What states require landlords to accept section 8

Last updated 2026-07-26

Do any states actually require landlords to accept Section 8 vouchers?

Yes, indirectly. The federal Fair Housing Act does not list voucher status as a protected class, so there's no nationwide mandate. ^[1] But a growing list of states have passed their own "source of income" (SOI) discrimination laws, and those laws function as a requirement to accept Section 8 in practice, because refusing an applicant for having a voucher becomes illegal discrimination. As of 2024, at least 22 states plus Washington DC have some form of source-of-income protection on the books, according to tracking by the Poverty & Race Research Action Council (PRRAC), which maintains the most current public list of these laws. ^[2] The states include California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, North Dakota, Oregon, Rhode Island, Utah, Vermont, Washington, and a handful of others, with the list changing almost every legislative session. On top of the state laws, PRRAC counts more than 100 cities and counties with their own local SOI ordinances, layered on top of states that have no statewide law. That means a landlord in a state without protection can still be bound by a city rule. This is exactly the kind of patchwork that trips people up: you can be fully compliant with your state's law and still violate your city's ordinance.

Which states currently have source-of-income laws on the books?

California	Yes	Statewide since 2020 (SB 329/222), covers Section 8 explicitly
New York	Yes	Statewide since 2019, added to Human Rights Law [3]
Massachusetts	Yes	Long-standing protection under state law
New Jersey	Yes	Statewide law effective 2020
Illinois	Yes	Statewide, added in 2023 amendments
Oregon	Yes	Statewide protection since 2014
Washington	Yes	Statewide since 2018
Connecticut, Delaware, Maine, Maryland, Minnesota, North Dakota, Rhode Island, Utah, Vermont	Yes	Statewide protections vary in scope and exemptions
Texas, Florida, Georgia, Ohio, Indiana, Arizona	No statewide law	Some cities within these states have local ordinances anyway	A few states, Wisconsin among them, have gone the other direction and passed laws that actually preempt cities from banning source-of-income discrimination, meaning no city inside that state can pass its own protection even if it wants to. That's an important nuance: "no state law" doesn't always mean "neutral," sometimes it means the state has actively blocked local action.

The list moves. Legislatures add states most years, and a few have carved out exceptions for small landlords. Here's the general shape of state-level protection as of 2024, based on PRRAC's tracker. ^[2] | State | Source-of-income law? | Notable detail |

What counts as source of income discrimination?

Source-of-income laws generally bar landlords from refusing an applicant, charging different terms, or advertising "no vouchers" specifically because the applicant's payment includes Section 8, disability income, veterans benefits, or similar lawful income sources. The core test isn't whether the money looks different, it's whether the landlord treated the applicant worse because of where the money comes from. California's law is a good example of how specific these statutes get. Under California Government Code section 12955, it is unlawful to discriminate based on a tenant's source of income, and the statute defines source of income to include federal, state, or local housing assistance including Section 8 vouchers. California's Department of Fair Employment and Housing guidance states plainly that landlords "cannot refuse to rent to a tenant because the tenant will pay some or all of the rent with a Section 8 housing choice voucher." Most of these laws still let landlords screen applicants on ordinary criteria: income-to-rent ratio (calculated fairly, factoring in the voucher payment), credit history, rental history, and criminal background where legally permitted. What they can't do is reject someone solely because the payment source is a voucher rather than a paycheck.

Are there any exemptions for small landlords?

Sometimes, yes. A number of state and local SOI laws carve out exemptions based on number of units owned, whether the landlord lives on-site, or whether the property is owner-occupied with a small number of rentals. For example, some ordinances exempt owner-occupied buildings with a small number of units (commonly two to four, though the exact threshold varies by jurisdiction), on the theory that requiring a resident landlord to take a voucher tenant in their own duplex is a bigger imposition than for an absentee owner of a 40-unit building. Other jurisdictions have no exemption at all and apply the rule to every landlord regardless of portfolio size. This is one of those details you cannot assume from a Google search result summarizing "the rule." If you own one to ten units, check your specific state statute and your city's fair housing office for exemption thresholds before assuming you're covered or exempt either way. A landlord with a small portfolio in a mandatory-licensing city is already juggling registration deadlines and inspection windows; missing a source-of-income nuance on top of that is how fair housing complaints happen.

What happens if a landlord refuses a Section 8 voucher illegally?

