Praful Thakkar, Andover, MA: Andover Luxury Homes For Sale (LAER Realty Partners)

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Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD

The Fair Housing Act (FHA) (42 U.S. Code § § 3601-3619 and 3631), a federal law, doesn’t bar landlords from discriminating based on Section 8. But some states and municipalities do, often as part of a broader ban on “source of income” or “public assistance status” under the state or local fair housing law. 

Sep 28, 2017 07:42 AM
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Fred Griffin, on leave of absence from ActiveRain
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 Yes, but I would definitely see an Attorney and get a written opinion. 

Sep 28, 2017 08:06 AM
Rainmaker
749,960
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Yes. I always ask owners that are renting homes if they are interested in Section 8, and almost all say " No".

Sep 28, 2017 07:59 AM
Rainmaker
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Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

You have many answers here Praful. 

Sep 28, 2017 01:40 PM
Rainmaker
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Absolutely as long as it is not based on discriminatory practices. Note: The law does not require that a landlord have to give a "no rent" reason.

Sep 28, 2017 10:48 AM
Rainmaker
538,614
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Yes, they can choose NOT rent to a section 8 based simply because they are under no obligation to deal with a government entitity.

Who says they have to accept section 8??  NO ONE SAYS...

I have in the past rented to section 8 until they dropped the allowable rent payment which is now below what my propeties will rent for.

Eve

Sep 28, 2017 09:33 AM
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
Helping you find your way home.

Landlords are prohibited from denying renters based solely on where their income is coming from.  So one has to be careful when denying a Section 8 tenant.

Denying them, strictly because they are section 8 could be construed as discriminating based on their income stream.

Sep 28, 2017 08:08 AM
Rainer
4,160
Mike Smiley
The K Company Realty - Thornton, CO
Transit Oriented Developments (New Light Rail Area

Yes, you can screen potential renters through Section 8 as you would any other tenant.  They provide potential renters to you, and you decide if you will accept or reject their application.  Section 8 sets the amount you will get based on each individuals qualifications.  You can then charge additional rent to come out of pocket from the renter to make up the difference. I rented a property through Section 8 for 5 years, and other than specific safety requirements, and spot inspections, in my case they were very good to work with.    

Sep 28, 2017 07:47 AM
Rainmaker
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Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

I believe so. As long as the reasons for not renting do not violate discrimination laws.  No one, I do not believe, can force an owner to turn their property into section 8 housing.  I would verify this with a real estate attorney. 

Sep 28, 2017 07:35 AM
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Yes, we do it all the time. The property has to be inspected and approved. The rent is not coming from the tenant but another source so we have the right to say if we want to conform and accept those exceptions to our standard policies.

Sep 28, 2017 08:27 PM
Rainmaker
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Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Praful Thakkar Yes

Sep 28, 2017 01:32 PM
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Kat Palmiotti
406-270-3667 (MT), 914-419-0270 (NY), Broker in NY with Grand Lux Realty and in MT with (coming soon!) - Kalispell, MT
The House Kat

A landlord here can make a decision not to accept Section 8 payments for rent. He's not rejecting the tenant, he's rejecting their form of payment. 

Sep 28, 2017 01:31 PM
Rainmaker
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Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

In my Province, we cannot discriminate against any perspective tenant..its againt the Human Rights Code.  It's a very one side legislation here.. the tenants have the rights... I have a client who wants to rent his basement apartment, and only wants one tenant... but he can't specify that in the listing.  Apparently its against the Human Rights Code.  The pendulum has swung way too far in favour of the tenants.

Sep 28, 2017 12:35 PM
Rainer
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Byron K . Jones
Coatesville, PA
List Today - Sold Tomorrow!

Absolutely, I have rental Properties I Manage and none of my Owners will accept Section 8, they will accept the Veterans VASH Program though..

Sep 28, 2017 11:24 AM
Rainmaker
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Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

it looks like you have your answers, Praful....

Sep 28, 2017 09:41 AM
Rainmaker
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Susie Kay
Ultima Real Estate - Plano, TX
North Dallas Specialist

Yep, many landlords that I speak with are not accepting section 8.

Sep 28, 2017 08:53 AM
Rainmaker
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Richard Weeks
Dallas, TX
REALTOR®, Broker

Yes it is their choice.

Sep 28, 2017 08:38 AM
Rainmaker
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Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

When a land owner chooses to participate in Government programs they forfeit some of their autonomy.  There is ALWAYS a price to pay when engaging government organizations in your business.

