Source of Income Discrimination Laws by State: 2026 Voucher List
You call about an apartment, and the agent says, “We don’t take Section 8.” Is that legal? It depends on where you live. Online lists give wildly different numbers, and many are years out of date.
Source of income discrimination means a landlord refuses you, or treats you worse, because of how you pay rent. Federal law doesn’t ban it for vouchers. But about 18 states and Washington, D.C. have statewide laws that cover vouchers. More than 150 cities and counties have their own.
This guide lists those states, explains the gaps, and shows you how to report a landlord.
What is source of income discrimination?
Source of income discrimination is when a landlord refuses you because of where your rent money comes from. A common example is refusing a Housing Choice Voucher. The federal Fair Housing Act doesn’t list source of income as a protected class. So your protection comes from state or local law, if your area has one.
| Example | Could be source of income discrimination? |
|---|---|
| “No Section 8” in a listing | Yes, where a law covers vouchers |
| Refusing to fill out voucher paperwork | Often yes, under many state laws |
| Charging voucher holders a higher deposit | Yes, under many laws |
| Denying you for past evictions | Usually no, if applied to everyone |
| Requiring income of 3 times the full rent | Can be, in some states |
Takeaway: a “no vouchers” policy is legal in some places and illegal in others.
Which states ban source of income discrimination against voucher holders?
A national tracker by the Poverty and Race Research Action Council was updated in March 2026. It lists about 18 states plus D.C. with statewide laws covering vouchers. Examples are California, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, and Washington. Some laws exempt small landlords. See the full table below.
| State | Year (vouchers covered) | Notes |
|---|---|---|
| California | 2019 | Vouchers added in 2019 |
| Colorado | 2021 | Owners of five or fewer single-family rentals may be exempt |
| Connecticut | 1989 | Long-standing law |
| Delaware | 2026 | Took effect Jan. 1, 2026; set to expire in 2028 unless extended |
| District of Columbia | 2005 | Covers Section 8 |
| Hawaii | 2022 | Some small landlords exempt |
| Illinois | 2022 | Income tests count only your share of rent |
| Maryland | 2020 | Some owner-occupied buildings exempt |
| Massachusetts | 1971, updated 1989 | Covers housing subsidies |
| Michigan | Signed Dec. 2024 | Applies to landlords with five or more units |
| New Jersey | 2002 | Courts have applied it to vouchers |
| New York | 2019 | A state appeals court ruled it unconstitutional for Section 8 in March 2026; appeal pending |
| North Dakota | 1999 | Covers rental assistance |
| Oregon | 2014 | Covers federal rent subsidies |
| Rhode Island | 2021 | Names Section 8 vouchers |
| Utah | 1993 | Uses the general term “source of income” |
| Vermont | 1988 | Covers people on public assistance, including housing aid |
| Virginia | 2020 | Uses “source of funds” |
| Washington | 2018 | Penalty up to 4.5 times monthly rent |
Sources: PRRAC Appendix B (March 2026), Delaware SB 293, and RCW 59.18.255.
New York update: In March 2026, the Appellate Division, Third Department ruled the state law can’t force landlords to accept Section 8. The Attorney General has appealed to the state’s top court. New York City’s own law still protects voucher holders. See our Section 8 in NYC guide.
Takeaway: check your state’s own law, because exemptions change who is covered.
Which states have weak or no voucher protection?
In most other states, a private landlord can refuse your voucher unless a city or county law says otherwise. A few states have laws with big gaps. Maine and Minnesota laws were narrowed by court rulings. Oklahoma’s law doesn’t name vouchers. Wisconsin’s law doesn’t apply to housing vouchers. Texas blocks most local voucher rules.
| State | What the gap is |
|---|---|
| Maine | A 2014 court ruling lets landlords refuse Section 8 program terms |
| Minnesota | No clear statewide voucher protection; Minneapolis has its own law |
| Oklahoma | Law names public assistance and support, not vouchers |
| Wisconsin | Law doesn’t apply to housing vouchers |
| Texas | State law limits cities from requiring voucher acceptance |
Maine lawmakers considered LD 1036 in 2025 to close the gap. Check whether it passed before you rely on it.
Takeaway: a state “source of income” law doesn’t always protect voucher holders.
Do cities and counties have their own laws?
Yes. HUD’s Inspector General counted 152 cities and counties with local laws as of January 2025. They span 27 states. Some of them are in states that have no statewide law. Examples include cities in Ohio, Michigan, Florida, Missouri, and Wisconsin. In July 2025, Minnesota’s top court upheld the Minneapolis voucher ordinance.
Local laws counted by HUD’s Inspector General, by state:
| State | Cities and counties | State | Cities and counties |
|---|---|---|---|
| Ohio | 22 | Washington | 12 |
| California | 19 | Florida | 10 |
| Michigan | 16 | New York | 10 |
| Maryland | 9 | Illinois | 7 |
| Wisconsin | 7 | Missouri | 5 |
To find your local law, search your city or county plus “housing voucher discrimination.” You can also ask your housing authority and local fair housing group.
Takeaway: even in a state with no law, your city may protect you.
