I own a 2 family that I live in with my family, I rent out the second floor. I well screened past tenants and have been lucky as I have had great tenants. The last remnant was here 5 years, he moved because he was moving in with girlfriend and she wanted to stay closer to where she lived. I have been getting some calls from people with homeBASE vouchers, as a rule I don’t accept them or section 8, but I still show the unit anyway to avoid a discrimination problem. This last homeBASE person was rude from the first call, (she said I’m interested in the apartment, I’m on homeBASE is that a problem because it’s illegal if you say it is. Then she kept putting off the showing time saying she didn’t have a ride) needless to say I would never rent to her. My question is can I tell them legally I’m not going to rent to them over the phone based on screening questions, and if so what is the best way to say it to avoid a problem (such as discrimination) --71.248.xxx.xxx

In the meantime market someplace else and try like heck to get someone better qualified --74.105.xxx.xxx

You don't have to say anything about not going to rent to them for whatever. Just move on and delay or don't respond to them if they are not screening well. --24.20.xxx.xxx

I don’t Participate in the section 8 program but always offer to show the property non section 8. 99% of the section 8 tenants don’t want to waste their own time And never look at the property. --24.130.x.xxx

To Frank NJ, In MA an owner occupied 2 unit dwelling doesn’t have to comply with most FHA laws. I can deny for just about any reason, but I have to comply with FHA laws when listing the unit. Which I don’t really understand, I can deny an applicant with children, but I cannot advertise “no children” --71.248.xxx.xxx

When I advertise a unit I let all calls go to voicemail. My rental ad says to call, text, or email and leave your full name. If anyone mentions section 8 or homebase in their voicemail or text I often get forgetful about returning a call. My next step for people that make it past the voicemail is that I run their name through masscourts, google, sex offender registry, and Facebook. If anything looks undesirable based on my searches in these databases, I don’t get in touch with them. If people make it to my next step I call them and ask a set list of screening questions. A lot of people on here dont like to talk with perspective tenants, but I find it to be a valuable step in my screening process. For prospects that still look good after my prescreening, I’ll setup a showing. If I get dooped and end up on the phone with a voucher holder, I tell them that I’d happily accept their voucher. I then ask them to email me whatever information I’d need to make my unit ready for the required inspection. In the handful of times I’ve done this, none have ever followed up with the email or contacted me again. --24.147.xx.xxx

Keep in mind that because of how hard it is in Massachusetts to get a tenant out it’s in your best interest to have a robust screening process to save you much time and money down the line. --24.147.xx.xxx

What Johnny B said sounds like a very, very good plan to me. --70.92.xxx.xxx

Sad that we have to go through such machinations to keep rude/aggressive people from living in the same building as our families. --70.92.xxx.xxx

Schedule an open house from 2 to 4pm and invite them all to come at that time. Tell them all "Yes you can see the place the time to do that is ----insert time convenient for you ----- " disqualify them for as many other reasons you can --99.203.xxx.xxx

GKarl,s prescreen questions work wonders on deadbeats. Deadbeats don't want to answer the questions and until they do, they don't get the address. Have an open house only for those willing to comply with your email questionnaires. --184.185.xxx.xx

I own a 4 bedroom house in a nice neighborhood and have never chosen to rent to Section 8/voucher recipients. The main problem is the rent maximums. The rent for homes like mine is high and I don't want to be limited in how I handle rent increases. Also my father-in-law has rented through this program and tells me how hard its been for some renters to still pay their (small) portion of the rent. Usually the caller asks if I participate and I say no. Based on the previous posts, am I out of compliance? I never heard that a landlord is required to accept the program. My understanding is there is lots of paperwork and regular inspections. I simply don't have the time to deal with this given the rental market is very active in my area. --100.15.xx.xx

To Lloyd MD, I have always aired on the side of coution and never denied due to section 8, I just deny based on other reasons that are legal. A quick google search will tell you that federal law does not require that you participate in the section 8 program, however some states such as MA, CT, and MD require you to participate. In NJ if a tenant that already is living in the unit becomes eligible the landlord must accept section 8. So if you live in 1 of these states saying you do not accept section 8 is discrimination. Still in other states there are laws saying you cannot discriminate based on source of income, my understanding is that the courts in this case have ruled that the section 8 payments are made from the federal government to the local housing authority, to the landlord. Therefore the monies are considered income of the landlord not the tenant. But as I have previously stated, I air on the side of caution as I don’t need the aggravation or wish to pay the legal fees to defend myself against a discrimination lawsuit. So I treat everyone the same and show the unit, but automatically deny section 8 or homeBASE applications, (but for legal reasons) which after suggestions I have gotten from this post I will document and keep in a file just in case. --71.248.xxx.xxx

