Legal Hotline Question of the Month: Rental Applications with Housing Vouchers – What does this mean for my Landlord?
Housing Choice Vouchers (HCVs) are a great way for tenants to request government assistance to supplement their income so they can afford the best home for them. Applicants to HCV programs must abide by strict standards in order to continue receiving the vouchers, which can make them reliable tenants.
In 2020, the Virginia legislature introduced “Source of Funds” as a protected class in the housing market, meaning that a landlord cannot use an individual’s source of income – such as their job or whether they receive HCVs – as a reason to reject the application of an otherwise qualified prospective tenant.
However, this Source of Funds protection only applies to Landlords who have at least a 10% interest in over four (4) homes which are being rented in Virginia at the time of the application. This means that, for example, this law does not apply to Landlords who are only renting one property at a time.
Moreover, it is not unlawful for the landlord to consider the financial qualifications of the applicant and verify the source of funds and other income. However, regardless of how many properties a Landlord has, Realtors® must never advertise that they do not accept HCVs, as this language could potentially have a disparate impact on certain other protected classes.
Please see our FAQs for more info: Fair Housing FAQ (nvar.com)