Section 8 Protections, Eviction Record Sealing and Right to Counsel by State (2026)
Whether landlords can refuse housing vouchers, whether eviction records can be sealed, and whether tenants get a free lawyer — state by state.
Why these matter
An eviction filing can follow a renter for years in tenant-screening reports, even when the tenant won. A growing number of states seal or mask eviction records, ban refusing tenants who pay with housing vouchers, or guarantee lawyers to tenants facing eviction. Many cities add their own versions — see the city pages.
Section 8, Records & Right to Counsel: all 50 states and DC
| State | Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| 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 | No statute — Alabama has no law sealing, masking or expunging eviction (unlawful detainer) court records. Ala. Code § 35-9A-461; §§ 6-6-310 et seq. (checked) | No statewide right to counsel for tenants in eviction cases. Ala. Code § 35-9A-461 (eviction actions) |
| 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 | Not verified yet | No statewide right to counsel in eviction cases was found. The court's FED booklet tells parties to find their own lawyer through the Alaska Bar Lawyer Referral Service or, if low-income, Alaska Legal Services Corporation. Free advice is available through the ALSC Landlord-Tenant Helpline (855-743-1001). Alaska Court System CIV-720 (8/23); MED-600 (12/25) |
| 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 | Yes, but only in limited cases. The court must seal all records of an eviction case (special detainer, forcible entry and detainer, or summary eviction) when it dismisses the case before judgment or enters judgment for the tenant. It must also seal the case when the landlord and tenant file a written stipulation to set aside the eviction order and seal the file. Sealed records are available only to the tenant, parties and attorneys who appeared, the court, and the clerk. They may not be sold or released in bulk or individual transfers to third parties. Judgments for the landlord are not sealed unless both parties stipulate. A.R.S. § 33-1379 (Laws 2022, ch. 286, HB 2485) | No statewide right to counsel in eviction cases. No Arizona statute gives tenants an appointed lawyer in special detainer or forcible detainer actions. A.R.S. Title 33, Ch. 10 (§§ 33-1301 to 33-1381); A.R.S. Title 12, Ch. 8, Art. 4 (§§ 12-1171 to 12-1183) checked |
| 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 | Not verified yet | No. Arkansas has no statewide right to a lawyer in eviction cases. Ark. Code §§ 18-17-901 to 18-17-913; 18-60-301 et seq. |
| 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) | Masking is automatic and statutory. For the first 60 days after an unlawful detainer case is filed, the court file is open only to the parties and their attorneys, to anyone who gives the clerk the name of a plaintiff, the name of a defendant, and the unit address, to residents of the premises, and to anyone with a court order for good cause. After that, the record becomes public only if the landlord wins a judgment against all defendants: either within 60 days of filing, or after a trial held more than 60 days after filing. If the tenant wins, or the case is dismissed or settled without a landlord judgment, the record stays masked. Nonpayment cases filed between March 4, 2020 and September 30, 2021 stay masked. Post-foreclosure cases under CCP 1161a become public only after a trial judgment. The parties may also agree by stipulation that the court bar access to the record. There is no separate statutory expungement procedure. Cal. Civ. Proc. Code § 1161.2(a) (as amended by AB 2304, Stats. 2024, ch. 711) | No statewide right to counsel in eviction cases. The Sargent Shriver Civil Counsel Act funds Judicial Council grant programs in selected courts that appoint counsel for low-income parties in housing and other civil matters, subject to funding. Some cities have their own right-to-counsel ordinances. Cal. Gov. Code §§ 68650-68651 |
| 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) | Yes, automatic suppression. Every eviction (forcible entry and detainer) court record is suppressed from the moment the case is filed. The parties, their attorneys, judges, court staff, and people with a court order can see it, and courts may not publish party names online. The record becomes public only if the court enters an order granting the landlord possession, unless both parties agree to keep it suppressed. Cases that are dismissed, settled, or won by the tenant stay suppressed. Since August 6, 2025, a defendant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may move to suppress, or keep suppressed, any eviction record, including a judgment for possession and records predating the law. The court must grant the motion if the tenant provides qualifying documentation and states that public access risks the safety of the tenant or a household member. C.R.S. § 13-40-110.5 (subsection (3) as amended by HB 25-1168) | No statewide right to a lawyer in eviction cases. The state funds eviction legal help through the Eviction Legal Defense Fund. The state court administrator makes grants to qualifying nonprofit legal aid organizations to advise and represent indigent tenants (income at or below 200% of the federal poverty guidelines) facing eviction, but this is not a guaranteed right to counsel. C.R.S. § 13-40-127 |