Are they actually forcing people to accept Section 8 in some places now? --72.188.xxx.xxx

Since you are an owner occupant in a 2 family, you may be more selective than a non owner occupied LL. Google discrimination by owner occupied LLs in MA. --96.237.xx.xx

In MA I can say for sure that they are!!! It is illegal in MA to reject a application based solely on section 8. As far as I know I can reject for reasons such as “l believe the tenant does not have the ability come up with their portion of the rent, or because the housing authority won’t pay the rent requested for the unit”. And I’m sure they will change that at some point. But as far as just denying based solely on the fact they are on section 8, yup in MA that’s illegal. So fortunately thus far I have found in the application process legal reasons to reject them. This state is a joke, the politicians are putting the burden of homelessness and poverty on private landlords. The government comes up with housing vouchers and programs that end up screwing landlords. So landlords end up not wanting to accept the programs, rather than fix the program and provide assistance to landlords they just pass a law requiring us to accept their flawed programs. You really want to read about a flawed program in MA search “HomeBASE” on this site, don’t even get me started on that grenade the state wants us to put in our apartments. --71.248.xxx.xxx

Even if they passed screening, I don't understand how this can work. The LL could just deliberately fail the S8 inspection, or not send in all the S8 paperwork. --72.188.xxx.xxx

Sounds like I need to update my application. Much appreciated! --100.15.xx.xx

I had a similar scenario. An applicant said that I HAD to rent to her because she had a housing voucher or it was discrimination. She insisted she did not need to fill out my application because she was “ already approved” because of her voucher. She acted like that voucher was Willy Wonkas Golden Ticket. I explained to her that she was confused about the legalities of it and I did not have to rent to her because of the voucher, I just couldn’t deny her because of it. She started ranting about “ Don’t you know who I am?” and “ This is going to cost you” . It was a scare tactic to get in the door and it didn’t work out for her. I won’t show a place to someone who is hostile or threatening and I don’t have to. My lease specifies that behavior is unacceptable so why would I ever allow it at a showing. I have had Homebase tenants. My screening is tough but if someone qualifies then they qualify . --71.10.xxx.xxx

( To J in FL,) In MA saying the apartment won’t pass inspection is considered discrimination, if it fails you are required to make the repairs to make it pass. The state also mandates for section 8 you have to provide a 1 or 2 year lease, and it’s illegal to say you won’t take section 8 because you only do month to month. The state mandates you must alter your lease to accommodate section 8. Then the state mandates that the tenant can terminate the lease at any point as long as they give you 30 day notice if they are accepted into another housing program. (Basically saying the landlords have to accept them, must make all repairs to make the unit pass section 8 inspection at LL cost, alter your lease to accommodate them, and allow them to terminate the lease as soon as a better opportunity arises!) I don’t understand how that as a LL I have to give them a 1 year lease, but they basically stay as a month to month tenant!!! Like I have said this state is a joke. --71.248.xxx.xxx

Do you have a written list of tenant selection criteria? If not you really should develop one. --96.237.xx.xx

At least in NY (the progressive vampire state) we can chose to not participate in section 8. I just say I am not section 8 approved and be done with it. The one time I looked into the program, one of the first things they asked for was my SS number, I refused to give it. They dropped everything. Of course that was many years ago. --108.4.xxx.xx

To Steve in MA, Yes I require first, last, and security, I require verification the utilities are in their name before turning over the keys, I have my tenant selection criteria in writing, I keep in a secure file cabinet with all applications that were submitted and I turned down as well as a brief letter explaining the reasons they were rejected just in case I ever have to explain myself against discrimination. I do not charge a key/lock fee but I will now thank you for the advice. Also just so there’s no confusion, I do not accept section 8 or HomeBASE, I just air on the side of caution and reject them for another legal reason. My screening criteria is fairly strict, and it applies to all applicants. As I said I have a file cabinet full of denied applicants of all races and income levels, not just the protected class. I was recently told by a realtor friend of mine that I can no longer ask for 1st, last, and security I can only ask for only 1st and last or 1st and security. Has anyone else heard that and is it true? --71.248.xxx.xxx