What can landlords still do legally?
Even where a source of income law applies, landlords can still screen tenants. They can check rental history, past evictions, and references, as long as they treat everyone the same. Some laws exempt small landlords or owner-occupied buildings. A landlord can’t use your voucher as the reason to say no.
What’s usually allowed:
- Standard screening applied to every applicant.
- Exemptions written into the law, such as small or owner-occupied buildings.
- Choosing another applicant for reasons not tied to your voucher.
What’s often not allowed under these laws:
- “No Section 8” ads or statements.
- Refusing voucher paperwork or inspections in many states.
- Charging you more than other tenants for being a voucher holder.
- Income tests on the full rent in some states, such as Illinois.
Washington’s law has a narrow exception. A landlord can refuse if inspection repairs are estimated above $1,500. That exception doesn’t apply if the landlord got state landlord mitigation program funds for the repairs.
Takeaway: a landlord can deny you for a fair reason, but not because of the voucher.
How do I file a source of income discrimination complaint?
File with your state or city human rights or civil rights agency. Some laws also let you sue in court. Gather proof first, such as screenshots of “no Section 8” ads and notes from calls. Tell your housing authority too. If race, disability, or family status played a role, you can also file with HUD.
- Save the proof. Screenshot ads and texts. Write down dates, names, and what was said.
- Find the right agency. Search your state name plus “civil rights commission” or “human rights.”
- File quickly. Deadlines vary by state and can be short.
- Tell your housing authority. HUD encourages agencies to help resolve complaints.
- Call a fair housing group or legal aid. They may test the landlord or file for you.
- Ask for more voucher time if the search runs long. See our voucher extension guide.
For a federal Fair Housing Act complaint, call HUD at 1-800-669-9777. Those complaints must be filed within one year. Our guide to finding landlords who accept Section 8 has search tips.
Takeaway: written proof makes your complaint much stronger.
Source of income discrimination myths vs facts
Reddit, landlord forums, and old blog posts spread outdated claims about source of income discrimination. Some say federal law protects voucher holders everywhere. Others say a “source of income” law always covers Section 8. We checked these claims against current state laws and HUD’s Inspector General report. Use this table before you accept a “no.”
| What people say online | What the facts say |
|---|---|
| “Federal law makes refusing Section 8 illegal.” | Federal law doesn’t cover source of income. State and local laws do. |
| “Only 12 states protect vouchers.” | That’s a 2017 number. About 18 states and D.C. cover vouchers now. |
| “Every source of income law covers vouchers.” | Wisconsin’s doesn’t, and Maine’s has a loophole. |
| “Landlords can’t screen voucher holders at all.” | They can screen, if they treat everyone the same. |
| “Small landlords are always covered.” | Some laws exempt small or owner-occupied buildings. |
| “Tax credit buildings can turn you away.” | Federal tax law bars refusing voucher holders in LIHTC buildings. |
Takeaway: the right answer depends on your state and city, so check both.
Frequently asked questions
Can a landlord refuse Section 8 in my state?
It depends on your state and city. About 18 states and D.C. have statewide laws covering vouchers. More than 150 cities and counties have local laws. If neither applies, a private landlord can usually refuse. Tax credit (LIHTC) buildings are an exception everywhere.
Is source of income a protected class under federal law?
No. The federal Fair Housing Act covers race, color, religion, sex, national origin, disability, and family status. Source of income isn’t on that list. Protection comes from state and local laws.
How many states have source of income discrimination laws?
HUD’s Inspector General counted 23 states plus D.C. with statewide laws as of January 2025. Not all of them protect voucher holders. PRRAC’s March 2026 tracker lists about 18 states plus D.C. whose laws cover vouchers.
Is it legal to say “no Section 8” in a rental ad?
Not in places with a source of income law covering vouchers. Many of these laws ban ads that show a preference against voucher holders. Washington’s law bans them directly. Save a screenshot and report it.
Can a landlord require income of three times the rent?
It depends on your state. Illinois counts only the tenant’s share of rent for income tests. Other states may have similar rules. In areas without such rules, a landlord may apply its income test to everyone.
What happens if a landlord breaks a source of income law?
Penalties vary by state. In Washington, a landlord can owe up to 4.5 times the monthly rent, plus court costs and attorney fees. Other states may order damages, fines, or changes to the landlord’s policies.
Your next step
Check the table above for your state. Then search your city and county for local laws. If a landlord refused your voucher, save the proof and file a complaint. Browse more your rights guides or all our guides.
This guide gives general information, not legal advice. State and local laws change often, so confirm current rules with your state agency or legal aid. Read how we check our facts, or report an error. Last reviewed: October 14, 2026.
Sources: PRRAC: State and Local Source-of-Income Nondiscrimination Laws (updated March 2026) | HUD OIG Report 2025-BO-0003: Source of Income Discrimination | RCW 59.18.255, Source of income (Washington Legislature) | Also cited: Delaware SB 293 (2024); Fletcher Properties v. City of Minneapolis (Minn. 2025); 26 U.S.C. 42(h)(6)(B)(iv).
