In Ohio, landlords are prohibited from discriminating against potential tenants based on their source of income, including Section 8 vouchers. This means that landlords cannot refuse to rent to someone solely because they receive Section 8 assistance. However, landlords are allowed to consider other factors, such as a tenant’s credit history, rental history, and criminal background, when making a decision about whether to rent to them. If a landlord denies a rental application based on one of these factors, they must be able to demonstrate that the decision was not based on the applicant’s Section 8 status.
Fair Housing Act and Landlord’s Obligations
The Fair Housing Act protects individuals from discrimination in housing based on several factors, including disability. Landlords have an obligation to comply with the FHA and provide reasonable accommodations for tenants with disabilities.
A Section 8 voucher is a form of housing assistance provided by the U.S. Department of Housing and Urban Development (HUD) to low-income families, the elderly, and disabled individuals. Section 8 vouchers allow these individuals to rent housing in the private market.
Landlord’s Right to Refuse Section 8 Voucher Holders
In general, landlords cannot discriminate against tenants based on their source of income, including Section 8 vouchers. However, there are some exceptions to this rule.
- Owner-Occupied Housing: Landlords who live in the same building as their tenants (duplex, triplex, fourplex, or single-family home) are exempt from the Fair Housing Act and can refuse to rent to Section 8 voucher holders.
- Housing for Seniors or Disabled Individuals: Landlords of housing designated exclusively for seniors or disabled individuals can refuse to rent to Section 8 voucher holders if the voucher holder does not meet the age or disability requirements for the housing.
Reasonable Accommodations for Section 8 Voucher Holders
Landlords are required to make reasonable accommodations for tenants with disabilities, including Section 8 voucher holders. Reasonable accommodations are changes to policies, practices, or procedures that allow a person with a disability to enjoy equal access to housing.
Some examples of reasonable accommodations for Section 8 voucher holders include:
- Accepting Section 8 vouchers: Landlords are required to accept Section 8 vouchers unless they have a valid exception.
- Waiving security deposits: Landlords can waive security deposits for Section 8 voucher holders if they can provide proof of their participation in the Section 8 program.
- Making modifications to the unit: Landlords may be required to make modifications to the unit to make it accessible for a tenant with a disability. The landlord can charge the tenant for the cost of the modifications, but they cannot charge a security deposit for the modifications.
Conclusion
Landlords in Ohio are generally prohibited from refusing to rent to Section 8 voucher holders. Landlords can only refuse to rent to Section 8 voucher holders if they have a valid exception under the Fair Housing Act, such as living in the same building as their tenants or renting housing exclusively for seniors or disabled individuals.
Ohio Fair Housing Act
According to the Ohio Fair Housing Act, it is illegal for landlords to discriminate against potential tenants based on their source of income. This means that landlords cannot refuse to rent to someone because they receive Section 8 housing assistance.
Landlords who violate the Ohio Fair Housing Act may be subject to legal action, including fines and damages.
Exceptions to the Ohio Fair Housing Act
There are a few exceptions to the Ohio Fair Housing Act that allow landlords to refuse to rent to someone with a Section 8 voucher.
- The landlord can refuse to rent if the tenant has a history of damaging property or causing disturbances.
- The landlord can refuse to rent if the tenant has a history of not paying rent on time.
- The landlord can refuse to rent if the tenant has a criminal record that includes violent crimes or drug offenses.
What to Do If You Are Denied Housing Based on Your Section 8 Voucher
If you are denied housing based on your Section 8 voucher, you can file a complaint with the Ohio Civil Rights Commission. The commission will investigate your complaint and may take action against the landlord if it finds that they have violated the Ohio Fair Housing Act.
Additional Resources
For more information about the Ohio Fair Housing Act, you can visit the following websites:
| Protected Class | Examples of Discrimination | What to Do if You Are Discriminated Against |
|---|---|---|
| Race | Refusing to rent to someone because of their race or color | File a complaint with the Ohio Civil Rights Commission |
| Religion | Refusing to rent to someone because of their religion | File a complaint with the Ohio Civil Rights Commission |
| National Origin | Refusing to rent to someone because of their national origin | File a complaint with the Ohio Civil Rights Commission |
| Sex | Refusing to rent to someone because of their sex | File a complaint with the Ohio Civil Rights Commission |
| Disability | Refusing to rent to someone because of their disability | File a complaint with the Ohio Civil Rights Commission |
| Familial Status | Refusing to rent to someone because they have children | File a complaint with the Ohio Civil Rights Commission |
Eviction Protections for Section 8 Tenants
In Ohio, landlords who accept Section 8 vouchers are subject to specific rules and regulations regarding tenant evictions.
Section 8 tenants have several eviction protections, including:
- A right to a hearing before being evicted. At the hearing, the tenant can present evidence and arguments to show why they should not be evicted.
- A right to notice of any rent increases. Landlords must give tenants at least 30 days’ notice of any rent increases.
- A right to a reasonable grace period to pay rent. Landlords cannot evict tenants for nonpayment of rent until after the grace period has expired.
- A right to legal representation. Tenants can get free legal help from Legal Aid or other organizations.
In addition to these general eviction protections, Section 8 tenants also have some specific protections, such as:
- A landlord cannot evict a Section 8 tenant because they receive Section 8 assistance.
- A landlord cannot evict a Section 8 tenant because they have a disability.
- A landlord cannot evict a Section 8 tenant because they have children.
If a landlord tries to evict a Section 8 tenant without a valid reason, the tenant can file a complaint with the Ohio Department of Job and Family Services. The department can investigate the complaint and take action against the landlord, such as issuing a warning or an order to stop the eviction.
| Step | Action | Timeline |
|---|---|---|
| 1 | Landlord serves tenant with eviction notice | 3 days |
| 2 | Tenant has right to a hearing | 10 days |
| 3 | Hearing is held | 14 days |
| 4 | Landlord can file for eviction if tenant does not pay rent or move out | 5 days |
| 5 | Eviction order is issued | 10 days |
| 6 | Tenant has 10 days to move out | 10 days |
If a landlord violates a Section 8 tenant’s eviction rights, the tenant can also sue the landlord in court.
Thanks for sticking with me through this exploration of the legality of refusing Section 8 housing vouchers in the state of Ohio. I know it can be a lot to take in, but I hope this article has shed some light on the subject for you. If you have any further questions, be sure to leave a comment below and check back soon for more informative content. Until next time, keep striving for fair and equitable housing practices!