Penalties vary by state and city, but they're not trivial. Violations of state fair housing laws typically expose a landlord to a civil fair housing complaint, potential fines, and sometimes actual and punitive damages awarded to the rejected applicant. In New York, for instance, the state Human Rights Law was amended in 2019 to add source of income as a protected category, and violations are enforced through the New York State Division of Human Rights, which can order damages, civil penalties, and corrective action. ^[3] California's Fair Employment and Housing Act enforcement can include actual damages, and in some cases the DFEH (now part of the Civil Rights Department) can pursue additional penalties through administrative or civil action. On the local level, cities with their own SOI ordinances often stack city fines on top of any state exposure. A landlord who advertises "no Section 8" in a city with an active ordinance can face a fair housing complaint even in a state without a statewide law, if the city itself bans it. Always confirm current penalty ranges with your state's fair housing agency or your city's rental licensing office, since amounts change with legislative updates.

How does this interact with rental licensing and inspection requirements?

Separately from source-of-income law, if your city requires Section 8, the local housing authority typically requires a Housing Quality Standards (HQS) inspection before a voucher tenant can move in, on top of whatever your city's general rental licensing inspection already requires. ^[4] These are two different inspections run by two different offices, and landlords sometimes assume passing one covers the other. It doesn't. HUD's HQS inspection checklist covers things like working smoke detectors, adequate ventilation, no exposed wiring, functioning plumbing, and safe means of egress, standards set out in 24 CFR 982.401. ^[4] Your city's rental license inspection, if your city has a mandatory program, is a separate local code compliance check that can include additional items like proof of business licensing, lead paint disclosure compliance in older buildings, or occupancy limits. If you're prepping a unit for both a city license inspection and a Section 8 HQS inspection at the same time, walking the property once against both checklists ahead of the actual inspection date saves you a second round of a failed inspection and a re-inspection fee. Our $79 City Rental License & Inspection Prep Packet is built around exactly that: a one-time checklist you can walk your own unit against before either inspector shows up, so you're not caught flat-footed by two separate agencies with two separate standards.

Who is responsible for a rental property walk-through inspection in California?

In California, both the landlord and tenant have documented rights around move-in and move-out walk-throughs, but the landlord is legally responsible for offering the initial inspection. Under California Civil Code section 1950.5, a landlord must, upon request, give the tenant the right to an initial inspection before the tenant vacates, giving the tenant a chance to fix any deficiencies before move-out charges are deducted from the security deposit. ^[5] The landlord must provide at least 48 hours' written notice before the inspection (unless the tenant waives it) and provide an itemized statement of anything found. ^[5] The tenant is not obligated to attend, but if they do, they can address issues on the spot. This walk-through is distinct from a city's rental license inspection or a Section 8 HQS inspection, both of which are conducted by government inspectors, not the landlord themselves. Outside California, move-out walk-through rules vary by state; some states have no statutory walk-through requirement at all, leaving it to lease terms and local custom.

What can a landlord look at during an inspection?

It depends entirely on which "inspection" you mean, and this is one of the most confused areas for new landlords. There are at least three distinct types, each with different scope and different rules about notice and access. 1. Routine landlord inspections (maintenance or lease-compliance checks): most states require reasonable advance notice, commonly 24 to 48 hours, before a landlord can enter an occupied unit for a non-emergency inspection. The landlord can generally check for lease violations, unauthorized occupants, unauthorized pets, or maintenance issues, but cannot rummage through a tenant's personal belongings or use the visit as a pretext for something unrelated to the stated purpose. 2. City rental license/code inspections: these are done by a government inspector and typically look at life-safety items: smoke and carbon monoxide detectors, working locks, egress windows, electrical panel condition, plumbing leaks, and pest evidence. The scope is set by your city's municipal code, not by the landlord. 3. Section 8 HQS inspections: conducted by the local public housing authority under 24 CFR 982.401, covering similar life-safety ground but with HUD-specific standards (window guards where required, minimum room sizes, working stove and refrigerator). ^[4] In all three cases, the inspector is not there to evaluate the tenant's housekeeping or possessions, just the condition of the unit against the applicable checklist.

What rights do tenants have without a lease?

A tenant without a written lease is not without rights. Most states treat an unwritten rental arrangement as a month-to-month tenancy at will, governed by state landlord-tenant statute rather than a lease document. That means the tenant still gets the state's default notice periods for rent increases and termination, still gets habitability protections (working plumbing, heat, structural safety), and still gets protection from illegal lockouts or utility shutoffs used to force them out. What a tenant without a lease typically loses is any negotiated term that only exists in writing, like a fixed rent-increase cap, a specific pet policy, or an agreed-upon renewal option. Absent a written lease, state default rules fill every gap: how much notice ends the tenancy, how security deposits get returned, and what the landlord must disclose. Landlords should know that oral or implied leases are still enforceable in most states; the absence of paper doesn't mean the absence of obligation. If you're currently renting month-to-month without paperwork, our related piece on tenant rights walks through what defaults typically apply state by state.