However, regarding Section 8 qualified properties, the owner has the OPTION, not obligation, of accepting a Section 8 tenant.

I would advise those who own less than 25 Section 8 eligible properties to avoid this option because the numbers will not work in the favor of smaller investors..

Sep 28, 2017 08:12 AM
Rainmaker
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Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

You bet!

Sep 28, 2017 08:05 AM
Rainmaker
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Great answers here Praful

Sep 28, 2017 03:41 PM
Rainer
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Caroline Gerardo
CMG Financial - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

Input not really a clear answer and Landlord needs to be careful how they answer.

Section 8 isn't simple or easy, they inspect property and check is ACH'ed to landlord at a certain percent of actual rents. Tenant has an obligation piece of the rent but they are on limited income and little things tend to spin their finances the wrong way.

Landlord has their own criteria- say they want a FICO score middle of 720, income at three times the rents and no evictions those would be even and fair requirements but not necessary to provide to tenants. Best if landlord says they went with another applicant. 

Sep 28, 2017 01:12 PM
Rainmaker
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Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Looks like you have many answers from those who do rentals.

Oct 02, 2017 05:25 AM
Rainmaker
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Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

It is very difficult to find something for Sec.8 clients, especially since they pay less than average rental rates in L.A. area and most vacancies have multiple applications. Someone just asked me to help a relative to find a rental property, I'd love to, but it is going to be a challenge. 

Oct 01, 2017 11:18 AM
Rainer
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Libby Cousins
Extraordinary Processing - Spokane, WA
Contract Mortgage Processor, licensed in WA

I spoke with my local housing authority about Section 8 a few months ago. I was told by them that I do not have to to rent to someone using Section 8 and that many landlords won't because they are a bit cumbersome to deal with. As as landlord, it is up to you to decide if you want to go through the inspection process that Section 8 requires. We chose not to to accept that tenant and then told other prospective tenants that asked that we don't accept Section 8 as we are not Section 8 approved.

Sep 30, 2017 12:28 PM
Rainmaker
1,247,507
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

In California we seem to be a lot more landlord friendly (who'd have thought?).  Most rentals EXCLUDE section 8 tenants by default! 

 

To rent to section 8 out here you have to:

  1. List your house with the city's housing authority
  2. Find and agree to a section 8 tenant
  3. Have the home inspected by the housing authority that it meets section 8 rules
  4. Negotiate a rent with the housing authority (usually close to market value)

Tenants out here pay only a portion of the rent.  I tried renting one of my homes section 8 a few years ago.  The list of homes for rent was published MONTHLY and I had mine rented to regular tenants before the city of Oxnard could even get their list published.  Since then I have not put my houses up for Section 8 and have no plans to.

Sep 29, 2017 09:33 AM
Rainmaker
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Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Generally no, Roy Kelley has the more detailed answer.

Sep 29, 2017 06:29 AM
Rainmaker
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Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Most often you hear that a landlord can not rent to all section 8 tenants, but can not pick and choose 1 type over another. Many landlords have had nightmare scenarios with sec 8. Others business models are based on renting to sec 8. EIther way, check the tenants qualifications, there is a good and bad non sec 8 and sec 8. 

Sep 29, 2017 06:28 AM
Rainmaker
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Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

We don't do proprty management

Sep 29, 2017 05:51 AM
Rainmaker
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Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

There is no requirement for a Landlord to accept Section 8 in my state.

Sep 29, 2017 05:39 AM
Rainmaker
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Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I think they may, but not just for the reason that the tenant is a Section 8.

Sep 29, 2017 05:23 AM
Rainmaker
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Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

A landlord can opt out of participating in the Section 8 program. And some landlord's property will not qualify!

Sep 29, 2017 05:11 AM
Rainmaker
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Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

There may be state laws about this.

Sep 29, 2017 04:51 AM
Rainer
44,691
Dan Capra
LAER Realty Partners - Lowell, MA
Listing/Buyer Agent

Not for being Section 8 alone..there must be another reason..bad credit, bad rental history with prior landlords etc...

Sep 29, 2017 03:22 AM
Rainmaker
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Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

I believe you have to have your home designated and approved as a Section 8 rental. From what I've heard, they pay more rent not less.

Sep 29, 2017 01:32 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Generally depends on the state, some have ruled this to be discrimination based on income source.  I think that your state may be one of them, along with those folks just south of your state.

Sep 28, 2017 08:20 PM
Rainmaker
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William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I believe you can as long as you treat the process  the same for everyone

Sep 28, 2017 05:47 PM