Refusing Housing Vouchers Is Source of Income Discrimination

On the national level, while landlords won roughly two of every three cases in 2023, the most significant fair housing case of the year was a landlord loss. It involved what is rapidly becoming a major source of fair housing litigation, namely, source of income discrimination, which occurs when a landlord excludes an applicant or tenant who has the money to pay rent because of where that money comes from.

      Although source of income isn’t a protected class under the FHA, the contention is that excluding recipients of child support, Section 8 vouchers, unemployment benefits, veterans benefits, etc., has a disparate and discriminatory impact on the disabled and people of certain races, national origins, etc., who disproportionately rely on these sources of income.

      Phil Querin Q&A: Adding New Occupant to Rental Agreement; Rent Increases in First Year

      Question: My tenant wants to add another person to their Rental Agreement. This new person has completed their application and has been approved. Do I add them to the existing rental agreement?  I plan a rent increase in six months; will that be a problem for me with this new tenant?

       

      Answer: There is no need to create a new rental agreement unless there is a good reason. A “good reason” might be because the existing rental agreement is old and outdated.

      Phil Querin Article: When Does the Rent Cap Start under SB 611?

      Introduction. SB 611 amended the Rent Cap law. It became effective on July 6, 2023, meaning that all rent increase notices on or after that date had to conform to the new law. Section 5 of SB 611 applies to mobile home tenancies. It is substantially similar to the existing statute (ORS 90.600) but clarifies things a bit. The only major change is that there is now a rent cap set at 10%.


       

      The Calculation. Unless exempted by ORS 90.600, a Rent Increase for any calendar year may not exceedthe lesser of: (a) ten percent (10%) or (b) the sum of seven percent (7.00%) times the Current Rent (7% XCurrent Rent) plus the percentage change in the consumer price index (“CPI”) times th

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