Quote:
Posted By SusanP14 on 02/28/2018 6:25 PM
I asked our hoa management could we change our bylaws to say no section 8. He says it is discrimination but I don't think it is.
Susan,
Welcome to the forum.
Condominiums, HOAs, mobile home parks, etc. must comply with the
Federal Fair Housing Act.
Additionally, many States have "source of income" discrimination laws on the books. Although not on the books yet, SC does have a bill in the works. See:
H 5276 : A BILL TO AMEND SECTIONS 31-21-40, 31-21-50, AND 31-21-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HOUSING DISCRIMINATION, SO AS TO PROVIDE THAT AN INDIVIDUAL MAY NOT BE DISCRIMINATED AGAINST DUE TO SOURCE OF INCOME.
Granted, having a ban on section 8 housing could be argued as a ban based on income level. However, a good attorney could argue that it's actually discrimination based on age, race, familial status, etc. and not about income level.
At the very least, such a restriction would be challenged at some point in time requiring the Association to defend itself. Even if you won in lower courts, the issue would likely be appealed - possibly to the Supreme Court. It would be an interesting case that would cost a bunch of money (requiring you and your neighbors to pay the legal bills to defend the position) with zero guarantee that the Association would win. Personally, my gut tells me the Association would lose.
Even if you did win, I think the media attention would have Congress amend the Fair Housing Act to include income level as discriminatory.
Additionally, any such rental restrictions would have to be within the covenants and not the Bylaws.
Quote:
Posted By SusanP14 on 02/28/2018 6:25 PM
Does anyone know of an association that has this in their bylaws in south carolina?
Due to potential legal actions based on discrimination, I know of no Association that has such language within their Bylaws.
Here are some additional resources for you to consider:
Think Twice Before Turning Away Tenants With Section 8 Vouchers Source of Income Discrimination in Housing