| 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) | Partial: records are automatically removed from the court website, not sealed. Within 30 days after an eviction case is withdrawn, dismissed or nonsuited on any grounds, or ends in a final judgment for the tenant, the Judicial Branch must remove the case and identifying information from its website. The removal applies to cases disposed of before or after July 1, 2024. Removed records may not be included in bulk sales of court records. No person may disclose them for a commercial purpose, including tenant screening and consumer reports. Cases that end in a judgment for the landlord are not removed. If there is later activity or an appeal, the case is restored and stays online until 30 days after final disposition. Conn. Gen. Stat. § 47a-26j | Yes, a statewide right-to-counsel program, limited by available funding. Income-eligible tenants and occupants get free legal representation in matters started on or after July 1, 2021: notices to quit, eviction cases, and administrative proceedings to keep a housing subsidy or stop a lease termination. Income-eligible means household income at or below 80% of state median income, or receiving TANF, SNAP, Medicaid, SSI, refugee resettlement benefits, state rental assistance, or a Housing Choice Voucher. The program is phased in by priority criteria and funding. It does not create a right a tenant can enforce against the providers. Since October 1, 2021, landlords must attach the Judicial Branch's one-page right-to-counsel notice to every notice to quit, eviction summons and complaint, subsidized-housing lease termination notice, and subsidy termination notice. Conn. Gen. Stat. § 47a-75 |
| 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 | By motion (no filing fee). The court must shield the record if: the case was dismissed, withdrawn, or decided for the tenant; it was resolved by stipulation and the tenant complied; both parties agree; shielding is clearly in the interests of justice; or 5+ years have passed since a judgment that has been satisfied, with no similar judgments in the past 5 years. The judgment is set aside, the case is treated as never filed, and records are removed from public court systems. 25 Del. C. § 5720 (85 Del. Laws c. 106) | Yes, being phased in. Tenants with household income at or below 200% of the federal poverty guidelines have a right to legal representation in eviction and subsidy-termination proceedings, available as soon as practicable after a rent (§ 5502), breach (§ 5513) or good-cause termination notice or the filing of a case. Excluded: tenants whose landlord owns 3 or fewer units and is not represented by an attorney or authorized agent. Landlords must give tenants Coordinator-approved information about the right at lease signing, first renewal, and with those notices. Full implementation by June 30, 2028, subject to funding; no cause of action if counsel is unavailable. 25 Del. C. §§ 5601-5607 |
| 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) | Yes, automatic: Superior Court must seal eviction records 30 days after final resolution if there is no judgment for possession for the landlord, and 3 years after final resolution if there is one (applies to older cases as of Jan. 1, 2022). By tenant motion at any time if, e.g., the case was for $600 or less, involved a subsidized unit, was retaliatory or discriminatory, the landlord failed to abate housing code violations, it arose from domestic violence, or a settlement left the tenant in possession, or for other good grounds. Landlords may not base screening decisions on sealed records, on cases without a possession judgment, or on cases filed 3+ years ago. D.C. Code §§ 42-3505.09, 42-3505.10(d) | Not verified yet |
| 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 | No statute — chapter 83 has no eviction-record sealing or masking provision. Fla. Stat. ch. 83 | No statute — no statewide right to counsel in eviction cases. Fla. Stat. ch. 83 |
| 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) | No statute in effect yet. Beginning January 1, 2027, a court may, on motion and after a hearing, order all court records of a dispossessory (eviction) case made unavailable to the public if the tenant won the case, the tenant paid the judgment in full with interest and costs, or seven years have passed since a dismissal or judgment (with any judgment paid in full). The landlord may still pursue amounts owed in a separate action or through collections. O.C.G.A. § 44-7-50(e) (added by SB 406, 2026, Act 715, § 8; effective January 1, 2027) | Not verified yet |
| 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 | Not verified yet | Not verified yet |
| 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 |
| 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) | Yes, by court order. The court may seal an eviction court file if the landlord's case was sufficiently without basis in fact or law, sealing is clearly in the interests of justice, and those interests are not outweighed by the public's interest. Sealing is mandatory for cases against bona fide tenants after foreclosure (9-207.5 / 15-1701(h)(6)) and for cases dismissed because a minor was named as a defendant. Residential eviction files filed March 9, 2020 - March 31, 2022 (COVID period) were sealed, subject to unsealing in some cases not based on nonpayment. 735 ILCS 5/9-121; 735 ILCS 5/9-122; 735 ILCS 5/9-106(c) (P.A. 104-317, eff. 1-1-26) | No statewide right to counsel in eviction cases was found. The Illinois courts direct tenants to free legal aid and mediation for those who qualify (Eviction Help Illinois outside Cook County; Cook County Legal Aid for Housing and Debt in Cook County). 735 ILCS 5/Art. IX (checked); Illinois Courts eviction self-help |
