Question from Landlord: My property is in Prince William County and we currently accept applicants with Section 8 vouchers, but we are looking to discontinue our acceptance of vouchers. Are we able to do this?
Answer: Income source/status is not a protected class under the Federal Fair Housing Act, the Virginia Fair Housing Act, or the Prince William County fair housing ordinances. As a result, you do not have to accept individuals with Section 8 vouchers so long as you implement a policy that is applied 100% across the board with any and all applicants and so long as your intent is not discriminatory toward any protected class. Your employees and leasing agents should be notified of the policy as soon as it is adopted so that they know to inform any applicants that such vouchers are not accepted any longer at the community. For residents currently involved in the housing program you must continue offering the program to them. Note that the fair housing ordinances of other counties in Virginia may include income source/status as a protected class so it is important to first check local laws to ensure compliance.
ABOUT CRYSTAL KRAMER
Crystal Kramer is an attorney in the Landlord Representation Group. Crystal’s practice is focused on representation of landlords and property managers of residential and commercial real estate in Virginia. This representation includes Fair Housing disputes and all litigation associated with lease disputes, including breach of lease, unlawful detainer actions, and tenant’s assertion actions.
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