Your "realtor friend" is mistaken. In MA a LL may require a first, last, SD equal to or less than first and a reasonable key / lock fee. You don't have to require all of these however IMO you should. It's important to remember that certain procedures need to be followed when accepting any monies from new tenants especially regarding escrowing, unit conditions and interest paid. --96.237.xx.xx

rather than coming up with random times, tell her to contact you when she has a ride. then, take your time calling back and not be available and tell her to let you know next time she gets a ride. --72.70.xxx.xxx

To Steve in MA, Thank you for all the advise, I am going to implement everything you suggested that I am not already doing. I actually googled about the 1st, last, SD laws in MA after I was told that about a month ago and read exactly what you said. I thought maybe the law changed since April of 2018 which was the date listed on the Masslegalhelp web page I read that on. I have always in the past required 1st, last, SD. I mistakenly was told I could no longer ask for all 3, But I’m gonna change the add to include 1st, last, and SD. I am familiar with unit inspection reports signed by the tenant at the time of key transfer, keeping the security deposit in an escrow account, and paying interest on held last months rent and I follow all those procedures. --71.248.xxx.xxx

--70.92.xxx.xxx

To Busy [WI], I think this topic got a little off track, my initial concern was with a incredibly rude caller that has a homeBASE voucher. In my state HomeBASE is a program that gives money to homeless families currently living in a homeless shelter, hotel, or other “unsafe” area. These people are given up to 1 years rent , (but majority of the time 3 months rent and security deposit) and furnishings for the apartment. After that they are on their own with the hopes this “shot in the arm” helps them get a job, or stay employed and not return to being homeless. This particular caller was rude from the first call, then I kept calling to confirm showing and she would almost arrogantly say “I need to make it later, I don’t have a ride” After pushing it back 3 times from 4:00 pm to 7:30 I finally said we are going to have to reschedule for another day I have things to do, she then very rudely said “you can’t even wait for me to get a ride, it’s discrimination if you don’t accept HomeBASE” So I was asking if there was a way to tell her over the phone that I won’t be renting to her and not have to worry about being accused of discrimination. I received several suggestions on how to deal with her as well as many other good policies I am implementing from this thread, especially from Steve [MA]. I only own a 2 family house that my family lives in in 1 unit, and I rent the other. I have to be very selective on who I rent to. I must say this site is an incredibly valuable tool for me, I’ve been renting out half of this house for over 15 years but this sites Q&A helps me so much by getting the thoughts of people that have been doing this on a larger scale than me and in some cases as their only business. Their thoughts and experiences are very helpful to me and I appreciate everyone who took the time to answer this post. Thank you everyone --71.248.xxx.xxx

JKJ thanks for the explanation. --72.188.xxx.xxx

It's not part of my rental application. It's part of my written criteria for selecting tenant once they have applied. --96.237.xx.xx

No need to keep arguing with people. Keep conversations simple. All of the conversation about homebase was un-needed. Waaay to many machinations to avoid risk of discrimination. Say very little, and DON’t CHASE tenants by calling them. You can simply schedule open house as Plenty said, and they either get a ride or don’t. --70.92.xxx.xxx

Do you see how I did that, jkj? Did I have any discussion of any payment system? Nope! And, if the voucher system allows for MTM, which I actually would prefer, I would continue to screen normally. I know a couple of Section 8 neighbors, and I’d rent to them in a heartbeat! Great people. Others.....well, they probably would want to argue about getting rides... Nope. No arguing. --70.92.xxx.xxx

To Busy [WI], thank you great advise, I guess looking back I was concerned about giving the address, then this ignorant person I don’t know doing something to my home if they got there and I wasn’t there to show unit. I followed up to see if they were in coming or not before I left. In the future I will implement you system. Thank you again for your knowledge. --174.192.xx.xx

You seem like a very astute learner. --70.92.xxx.xxx

I make an appointment with the prospective tenant and tell them that they have call me at least at least a half hour before the appointment time to let me know they are on the way to see the rental. If they do not call, I do not go for the appointment. That has saved me from wasting my time with 'a no show". --173.91.xxx.xxx

Busy, hey girl,how’s she cutting, have a few section 8s nice people, no problem..gotta go to grocery store and get someIrish Soda BreadEasier than me making it advoid a catastrophe.......Charlie........ --32.214.xxx.xx