| 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 | Yes. Automatic: if the eviction case is dismissed (including for failure to prosecute), judgment is for the tenant, or a judgment against the tenant is overturned on appeal, the court must on its own motion order the records not disclosed and sealed/redacted. By tenant motion: if judgment was against the tenant and the money judgment has been satisfied, or no money judgment was entered and at least 7 years have passed, the court shall order nondisclosure (possibly without a hearing). Older cases (outcomes before July 1, 2022 or July 1, 2025) can be sealed by verified petition with the tenant's name, date of birth, address, case number, grounds, and a sworn statement that no money judgment is outstanding. IC 32-31-11-3, -4 (P.L.164-2022; amended P.L.128-2025) | No statewide right to counsel in eviction cases was found. The Residential Eviction Actions chapter covers dismissal, failure to prosecute, and voluntary eviction diversion programs, not appointed counsel. IC 32-31-10 (checked) |
| 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) | No statute — the 2026 Iowa Code's forcible entry and detainer chapter (ch. 648) contains no sealing or record-removal provision. Bills to seal dismissed/defendant-won cases (HF 548, 2023) and to allow later sealing of nonpayment cases (HSB 261, 2025 study bill) were not found in the enacted Code. Iowa Code ch. 648 (section list checked) | No statewide right to counsel in eviction cases was found in Iowa Code ch. 648 or ch. 562A. Iowa Code ch. 648; ch. 562A (checked) |
| 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 | Yes, by petition (new in 2026). A defendant in a residential (RLTA) eviction case may file electronically, at no cost, for expungement under the case number, serving the landlord by return-receipt delivery. The landlord has 30 days to object (then a hearing); without objection the court decides without a hearing and money judgments are presumed satisfied. The court must grant expungement if 3 years have passed since judgment, any money judgment from the tenancy is satisfied, and the tenant has had no other residential eviction judgment in those 3 years (a later judgment delays expungement of the earlier one). Cases with an unsatisfied money judgment are expunged only if both parties agree. Expungement does not erase the debt; public housing authorities may still obtain 3-year eviction history for federal assistance applicants. The Judicial Council is to create a form. K.S.A. 2026 Supp. 61-3809 (Sub. for HB 2357 (2026), sec. 1) | No statewide right to counsel in eviction cases was found. The 2026 eviction reform (Sub. for HB 2357) added expungement and court consideration of mediation, not appointed counsel. K.S.A. 61-3801 et seq.; Sub. for HB 2357 (2026) |
| 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) | Not verified yet | No statewide right to counsel in eviction cases was found in KRS Chapter 383. KRS Chapter 383 (checked) |
| 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) | Not verified yet | No statewide right to counsel in eviction cases was found in the Code of Civil Procedure eviction title. La. C.C.P. arts. 4701-4735 (checked in part) |
| 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) | Partial: there is no sealing or expungement, but FED and small-claims court records become available to the public only at a courthouse, not online, in three cases: (1) the parties agree; (2) the case was dismissed or decided for the defendant; or (3) more than 3 years have passed since judgment. This applies automatically by statute. 4 M.R.S. § 9-C (PL 2021, c. 644, LD 913) | No statewide right to counsel in eviction cases. By statute, the court must announce at the start of FED hearings if an attorney is available that day to represent tenants. The summons must include a court form that lists legal-help resources. 14 M.R.S. § 6004(2)-(3) |
| 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) | Yes (shielding). Failure-to-pay-rent cases that do not end in a judgment for possession are shielded automatically by the District Court within 60 days after final resolution. If there was a judgment for possession, the tenant may ask the court to shield the records. The court may do so if the tenant redeemed (paid in full) and at least 12 months have passed, or for good cause. Shielded records may be opened only at the tenant's written request or by court order for good cause. Separately, § 8-502 allows petitions to shield COVID-era nonpayment cases filed Mar. 5, 2020 to Dec. 31, 2021. Md. Code, Real Prop. §§ 8-503, 8-502 (SB 19 / HB 181 of 2024) | Yes, a statewide access-to-counsel program. 'Covered individuals' have access to legal representation in eviction matters through the Access to Counsel in Evictions Program, run by the Maryland Legal Services Corporation. A covered individual is a non-owner occupant, including a public-housing tenant, whose household income is no more than 50% of the state median income, adjusted for household size. Md. Code, Real Prop. §§ 8-901 to 8-903 (Access to Counsel in Evictions, 2021) |
