vouchers (Section 8) or other lawful income. Source of income is not a protected class under the Arkansas Fair Housing Act. Ark. Code § 16-123-310 |
| California | Yes. Statewide, owners may not discriminate in housing because of source of income, or advertise a preference based on it. Source of income means lawful, verifiable income paid to the tenant or a representative, or paid to the landlord for the tenant. It includes federal, state, and local public assistance and housing subsidies, including Section 8 vouchers. HUD-VASH vouchers are expressly included. When there is a government rent subsidy, the owner may not apply income standards to the full rent rather than the tenant's share. Since January 1, 2024 (SB 267), the owner also may not use credit history without offering the applicant the option to show ability to pay the tenant's share with alternative evidence (such as benefit records, pay records, or bank statements), and must reasonably consider that evidence. Cal. Gov. Code §§ 12955(a), (c), (o) (as amended by SB 267, Stats. 2023, ch. 776); 12927(i) |
| Colorado | Yes. Colorado's fair housing law bars refusing to rent, setting different terms, using discriminatory ads, or falsely saying a unit is unavailable because of a person's source of income. Source of income means any lawful, verifiable source of money, including wages and any government or private assistance, grant, or loan program such as housing vouchers. Landlords may still check credit if they check every applicant. Exemptions: landlords with three or fewer rental units are exempt from the source-of-income provisions. A landlord with five or fewer single-family rental homes (and no more than five total units) need not accept federal housing choice vouchers for those homes. Applying the income-screening limits in § 38-12-904(1)(c)-(d) is also a source-of-income violation. C.R.S. §§ 24-34-501(4.5), 24-34-502(1)(l)-(q), (1.5), (1.7) |
| Connecticut | Yes. It is a discriminatory housing practice to refuse to rent to someone, or to treat them differently in rental terms or advertising, because of their 'lawful source of income.' This means income from Social Security, SSI, housing assistance (which includes vouchers), child support, alimony, or public or state-administered general assistance. A landlord may still deny solely for insufficient income. Exempt: renting rooms in an owner-occupied single-family home, and units in an owner-occupied two-family dwelling. Violation is a class D misdemeanor. Complaints go to the Commission on Human Rights and Opportunities. Conn. Gen. Stat. §§ 46a-64c(a), (b)(1), (b)(5), (c); 46a-63(3) |
| Delaware | Yes. Statewide ban on refusing to rent, or renting on different terms, because of source of income, defined to include any lawful income and rental payments from any government or private assistance program (covers housing vouchers). Landlords may still apply income-sufficiency and credit criteria in a commercially reasonable way without regard to source. A landlord may deny an application if a public housing authority fails to follow the standardized voucher tenancy-approval sequence. 6 Del. C. §§ 4602(29), 4603(b), 4607(h), (j); 25 Del. C. § 5116 |
| District of Columbia | Yes. The D.C. Human Rights Act bars refusing to rent or discriminating in terms because of source of income, and expressly treats Section 8 assistance paid to the owner (directly or through the tenant) as a source of income. Covers housing vouchers and other lawful income. D.C. Code § 2-1402.21(a), (e) |
| Florida | No. The Florida Fair Housing Act's protected classes are race, color, national origin, sex, disability, familial status and religion; source of income is not included. Fla. Stat. § 760.23 |
| Georgia | No statewide protection. Georgia's fair housing protected classes are race, color, religion, sex, national origin, familial status and disability; source of income (including vouchers) is not among them. Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq. (as summarized in DCA Landlord-Tenant Handbook, rev. 8-29-24, p. 4) |
| Hawaii | No statewide protection found. The fair housing law's protected classes in real estate transactions are race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; and HIV infection. Source of income and voucher status are not listed. HRS § 515-3 |
| 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 |
| Illinois | Yes. Since Jan. 1, 2023 the Illinois Human Rights Act bars refusing to rent, discriminatory terms, discriminatory ads or application forms, and screening criteria with a discriminatory effect based on 'source of income', defined as the lawful manner by which a person supports themselves and their dependents. 775 ILCS 5/1-103(O-5); 775 ILCS 5/3-102 (P.A. 102-896, eff. 1-1-23) |
| Indiana | No. Indiana has no statewide source-of-income protection, and local units may not adopt or enforce an ordinance that requires (or has the effect of requiring) a landlord to participate in Section 8 or a similar housing program. IC 36-1-3-8.5 |
