Glossary

Source-of-Income Discrimination

Also known as: Voucher Discrimination, Section 8 Discrimination

Discrimination against a prospective or current tenant because of the form of their income — most commonly a housing choice voucher (Section 8) or other public assistance — which is prohibited under a growing number of state and local fair housing laws, though not under the federal Fair Housing Act itself.

Because source of income is not among the federal Fair Housing Act's seven protected classes, a landlord's right to refuse voucher holders varies entirely by state and local law — a patchwork that requires multifamily owners operating across multiple jurisdictions to track local requirements carefully, since a policy lawful in one market may constitute unlawful discrimination in another. Where source-of-income protections apply, they typically require owners to accept housing choice vouchers on the same terms as other applicants, participate in the associated Housing Assistance Payment contract and unit inspection process, and refrain from advertising or screening practices that discourage voucher holders from applying. This is an area of active and expanding state and local legislation, making it one of the fastest-moving compliance risks in multifamily leasing and screening policy relative to more settled federal fair housing doctrine.