| 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) | Yes, by petition on a trial-court form signed under penalty of perjury. No-fault evictions: the court must seal at any time after the case ends and appeals are exhausted. Cases dismissed or won by the tenant: may be sealed at any time, without notice to the other parties. Nonpayment cases: must be sealed if the case ended at least 4 years earlier, there have been no nonpayment or lessor actions against the petitioner in those 4 years, and the petitioner certifies the nonpayment was due to economic hardship. Fault cases: must be sealed after 7 years with no new fault or lessor actions. Consumer reporting agencies may not report sealed records and must remove them within 30 days. Rental applications that ask about evictions must state that an applicant with a sealed record may answer 'no record'. G.L. c. 239, § 16 | No statewide right to counsel in eviction cases found in G.L. c. 239. The trial court must report monthly how many landlords and tenants received legal representation through on-site court diversion programs. G.L. c. 239, § 15(c)(ix) |
| 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) | No. Michigan has no statute sealing or expunging eviction records. Two 2025 bills are pending: SB 374 (sealing, and automatic expungement 3 years after a final judgment for possession), placed on Senate third reading on Mar. 3, 2026; and HB 4984 (records nonpublic until a judgment for possession), in the House Regulatory Reform committee since Sept. 2025. Neither has been enacted as of this check. 2025 SB 374; 2025 HB 4984 (pending) | Not verified yet |
| 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 | Yes (expungement). The court must expunge an eviction case without a motion if: the tenant won; the case was dismissed for any reason; the parties agreed; three years have passed since the eviction was ordered; or it is a qualifying foreclosure or contract-for-deed case. On the tenant's motion, the court must expunge if the case settled and the tenant met the settlement terms, or if the case was filed in violation of § 504B.285, subd. 1(b). The court may also expunge in its discretion when that is clearly in the interests of justice. A nonpayment complaint filed without the 14-day notice is dismissed and expunged. Minn. Stat. §§ 484.014, 504B.345, subd. 1(c), 504B.321, subd. 1(d) | Limited. Only tenants in HUD Section 9 public housing who face an eviction for breach of lease and cannot afford a lawyer have a right to court-appointed counsel. The first page of the complaint must include, in bold 12-point type: 'If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney.' The court must offer appointed counsel at the first hearing. There is no general statewide right to counsel in nonpayment or other evictions. Minn. Stat. § 504B.268 (2023 c. 52, art. 19, § 89) |
| Mississippi | Not verified yet | Not verified yet | 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) | No statute found. No section of RSMo Chapters 441, 534 or 535 provides for sealing, masking, or expunging eviction court records. RSMo Ch. 441, 534, 535 (section lists reviewed) | No statewide right to counsel in eviction cases found. RSMo Ch. 441, 534, 535 (no counsel provision) |
| 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) |
| 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 | No statute. Bills to create a 'Residential Tenant Clean Slate Act' to seal certain eviction records have failed: LB92 (109th Legislature) was indefinitely postponed on Jan. 7, 2026. LB92 (109th Leg.) bill history; no sealing provision in Neb. Rev. Stat. §§ 76-1401 to 76-1449 | No statewide right to counsel in eviction cases found. Neb. Rev. Stat. §§ 76-1440 to 76-1447 (possession actions; 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) |
| 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 | No statute provides for sealing eviction court records. Related protection: no-fault terminations (such as non-renewal of a 12+ month lease, effective July 1, 2026) may not be considered evictions for rental applications or tenant screening reports. RSA ch. 540 and 540-A (no sealing provision); RSA 540:2, VIII | No statewide statutory right to counsel in eviction cases found. RSA ch. 540 (no counsel provision) |
| 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) | Only for COVID-era nonpayment cases. Court records of landlord-tenant actions for nonpayment or habitual late payment of rent arising during the COVID-19 public health emergency (Executive Order 103 of 2020, as extended) plus 60 days are confidential and not available to the public. Landlords may not consider those records in tenant screening, and screening companies may not knowingly provide them. No general statute for sealing other eviction records was found. N.J.S.A. 2A:42-144 to 2A:42-148 (P.L.2021, c.189) | No statewide statutory right to counsel in eviction cases found. N.J.S.A. 2A:18, 2A:42 (section lists reviewed; no counsel provision) |
| 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) | No eviction-specific sealing statute. 2025 HB 253, which would have sealed eviction records when a case is filed and unsealed them only after a judgment for the owner, died. 2025 HB 253 (died) | Not verified yet |
| 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') | Not verified yet | Not verified yet |
