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Old 09-01-2009, 08:56 PM
 
2,605 posts, read 8,144,253 times
Reputation: 1986

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When you talk about discriminatory practices, it is only discrimination against the protected classes that is illegal. Keep in mind discrimination in housing happens all the time and it is perfectly legal. People with bad credit are discriminated against. In rental situations people with big dogs are discriminated against as well as people with certain kinds of criminal backgrounds. Discrimination alone is not illegal, it only crosses the line when a protected class is involved.

The point being that as long as source of income is not a protected class either by Federal law or additional local ordinance, then I don't see how they would have a basis for challenging a subdivision restriction that prohibits section 8. Not the way the law stands as we speak.

If a landlord wanted to take section 8 against the restrictive covenants of the development and he wanted to use unfair discrimination as the reason for challenging it, then he would have to prove it was discriminatory based on protected classes. Just calling it "discriminatory" alone doesn't make it illegal. Now if he had some other argument against the restriction, and there may be other arguments, then that is something else entirely.
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Old 09-01-2009, 10:13 PM
 
809 posts, read 3,326,812 times
Reputation: 571
Thanks for the feedback everyone!

Quote:
Originally Posted by crbcrbrgv View Post
Maybe it would have helped if I would have started by saying, "My brother is a lawyer and was involved in an HOA/Section 8 battle that nearly wiped out an HOA." That's how I know. I apologize for saying you were trying to find ways to discriminate against people.
Was it the same situation where the Deed Restrictions prohibit Section 8 rentals? Can I ask what the result of the suit was?

My goal is not so much to kick anyone out, but rather to prevent the landlord from making his house a section 8 rental once this lease is up.
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Old 09-03-2009, 10:22 PM
 
Location: Austin & Houston, TX
1,461 posts, read 5,212,649 times
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Subsidized housing for low income families and individuals.
Quote:
Originally Posted by texasfirewheel View Post
Please excuse my ignorance, but exactly what is "Section 8"? I've heard the term for years but dont know what it is.
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Old 09-06-2009, 07:41 AM
 
410 posts, read 1,392,578 times
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Just FYI: Some landlords don't take Section 8 because the housing authority doesn't pay their part of the subsidy for 3+ months. Who really wants to wait that long and have to "front" that mortgage payment? (I know that for a fact the initial payment is late most of the time). There is also ALOT of paperwork and the housing authority inspects the unit to deem it "fit" for the person to live in. I will say after the initial "wait period" which could be like I said a couple months the payments come every month on time.

It's not always a discrimination issue. Everyone that recieves assistance isn't a "bad" person or will damage someone's property. Their are "bad seeds" out there just like every other place that rents out apartments, homes, etc. There will always be people who don't take care of a property they are renting. That's why landlords must do their "research" before leasing to tenant and do periodic inspections of their units so they won't be shocked when the resident moves out and the unit has repairs that cost thousands of dollars$$$$$$$.
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Old 09-06-2009, 02:47 PM
 
12,671 posts, read 21,955,159 times
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What I don't like is the they have Section 8 apartment complexes next to the ones that are not Section 8. Totally different income levels.
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Old 07-15-2010, 10:36 AM
 
Location: Georgia
1 posts, read 2,946 times
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I need to see if a home in my neighborhood is a section 8 home, is there a web site I could check it out at?
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Old 07-15-2010, 11:15 AM
 
Location: The Greater Houston Metro Area
9,050 posts, read 15,531,794 times
Reputation: 15192
Quote:
Originally Posted by Be Happy 2 View Post
Just FYI: Some landlords don't take Section 8 because the housing authority doesn't pay their part of the subsidy for 3+ months. Who really wants to wait that long and have to "front" that mortgage payment? (I know that for a fact the initial payment is late most of the time). There is also ALOT of paperwork and the housing authority inspects the unit to deem it "fit" for the person to live in. I will say after the initial "wait period" which could be like I said a couple months the payments come every month on time.

It's not always a discrimination issue. Everyone that recieves assistance isn't a "bad" person or will damage someone's property. Their are "bad seeds" out there just like every other place that rents out apartments, homes, etc. There will always be people who don't take care of a property they are renting. That's why landlords must do their "research" before leasing to tenant and do periodic inspections of their units so they won't be shocked when the resident moves out and the unit has repairs that cost thousands of dollars$$$$$$$.
Because of the increased problems with a Section 8 rental, most landlords will not do it a second time. That's why Section 8 rentals in the MLS are few.

I imagine they will get around to including gays in the Fair Housing categories before source of income. It's hard to believe that in this day and time, gays are not included. Secondly, because of the burden placed on landlords with Section 8, I don't see how individuals can be forced to accept them.
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Old 07-29-2010, 11:40 PM
 
Location: very new to Ossining NY
220 posts, read 342,079 times
Reputation: 155
Can someone please explain to me all the concern about section 8 voucher holders on the mainland?? Here, in Hawaii, at least on Oahu, if you have a good enough credit score and can come up with 3% of downpayment, you can use voucher to become a homeowner. Now, obviously, someone that has a voucher and would be first time homeowner isn't going to be able to buy a $5,000,000 home, but I know of a few people who were on welfare and actually broke their cycle of poverty by becoming the owners of a modest property, getting off section 8 and welfare, and through gradually trading up, are actually millionaires on paper (not in liquid assets).

I've read a few threads on Section 8 on this website, and many people seem very fearful/disgusted by it. In Hawaii, if you can find housing in the better neighborhoods, as renters, very few complain about it (or know about it?). It is rare, but does happen sometimes, and the families' lives change dramatically for the better, esp. for their children.

I don't know about zoning in Honolulu, but as long as the place, apt. or house, is a separate unit with its own entry, has a bathroom area and kitchen area for the renter's exclusive use, then if a landlord wants to rent to Section 8, no problem, in almost all cases. Many new, moderately priced apartment complexes have a certain percentage set aside for Section 8 renters. I know of only a few apartment complexes that rent only to Section 8 voucher holders.

I'm curious about the system in other states/cities.
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Old 08-04-2011, 04:58 PM
 
584 posts, read 1,675,592 times
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if i was the land lord i would tell you none of your dam business, as long as the cops are not there all the time. sec 8 does not make some one low life they might be disabled. elderly. few years back i rented in a place that had a tenets association. they tried to tell me and the g/f what color curtains we could have(had to match neighbors and not clash with them from the out side) the color of one Deck furniture even. was not informed they had this group. when we rented. i do not like ra's or hoas both tend to be ran by power hungry fools. get to know the tenets. i manage building if a renter ask if a new person gets hud i tell them mind your own place.
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Old 08-29-2011, 06:36 PM
 
3 posts, read 4,394 times
Reputation: 11
So b/c some ppl give the program a bad name all ppl on section 8 are bad? How quick ppl r to judge. Shame! Shame! What happend to all ppl are equal? Does that only apply to color? I think not!!Now how ignorant is that train of thought??? !!
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