How much notice does a landlord have to give before entering or ending a tenancy?

This splits into two very different questions: notice to enter for inspection or repairs, versus notice to end a tenancy. States handle each differently, and the numbers below are common ranges, not universal law, so confirm your specific state statute before acting. Notice to enter: most states with a statute on this require 24 to 48 hours' advance notice for non-emergency entry, though a few states don't specify a number and just require "reasonable" notice. Emergencies (fire, flood, gas leak) generally allow immediate entry without advance notice. Notice to end a month-to-month tenancy: commonly 30 days if the tenant has lived there under a year, and sometimes 60 days for tenancies over a year, though this varies significantly by state and, in rent-controlled cities, can be longer with additional relocation-fee requirements. Because these numbers change by state and sometimes by city ordinance layered on top, treat any number you read online, including the ranges above, as a starting point to confirm against your own state's landlord-tenant statute, not a final answer.

Why do landlords require renters insurance?

Renters insurance protects the tenant's personal property and, more importantly for the landlord, typically includes liability coverage if the tenant accidentally causes damage (a kitchen fire, an overflowing tub) or if a guest gets injured in the unit. The landlord's own property insurance covers the building structure, but it generally does not cover the tenant's belongings and may not fully cover liability claims originating from the tenant's actions. Requiring renters insurance as a lease condition shifts a meaningful slice of liability risk away from the landlord's own policy and deductible. It's a low-cost requirement for the tenant, renters insurance commonly runs in the range of $15 to $30 a month depending on coverage and location, and it's one of the cheapest risk-reduction moves a small landlord can make. That said, requiring it doesn't mean policing it forever; landlords typically ask for proof of an active policy at move-in and periodically at renewal, since insurers cancel policies for nonpayment and tenants don't always tell the landlord.

What is landlording, and what is a landlord?

A landlord is the legal owner (or authorized agent of the owner) who rents real property to a tenant in exchange for rent, under either a written lease or an oral/implied rental agreement. "Landlording" is the informal term for the ongoing job of managing that relationship: collecting rent, handling repairs, following state and local landlord-tenant law, and staying compliant with any rental registration, licensing, or inspection ordinance your city has in place. For someone with one to ten units, landlording is usually a part-time role layered on top of a day job, which is exactly why missed registration deadlines and inspection notices are so common. You're not running a management company with a compliance department; you're one person tracking multiple cities' worth of paperwork if your units are spread across jurisdictions.

How do you become a landlord, and how do you actually do the job well?

Becoming a landlord starts with acquiring rental property (purchase, inheritance, or converting a former primary residence), then registering that property with your city or county if a rental licensing or registration ordinance applies. Many mandatory-licensing cities require registration before you can legally advertise or collect rent on a unit, so this step often needs to happen before you find a tenant, not after. After registration, the core mechanics of doing the job well come down to a short list: screen applicants consistently and legally (the same criteria for everyone, including voucher holders in SOI states), use a written lease that matches your state's required disclosures, keep a paper trail on repairs and notices, and know your city's inspection cycle before a notice shows up in your mailbox. The landlords who struggle most with licensing and inspection deadlines tend to be the ones treating each requirement as a surprise rather than a calendar item. If your city runs a mandatory rental inspection program, that inspection date is knowable in advance; treating it as predictable rather than reactive is most of the battle. See our related guides on landlord basics and landlord landlords responsibilities for the full rundown.

What can't a landlord do in Ohio?

Ohio's landlord-tenant law is codified in Ohio Revised Code Chapter 5321. Under this chapter, an Ohio landlord cannot shut off a tenant's utilities, change the locks, or remove a tenant's belongings to force them out, that's illegal self-help eviction and instead the landlord must go through the formal eviction (forcible entry and detainer) process in court. Ohio landlords also cannot retaliate against a tenant for exercising a legal right, like reporting a code violation or joining a tenant organization; ORC 5321.02 specifically prohibits retaliatory conduct including rent increases, service reductions, or eviction filed because the tenant complained. A landlord also cannot enter a tenant's unit without reasonable notice, generally understood as 24 hours except in an emergency, under ORC 5321.04's requirement that the landlord not "abuse the right of access." Ohio does not have a statewide source-of-income discrimination law, so absent a local city ordinance, an Ohio landlord outside a covered municipality is generally free to decline Section 8 vouchers; a few Ohio cities have discussed or considered local protections, so always confirm current status with your specific city before assuming the statewide default applies everywhere in the state.

Frequently asked questions

Is there a federal law requiring landlords to accept Section 8?