| Iowa | No. Iowa has no statewide source-of-income protection, and since Jan. 1, 2023 cities and counties may not adopt or enforce ordinances barring landlords from refusing to rent to someone because they use a federal Housing Choice Voucher (existing local ordinances became void). Iowa Code §364.3(16) (cities); §331.304(13) (counties) |
| Kansas | No. The Kansas Act Against Discrimination's housing section covers race, religion, color, sex, disability, familial status, national origin, and ancestry only; source of income and housing vouchers are not protected statewide. K.S.A. 44-1016 |
| Kentucky | No. There is no statewide protection, and since 2024 local governments may not adopt or enforce ordinances that bar landlords from refusing to rent to someone whose rent is paid in part with a federal housing assistance program (e.g., Section 8 vouchers). This overrides the Louisville and Lexington source-of-income ordinances to the extent they cover federal housing assistance. KRS 65.874 (2024 Ky. Acts ch. 3, sec. 1, HB 18; emergency, veto overridden) |
| Louisiana | No statute — source of income is not a protected class under Louisiana's fair-housing law. The Louisiana Equal Housing Opportunity Act bars rental discrimination based on race, color, religion, sex, familial status, national origin, military status, natural/protective/cultural hairstyle, and disability, but not source of income or housing vouchers. Check local ordinances. La. R.S. 51:2606(A) |
| Maine | Yes. The Maine Human Rights Act makes it unlawful to refuse to rent to, or impose different tenancy terms on, someone who receives federal, state or local public assistance, including housing subsidies such as vouchers, primarily because they receive it. 5 M.R.S. § 4581-A(4) |
| Maryland | Yes (HOME Act). It is illegal to refuse to rent to someone, or discriminate in rental terms, because of source of income. 'Source of income' means any lawful source of money paid to or for a renter, including any government or private rental assistance and Housing Choice (Section 8) vouchers. Md. Code, State Gov't §§ 20-705, 20-701(j) |
| Massachusetts | Yes. It is unlawful to discriminate against a recipient of public assistance or a tenant receiving housing subsidies, including rental assistance or rental supplements, because of that status or because of any requirement of the assistance or subsidy program. This covers Section 8 and MRVP. G.L. c. 151B, § 4(10) |
| Michigan | Yes, effective Apr. 2, 2025. A landlord may not deny or end a tenancy, set different terms, fees or rent, misstate availability, advertise a preference, or try to discourage a tenant because of source of income, including vouchers and subsidies. If the landlord has an income threshold, it must count vouchers and subsidies when applying it (this does not cover emergency rental assistance). Exempt: landlords who, together with related entities, own fewer than 5 rental units in Michigan. MCL 554.601c (2024 PA 178) |
| Minnesota | Yes. It is an unfair discriminatory practice to refuse to rent to, or discriminate in terms against, a person because of 'status with regard to public assistance.' That status includes being a tenant receiving federal, state or local subsidies, including rental assistance or rent supplements, such as Housing Choice vouchers. Minn. Stat. §§ 363A.09, subd. 1; 363A.03, subd. 47 |
| Mississippi | Not verified yet |
| Missouri | No. Missouri has no statewide ban on refusing voucher holders. Since 28 Aug 2025, cities and counties (including charter governments) are also barred from enacting, keeping, or enforcing ordinances that stop landlords from refusing tenants whose rent is paid partly with federal or other housing assistance. Local ordinances protecting recipients of veterans' benefits remain allowed. RSMo 441.043.2(1), .4 (as amended by L. 2025 H.B. 595 & 343) |
| 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 |
| Nebraska | No. The Nebraska Fair Housing Act covers race, color, religion, national origin, disability, familial status, sex, and military or veteran status, but not source of income or housing vouchers. Neb. Rev. Stat. § 20-318 |
| 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 |
| New Hampshire | No. New Hampshire's fair housing law covers age, sex, gender identity, race, religion, color, marital status, familial status, physical or mental disability and national origin (and sexual orientation in advertising), but not source of income or housing vouchers. RSA 354-A:10 |
