8 tips for LA renters (and landlords) to avoid Section 8 discrimination

California law makes it illegal for landlords to refuse to rent to people who participate in rental assistance programs like Section 8, but tenant advocates say the practice remains widespread in Los Angeles County.

A recent investigation by the Housing Rights Initiative found that up to 70% of L.A.-area landlords turn away tenants who receive federal housing subsidies. And there’s been a flurry of recent lawsuits, including a sweeping case filed last fall by the Housing Rights Initiative. The suit names more than 200 landlords, including several major real estate companies.

"Finding housing discrimination in Los Angeles is like finding rain in a rainstorm," said Aaron Carr, executive director of the Housing Rights Initiative, which investigated landlords across the city.

More than 90,000 L.A. County households rely on the Housing Choice Voucher program — broadly known as Section 8 — the largest rental assistance program for low-income families, seniors and people with disabilities to afford housing in the private market.

Experts say it’s crucial for tenants and landlords to understand their rights and responsibilities.

Here are their tips:

1. Know the law

Since January 2020, California law prohibits landlords from discriminating against tenants based on their source of income, including Section 8 vouchers or other housing subsidies.

"The law regarding source of income protections has changed," said Michelle Uzeta, deputy director at the Disability Rights Education and Defense Fund. "Landlords cannot refuse to rent to someone, charge higher deposits, or treat them differently simply because they use a Section 8 voucher."

This applies to private landlords, property management companies, and corporations that rent residential property in California. The only exception is homeowners who live in their unit and rent out a single room, according to the California Civil Rights Department.

Local landlord groups claim the changes in law have not been communicated clearly, and some housing providers are unaware of their responsibilities to prospective Section 8 tenants.

“Ignorance is not an excuse for breaking the law,” said Carr. “It’s a landlord’s job to learn their legal responsibilities and conduct business accordingly.”

Advocates encourage prospective tenants who encounter potential discrimination to send information about the law to landlords — including this FAQ — to remove any confusion about legal responsibilities.

"Advocate directly for yourself,” said Rodney Leggett, attorney with Housing Rights Center. “Tell them directly Section 8 discrimination is illegal. Ask them directly to accept your voucher. If they blow you off, or just ignore you, that might be a denial of your voucher in and of itself."

2. Document everything

Experts recommend that voucher holders document all interactions with potential landlords. If speaking by phone, take notes on who you spoke with, what exactly they said, how you found the listing and more. When possible, get things in writing. Save any listings, email conversations and text conversations. Applicants should ask landlords directly if they’ll accept Section 8, but only after confirming the housing is otherwise available, advocates said.

"Voucher holders should be sure to get confirmation that a listing is still available before they mention they are a voucher holder," advises Jacqueline Burbank of Inner-City Law Center. "Having these conversations over text also gives you a record of what was said. It is hard to prove details of phone conversations."

If a landlord responds with "no Section 8" in writing, they've provided clear evidence of illegal discrimination.

3. Understand financial requirements

Landlords are allowed to screen potential tenants for income eligibility, but they have to calculate it differently for voucher holders.

Section 8 participants cover a portion of their rent equivalent to 30% of their income, and the federal government covers the rest. The program is funded by the U.S. Department of Housing and Urban Development, or HUD.

So if a landlord requires tenants to earn three times the monthly rent, a 2024 California law says they can only apply that requirement to the part the tenant actually pays, not the entire amount.

That means that if the rent is $2,000 and the tenant’s portion is $500, the landlord can only require the tenant to show a monthly income of $1,500.

4. Know your alternative screening options

Credit history should not be a barrier for voucher holders.

If landlords plan to check credit, they must give applicants with housing subsidies the opportunity to present alternative proof of their ability to pay rent. This could include documentation of the receipt of public benefits, bank statements or pay stubs.

Landlords must consider these alternatives instead of relying solely on credit reports, according to the California Civil Rights Department.

5. Seek out housing providers who welcome Section 8

Not all landlords resist Section 8.

"There are some housing providers who actively market to people who utilize Section 8," Uzeta said. "Look for places that want you."

Renters can find those landlords on websites like affordablehousing.com, or check listings on other rental databases for language like “Section 8 accepted.”

Still, many landlords are wary of working with Section 8 or other government subsidy programs, because they believe there’s too much red tape. To accept Section 8 vouchers, private landlords have to have their properties inspected and approved by HUD.

“Working with these housing authorities is like being forced to eat at a restaurant that has poor service and a C-rating,” Dan Yukelson, executive director of the Apartment Association of Greater Los Angeles, said. “This makes housing providers, particularly the majority who are independent owners and lack resources to handle the complexities of a poorly run government bureaucracy, reluctant to deal with these government agencies.”

Landlords who are interested in participating in Section 8 can contact their local housing authority for information about the program's benefits and requirements.

6. Recognize the advantages for landlords

Landlords who accept Section 8 receive guaranteed payments directly from the housing authority.

"It's really shocking to me that more landlords do not realize that this is guaranteed rent money," Uzeta said. "The government is not going to be late on your rent payment."

Tenants with Section 8 vouchers also undergo background checks by housing authorities and have a strong incentive to comply with lease terms to maintain their assistance.

Yukelson said many landlords jump at opportunities to house voucher holders.

“Most housing providers would welcome government-backed rent and the chance to assist a family or veteran who is in need of housing,” he said.

7. Report discrimination when it happens

Report Section 8 discrimination right away to the California Civil Rights Department.

Voucher holders should notify their advisor at the housing authority or other agency overseeing their voucher program. Advisors may contact landlords directly to advocate for their clients, Leggett said. Prospective renters are also encouraged to call pro-bono legal support organizations like the Legal Aid Foundation of Los Angeles, Inner City Law Center, Housing Rights Initiative and Housing Rights Center.

Landlords found in violation could face significant penalties, including monetary damages.

8. Connect with advocacy groups for support and training

Several organizations across Los Angeles provide resources for tenants and landlords navigating Section 8.

Legal Aid Foundation of Los Angeles, Inner-City Law Center, Housing Rights Initiative, Housing Rights Center and the Disability Rights Education and Defense Fund all provide resources for voucher holders facing discrimination. They offer free legal advice, representation and self-advocacy workshops.

The California Civil Rights Department also offers online training on source of income discrimination for landlords and renters. For landlords, regular fair-housing training can prevent costly legal issues.

“We encourage rental housing providers to take a Fair Housing class annually or at least every two years to keep up with the changing regulatory landscape,” Yukelson said. “This is not a 'follow your gut instinct business,' but a 'know the law' kind of business.”