No. The federal Fair Housing Act does not include "source of income" or voucher status as a protected class. Any requirement to accept Section 8 comes from state or local law, not federal law. That's why acceptance requirements vary so much depending on where the rental property sits.

Which states do not require landlords to accept Section 8?

States without a statewide source-of-income law include Texas, Florida, Georgia, Ohio, Indiana, and Arizona, among others, though this list shifts as legislatures act. Even in these states, some individual cities have passed their own local ordinances requiring acceptance, so state-level status doesn't guarantee the same rule applies in every city inside that state.

Can a city require Section 8 acceptance even if the state doesn't?

Yes, unless the state has passed a preemption law blocking cities from doing so. Over 100 cities and counties nationwide have local source-of-income ordinances layered on top of states without a statewide requirement, according to PRRAC's tracker of state and local laws.

What is source of income discrimination?

It's refusing to rent to, or treating differently, an applicant because their rent payment includes lawful income like a Section 8 voucher, disability benefits, or child support, rather than solely wages. States with source-of-income laws generally require landlords to evaluate voucher applicants under the same screening criteria used for every other applicant.

How do I become a landlord?

Acquire a rental property, register it with your city or county if a rental licensing ordinance applies, get a compliant written lease matching your state's disclosure requirements, and screen tenants consistently under fair housing law. Many mandatory-licensing cities require registration before you can legally advertise the unit for rent.

Who is responsible for a rental property walk-through inspection in California?

The landlord is responsible for offering an initial move-out walk-through inspection if the tenant requests one, under California Civil Code section 1950.5. The landlord must give at least 48 hours' written notice and provide an itemized list of any deficiencies found, giving the tenant a chance to fix them before deposit deductions.

What is landlording?

Landlording is the ongoing work of owning and managing rental property: collecting rent, handling repairs, following state and local landlord-tenant law, and staying current with any rental registration, licensing, or inspection requirements your city imposes. For small owners, it's usually a part-time responsibility layered on top of other work.

What is a landlord?

A landlord is the legal owner, or an authorized agent of the owner, who rents real property to a tenant in exchange for rent under a lease or rental agreement. The landlord holds responsibilities under state landlord-tenant law regardless of whether the agreement is written or oral.

What rights do tenants have without a written lease?

A tenant without a written lease is typically treated as a month-to-month tenant under state default law. They still get habitability protections, standard notice periods for rent changes or termination, and protection against illegal lockouts, even though negotiated terms unique to a written lease (like a rent cap) don't exist without paper.

Why do landlords require renters insurance?

Renters insurance covers the tenant's belongings and includes liability coverage if the tenant accidentally causes damage or a guest is injured in the unit. It shifts risk away from the landlord's own property policy and deductible, and typically costs the tenant only $15 to $30 a month.

How much notice does a landlord have to give before entering a unit?

Most states with a statute on this require 24 to 48 hours' advance notice for non-emergency entry. Requirements vary by state, and a few states just require "reasonable" notice without a specific number, so confirm your state's landlord-tenant statute directly.

What can a landlord look at during an inspection?

It depends on the inspection type. Routine landlord visits generally cover lease compliance and maintenance issues. City rental license inspections cover life-safety code items like smoke detectors and electrical panels. Section 8 HQS inspections, run by the local housing authority under 24 CFR 982.401, check similar safety items against HUD-specific standards.

What can't a landlord do in Ohio?

Under Ohio Revised Code Chapter 5321, an Ohio landlord cannot shut off utilities or change locks to force a tenant out (illegal self-help eviction), cannot retaliate against a tenant for reporting code violations, and cannot enter a unit without reasonable notice except in an emergency.

Does accepting Section 8 mean a lower rent amount?

Not necessarily. The local public housing authority sets a payment standard based on fair market rent for the area, and the voucher covers the difference between that standard and roughly 30% of the tenant's income. Landlords still set market rent within the housing authority's approved range.

Sources

1. HUD, Fair Housing Act overview: The federal Fair Housing Act does not include source of income or voucher status as a protected class
2. California Government Code section 12955 / DFEH guidance: California law defines source of income to include Section 8 vouchers and bars refusal to rent on that basis
3. HUD, Housing Quality Standards regulation, 24 CFR 982.401: Section 8 units must pass a Housing Quality Standards inspection covering life-safety items under 24 CFR 982.401
4. California Civil Code section 1950.5: California landlords must offer an initial move-out inspection with at least 48 hours' written notice upon tenant request
5. Ohio Revised Code Chapter 5321, Landlord and Tenant: Ohio law prohibits self-help eviction, retaliation, and unreasonable entry by landlords under ORC 5321.02 and 5321.04