Is it discrimination to say "no evictions or no section 8" in a print ad for an apartment?

Question

if you follow this rental criteria for everyone is it discrimination?

Answer 1

It is not discriminatory, since acceptance of Sec 8 is not required in CA, and those with evictions are not a protected class.

Answer 2

You can say no to section 8, because you are not legally bound to offer section 8 housing.   You might get caught on the eviction thing, but those can be weeded out during applicant screening.

Answer 3

"No evictions" in an ad is legal in every state. Not all discrimination is illegal, it is perfectly legal to discriminate against people that force a landlord to evict them.

Actually, in California (and several other states), a landlord cannot discriminate based on source of income - which covers Section 8, housing assistance, etc.

It is illegal and discriminatory to state "No Section 8" or "Section 8 Not Allowed" in a print ad for housing.

http://www.prrac.org/pdf/Source_of_Incom...

Title 2, §12955

It shall be unlawful:

(a) For the owner of any housing accommodation to discriminate against or harass any person

because of the race, color, religion, s*x, sexual orientation, marital status, national origin,

ancestry, familial status, source of income, or disability of that person….

(c) For any person to make, print, or publish, or cause to be made, printed, or published any

notice, statement, or advertisement, with respect to the sale or rental of a housing

accommodation that indicates any preference, limitation, or discrimination based on race, color,

religion, s*x, sexual orientation, marital status, national origin, ancestry, familial status, source of

income, or disability or an intention to make any such preference, limitation, or discrimination.

Answer 4

Section 8 places a significant list of additional expectations on a landlord, so he is within his rights to refuse. "Evicted persons" are not a protected class so he is within his rights to refuse them as well.

Answer 5

No, neither of these are protected classes under the Fair Housing Act.  Plus, if it is a private owner who only has a few apartments, they can pretty much put whatever they want, because they are not bound to the same rules.

Good luck in your search!