| 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) | No statute. North Carolina has no general provision for sealing or expunging summary ejectment (eviction) records. N.C. Gen. Stat. ch. 42 (no sealing provision for summary ejectment) | No statute. North Carolina has no statewide right to a lawyer in eviction cases. N.C. Gen. Stat. ch. 42, art. 3 (Summary Ejectment; no counsel provision) |
| 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) |
| 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) | No statute. Ohio Rev. Code chapter 1923 has no provision for sealing, masking, or expunging eviction court records. Ohio Rev. Code ch. 1923 (no sealing provision) | No statewide right to counsel in eviction cases. Ohio Rev. Code ch. 1923 (no counsel provision) |
| 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) | No statute. Oklahoma's forcible entry and detainer statutes have no provision for sealing or expunging eviction records. 12 O.S. §§ 1148.1-1148.16 (no sealing provision) | No statewide right to counsel in eviction cases. 12 O.S. §§ 1148.1-1148.16; 41 O.S. §§ 101-136 (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 |
| 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)) | No statewide sealing law yet. HB 1095 (limited access to eviction information, amending Title 42) passed the House 105-98 on June 23, 2025 and was reported as amended by Senate Judiciary on Oct. 19, 2026 and re-referred to Senate Appropriations on Oct. 20, 2026, which re-reported it as committed the same day (21-1). It still needs Senate final passage, House concurrence in the Senate amendments and the Governor's signature - not enacted as of Oct. 23, 2026. 2025-2026 HB 1095 (pending) | No statewide right to counsel in eviction cases. 68 P.S. 250.501-250.513 |
| 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) | Yes, by motion. Any party may move to seal an eviction case (nonpayment, noncompliance or holdover) at least 30 days after the appeal period ends. The court must seal if the case was dismissed on a motion to dismiss, was resolved by a stipulation whose terms were satisfied, any money judgment against the moving party was paid in full, or the case was dismissed for lack of prosecution after 5 years; the mover must have notified all parties, and only one sealing request is allowed per 5 years. Not automatic. R.I. Gen. Laws 34-18-60 | No statewide right to counsel in eviction cases. R.I. Gen. Laws ch. 34-18 |
| 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 | Starting January 1, 2027: eviction filings and records with a defendant's personal information (including cases ending in an order of eviction or writ of ejectment, settled cases, and cases resolved by later payment) must be removed from the public index and publicly accessible files 7 years after final disposition or filing if no additional filing is recorded. Removal is automatic (by the responsible agency); no motion process. S.C. Code 30-2-60 (2026 Act No. 214, H.4270) | No statewide right to counsel in eviction cases. S.C. Code Title 27, Ch. 37 and Ch. 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 | Not verified yet | No statewide right to counsel in eviction cases. SDCL Chapter 21-16 |
| 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) | No statute. Tennessee has no law sealing or expunging eviction (detainer) records. A 2026 bill to make dismissed unlawful detainer cases confidential (HB1940/SB2016) failed in House subcommittee on March 18, 2026 and was not enacted. 2026 HB1940 / SB2016 (not enacted) | No statewide right to counsel in eviction cases. T.C.A. Title 29, Chapter 18; Title 66, Chapters 7 and 28 |
| 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 | Not verified yet | No statewide right to counsel in eviction cases. In justice court, parties may represent themselves or be represented by authorized agents who need not be attorneys. Tex. Prop. Code ch. 24; Sec. 24.011 |
| 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 |
| 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) | Not verified yet | Not verified yet |
| 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) | Yes (expungement). For unlawful detainer cases with no order of possession, the general district court must automatically expunge records, without petition or hearing, once 30 days pass after dismissal or 6 months pass after a voluntary nonsuit. A tenant who won a judgment is not automatically covered but may petition, and the court must expunge without a hearing. For cases filed before July 1, 2024, the tenant may petition on a Supreme Court form for expungement of dismissed (30 days) or nonsuited (6 months) cases with no order of possession. Va. Code § 8.01-130.01 | 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 |
| West Virginia | Not verified yet | Not verified yet | 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) | No sealing or expungement statute for eviction records. The law instead sets minimum public display periods on the Wisconsin Circuit Court Access (CCAP) site: the director of state courts may not remove a non-sealed eviction case for at least 10 years if a writ of restitution was granted, or at least 2 years if the case was dismissed with no money judgment docketed. Wis. Stat. 758.20(2) | No statewide right to counsel in eviction cases. Wis. Stat. ch. 799 |
| 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 |
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.