| New Jersey | Yes, statewide. The Law Against Discrimination bars refusing to rent because of the source of any lawful income or rent payment, including Section 8 and other federal, state or local vouchers and rental assistance, nonprofit rental assistance, disability and veterans' benefits, and court-ordered payments such as child support or alimony. Listings may not exclude these sources. Under amendments signed January 12, 2026 (effective immediately), a landlord may not refuse a lawful source of payment, and any minimum-income requirement or financial standard must be based only on the portion of the rent the tenant will pay. N.J.S.A. 10:5-5(yy), 10:5-12(g)(4) (Law Against Discrimination), as amended by P.L.2025, c.251 (approved Jan. 12, 2026) |
| New Mexico | No statewide protection. 2025 HB 339, which would have added 'source of income' as a protected category for housing under the Human Rights Act, died. A similar 2024 bill (HB 25) was reported as failing in committee. NMSA 1978, § 28-1-7 (no source-of-income category); 2025 HB 339 (died) |
| New York | Yes, statewide. Refusing to rent, or setting different terms, because of a person's 'lawful source of income' is an unlawful discriminatory practice. The definition includes child support, alimony, foster care subsidies, Social Security, any federal, state, or local public assistance or housing assistance, including Section 8 vouchers (whether or not paid directly to the landlord), and any other lawful income. N.Y. Exec. Law § 296(5)(a); § 292 (definition of 'lawful source of income') |
| North Carolina | No statewide protection. Since 2024 state law also bars counties and cities from adopting or enforcing ordinances that stop landlords from refusing tenants whose rent includes federal housing assistance (for example Section 8 vouchers). N.C. Gen. Stat. § 42-14.1(b) (S.L. 2024-47, s. 7) |
| 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) |
| Ohio | No. Ohio's fair housing law (§ 4112.02(H)) protects race, color, religion, sex, military status, familial status, ancestry, disability, and national origin. It does not cover source of income or voucher use. Ohio Rev. Code § 4112.02(H) |
| Oklahoma | No. Oklahoma's fair housing law protects race, color, religion, gender, national origin, age, familial status, and disability. It does not cover source of income or voucher use. 25 O.S. § 1452(A) |
| 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 |
| Pennsylvania | No statewide protection. The Pennsylvania Human Relations Act covers race, color, familial status, age, religious creed, ancestry, sex, national origin, handicap/disability and guide/support animal use, but not source of income or voucher use. 43 P.S. 955(h) (PHRA s. 5(h)) |
| Rhode Island | Yes, statewide. Refusing to rent, or inquiring about, 'lawful source of income' is an unlawful housing practice. Lawful source of income includes child support, alimony, Social Security, SSI, other public assistance, and any federal, state or local rental assistance or housing subsidy, including Section 8 Housing Choice Vouchers, and any requirement associated with those programs. R.I. Gen. Laws 34-37-4(a); 34-37-3(18) |
| South Carolina | No. The South Carolina Fair Housing Law protects race, color, religion, sex, familial status, national origin (among other protections), but not source of income or voucher use. S.C. Code 31-21-40 |
| 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 |
| Tennessee | No. The Tennessee Human Rights Act's housing provision covers race, color, creed, religion, sex, disability, familial status and national origin, but not source of income or vouchers. T.C.A. 4-21-601(a) |
| Texas | No. There is no statewide source-of-income protection, and cities and counties are barred from adopting ordinances that prohibit refusing a tenant because the tenant's income includes federal housing assistance (e.g., Section 8 vouchers). Local protections for veterans' income and voluntary voucher-incentive programs are still allowed. Tex. Local Gov't Code Sec. 250.007 |
| 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 |
| Vermont | Yes. It is unlawful to refuse to rent, set discriminatory terms, harass, or advertise a preference because a person receives public assistance, defined to include any federal, state, or local government assistance, including housing assistance. 9 V.S.A. § 4503(a); § 4501(6) |
| Virginia | Yes. The Virginia Fair Housing Law bars refusing to rent, discriminating in terms, discriminatory advertising, and misrepresenting availability because of 'source of funds'. Va. Code § 36-96.3(A) |
| 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 |
| West Virginia | Not verified yet |
| Wisconsin | Partly. Wisconsin's open housing law bars housing discrimination based on 'lawful source of income,' but a federal appeals court held that federal rent vouchers (Section 8) are not clearly within that term, so voucher refusals are not clearly prohibited statewide. Wis. Stat. 106.50; Knapp v. Eagle Property Management Corp., 54 F.3d 1272 (7th Cir. 1995) (annotation) |
| Wyoming | No statewide source-of-income or voucher protection found. Wyo. Stat. 1-21-1201 to 1-21-1211 |
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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.