Fulfilling the Promise of the Housing Choice Voucher Program: Blind Review as an Enforcement Method for Source-of-Income Antidiscrimination Laws

Authors

Zachary Wakefield, Indiana University Maurer School of LawFollow

Abstract

The housing choice voucher program (HCV) is one that provides subsidies to very low-income individuals. These subsidies allow recipients of the vouchers to pay thirty percent of their income out of pocket towards their rent, with the difference being paid by the subsidy from the government directly to a landlord. Although the program itself is federal, it is administered by the states at the local level. As with most housing in the United States, the Fair Housing Act protects HCV recipients from discrimination based on “race, color, religion, sex, familial status, or national origin,” regardless of the state where the housing unit is located. However, the Fair Housing Act does not provide protection against discrimination based on source of income. This kind of discrimination is barred at the state level by a minority of jurisdictions. However, recent source-of-income antidiscrimination laws enacted in high-population localities have resulted in half or more than half of voucher holders benefiting from this protection. In those jurisdictions where source-of-income discrimination is permissible, landlords may turn down HCV recipients solely because a portion of their rent will be paid by the voucher program. In jurisdictions prohibiting such discrimination, source of income may not be considered in the selection of potential tenants.

Recommended Citation

12 Indiana Journal of Law & Social Equality 266