Source of Income - Fair Housing Law Project (2024)

If you are denied an opportunity to rent a home or apartment—or given false information about a rental—because of your source of income, you are a victim of illegal housing discrimination. It is also illegal for landlords or other housing providers to treat in-place residents or their guests unfavorably because of the individual’s source of income.

Housing providers must treat all income equally, as long as the source is legal, regular, and verifiable. Sources of income can include employment, public benefits, retirement or disability, payments from investments or trusts, alimony, and child support.

Examples & Warning Signs of Source of Income Discrimination

  • Advertising that an individual “must have a job” to rent, or requiring documentation that is only available to working applicants, like paycheck stubs.
  • Refusing to rent to an individual who is receiving public benefits, or other source of income such as Housing Choice Vouchers (Section 8), or refusing to use all regular and verifiable income in determining whether an applicant meets minimum income requirements.
  • Setting income requirements artificially high (i.e. monthly income must be four times the rent) in order to exclude applicants who receive public benefits.
  • Requiring co-signers or a larger security deposit because of an applicant’s source of income.

If you suspect that you are a victim of housing discrimination on the basis of your source of income, contact the GBLA Fair Housing Law Project.

FHLP Source of Income Discrimination Flyer: English or Spanish

Source of Income - Fair Housing Law Project (2024)

FAQs

What is the primary source of the Fair Housing Act? ›

The Federal Housing Act (FHA) is the primary source of protection against housing discrimination. It was originally enacted as Title VIII of the Civil Rights Act of 1968 ( Pub. L. 88-352, 78 Stat.

What is an example of source of income discrimination? ›

Examples & Warning Signs of Source of Income Discrimination

Setting income requirements artificially high (i.e. monthly income must be four times the rent) in order to exclude applicants who receive public benefits.

Is source of income a federal protected class? ›

Source of Income is an additional protected class in housing discrimination, but it is not part of the Fair Housing Act. This is because currently, discrimination based on your source of income isn't a federal issue. Still, it is a commonly added protected class under state and local fair housing laws and ordinances.

Which California fair housing law prohibits discrimination based on source of income? ›

California's Fair Employment and Housing Act (FEHA) prohibits discrimination based on source of income.

What is the primary purpose of the Fair Housing Act? ›

The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.

What is an example of a fair housing violation? ›

Refusal to sell, rent, or lease rooms, apartments, mobile homes, condos, or houses. Refusal to negotiate for the sale, rental, or lease of housing. Informing someone that an apartment is not available for inspection, sale, or rental when it is in fact available.

What do you put for source of income? ›

Three of the main types of income are earned, passive and portfolio. Earned income includes wages, salary, tips and commissions. Passive or unearned income could come from rental properties, royalties and limited partnerships. Portfolio or investment income includes interest, dividends and capital gains on investments.

What is an example of an income source? ›

What are income sources? Income sources are the various channels through which individuals or businesses earn money. These may include employment, investments, rental income, and royalties, among others.

What is an example of not a source of income? ›

A student loan payment is a money paid out. So, it does not qualify as income.

What is a legal source of income? ›

• “Source of income” means lawful, verifiable income. paid directly to a tenant or to a representative of a. tenant, or paid to a housing owner or landlord on. behalf of a tenant, including federal, state, or local. public assistance, and federal, state, or local.

What is discrimination on the basis of income? ›

Discrimination based on lawful source of income is the illegal practice by landlords, owners, and real estate brokers of refusing to rent to current or prospective tenants seeking to pay for housing with housing assistance vouchers, subsidies, or other forms of public assistance.

What are protected income sources? ›

Types of protected income include social security, SSI, SSDI, and veterans' benefits. These income sources cannot be taken out of a bank account by a creditor.

What are the three most common violations of fair housing laws for rental housing in California? ›

Refusal to rent, sell, or negotiate for housing, or otherwise make housing unavailable. Providing different terms, conditions, privileges, or provision of services or facilities. Falsely denying that housing is available for inspection, sale, or rental.

Who is exempt from fair housing laws in California? ›

Some exceptions that apply at the federal level don't apply in the state of California, meaning housing providers could still fall under housing discrimination and the jurisdiction of court. The main exemption to the act is one that applies to single-family homes where the owner is one of the occupants.

What is the most common type of fair housing discrimination? ›

An example could be someone with osteoporosis who needs a grab bar installed in the bathroom. It is important to note, that just because disability is the most common basis for filed fair housing complaints, it does not necessarily mean that it is the one that occurs most often.

What is the origin of the Fair Housing Act? ›

Title VIII of the Act is also known as the Fair Housing Act (of 1968). The enactment of the federal Fair Housing Act on April 11, 1968 came only after a long and difficult journey. From 1966-1967, Congress regularly considered the fair housing bill, but failed to garner a strong enough majority for its passage.

What's the primary purpose of the Federal Fair Housing Act quizlet? ›

The Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, disability, or familial status in the sale, lease, or financing of residential property.

Are fair housing laws state or federal? ›

United States (Federal) Fair Housing Laws are investigated and enforced by the U.S. Department of Housing and Urban Development (HUD). To report illegal housing discrimination under Federal laws, please refer to the HUD Housing Discrimination Complaint Form.

What is the federal Fair Housing Act known as? ›

The Federal Fair Housing act is officially known as Title VIII of the Civil Rights Act of 1968.

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