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Can an HOA disallow Section 8 housing?

Started by BetsyF1 • 9 replies • 10807 views

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BetsyF1 (North Carolina)
Posts: 1
Posted:
Recently in the Brunswick Beacon newspaper a developer of a new condominium project in Calabash was requested that it not be a low rental complex and the Calabash town officials had him file a letter to the effect that no Section 8 housing would be allowed. It is my understanding Section 8 is not a protected class under the Fair Housing act. I also have been told that other condo associations are beginning to amend their bylaws to prohibit unit owners from renting to Section 8. The board and management at my complex want to do the same and have called for a vote on an amendment that would prohibit renting to Section 8. Needless to say, some are expressing strong opposition! Have any of you had to go through the procedure? I would love to hear your comments pro and con.
Betsy
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SusanW1 (Michigan)
Posts: 5,202
Posted:
This will be interesting to watch. IMHO - Owners can rent to anyone they want, and to prohibit a certain "class" of people, based on their income MIGHT be a civil rights violation of the applicant - or a violation of an owner's right to rent to whomever.

I doubt if anyone (the HOA) can get in the way of a contract between two parties (landlord and renter).

MaryA1 (Arizona)
Posts: 7,043
Posted:
An individual with a Section 8 voucher cannot just rent a home or an apartment anywhere they choose. The rental must be a designated Section 8 property. HUD generally provides this type housing through public housing and oftentimes a HUD building is built explicitly for this purpose. At times HUD will authorize so many Section 8 individual rentals in a particular jurisdiction which will be administered by the public housing authority.
BrianB (California)
Posts: 2,820
Posted:
An interesting twist of the knife: Betsy is correct, poverty is not a proctected class under any US laws (pretty sure, but won't stake my life on it), and definately not protected under the common civil rights laws.

However, poverty may be a symptom of a legally covered disability under the new ADAAA, which has expanded the definition of disability to mean almost anything at all, including stupidity. Being poor, that's one thing. Being poor because you are a bad student and couldn't finish your degree, or hold a job long enough to get past your probation period, or even you just don't want to work hard and learn, and you could have a disability... and need reasonable accomodation.

Just have to wait for the lawsuits to see exactly how it's defined now.
SusanW1 (Michigan)
Posts: 5,202
Posted:
I thought it was also a voucher system for the family to use to help pay rent. If the landlord accepts the voucher, then it's a payment arrangement deal between the landlord and HUD, as long as the place fits the "guidelines" of HUD assistance.

There are also, larger HUD housing units, like apartment buildings, where SOME of the units are HUD and others are full-pay units.

SheliaH (Indiana)
Posts: 6,964
Posted:
We've had a few section 8 residents, but I don't think there are any right now. I always thought you couldn't ban it because it could be construed as discrimination based on income (and possibly family status and race/nationality).

Having dealt with folks on section 8 (not as a landlord), I can say being on section 8 doesn't necessarily make you a bad person (in fact a few of them could teach the HOMEOWNERS about the importance of caring for one's property!) The issue usually has to do with the ones who don't play well with others (or their friends don't know how to act). In that case, it's important to hold the homeowner-landlord's feet to the fire - they have to give all tenants a copy of the HOA rules and THEY will ultimately be held responsible for any violations.

I've also had some friends who worked at the local housing authority that ran the section 8 programs and they've told me if you were aware of problems and could prove the tenant was responsible, you can notify the housing authority. Section 8 tenants are supposed to behave themselves if they want to stay in the program, just as landlords are responsible for keeping up the property. You may want to ask around in your area to see where and how to complain, write up some rules (which should apply to EVERYONE, not just section 8 residents) and go on from there.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MaryA1 (Arizona)
Posts: 7,043
Posted:
Susan,

It is a voucher system but you cannot just take it to any apartment or rental home and use it. The rental unit must be approved by HUD. HUD will notify the city public housing dept. of the number of Section 8 units they have authorized for that location. These rentals are monitored by the city public housing dept.
MarileneS (California)
Posts: 8
Posted:
The property owner has to be ok with accepting the section 8 tenant and then it has to be approved by HUD, who usually come out and inspects the property. I'm not sure if it is the same in all cities in the US but this is how it is in San Diego County, California

I don't think the HOA can restrict who you rent your home to unless they cause problems, etc.
MAS
MarileneS (California)
Posts: 8
Posted:
The property owner has to be ok with accepting the section 8 tenant and then it has to be approved by HUD, who usually come out and inspects the property. I'm not sure if it is the same in all cities in the US but this is how it is in San Diego County, California

I don't think the HOA can restrict who you rent your home to unless they cause problems, etc.
MAS
MarileneS (California)
Posts: 8
Posted:
The property owner has to be ok with accepting the section 8 tenant and then it has to be approved by HUD, who usually come out and inspects the property. I'm not sure if it is the same in all cities in the US but this is how it is in San Diego County, California

I don't think the HOA can restrict who you rent your home to unless they cause problems, etc.
MAS

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