Q: I have a home that is up for rent. Do I have to accept a tenant that uses a Section 8 voucher? They are claiming they are protected by law.
A: The short answer is that right now, source of income is not a protected class in Arizona or any municipality in the state and therefore you don’t have to accept applicants who utilize Section 8. What is important to remember is that you must have a written application standard that all residents must meet. To often we have seen AZREIA members “trust their gut” when approving or denying residents. To comply with fair housing laws, a property owner should use a consistent, objective standard for whether someone qualifies for a property. This standard should be in writing, to avoid needless problems. Also, its important to remember that City of Tucson is looking at making source of income (including Section 8) mandatory, so always check up on these laws before making any decisions.
– Mark B. Zinman, Attorney
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