How to Screen Section 8 Tenants Fairly and Legally

Tenant screening · 7 min read · Reviewed by the Section8Max Editorial Team · Last updated

One of the most common misunderstandings in the Housing Choice Voucher program is who screens the tenant. The housing agency checks that a family is eligible for assistance. Whether they will be a good tenant is your decision. This post explains what the agency does and doesn't check, how to set screening criteria that hold up under fair housing law, and how to run credit and background checks the right way.

What the housing agency checks, and what it doesn't

Under 24 CFR 982.307, screening an applicant's suitability for tenancy is the owner's responsibility, not the public housing agency's (PHA). The PHA confirms income eligibility, citizenship or eligible immigration status, and certain federal bars, such as lifetime sex offender registration and recent eviction from federally assisted housing for drug-related criminal activity. It does not promise that the family pays on time or takes care of a unit.

The PHA must give you the family's current address and, if it has them, the names and addresses of the current and previous landlords. It may share more about the family's tenancy history if its written policy allows and it applies that policy to everyone. Ask your PHA what it provides, then do your own checks.

Set written criteria before you list

  • Rental history: no unpaid judgments to past landlords, and positive references from at least two prior landlords
  • Ability to pay: in many areas, any income test must be based on the tenant's share of the rent, not the full contract rent
  • Credit: decide what you will accept, such as a minimum score or no rental collections in the past few years, and consider whether medical debt should count
  • Criminal history: a specific, documented policy instead of a blanket ban
  • Occupancy: follow local occupancy codes and the bedroom size on the voucher

Fair screening starts with written criteria that you apply in the same order, the same way, to every applicant. Write them down before you advertise and give a copy to anyone who asks. Typical criteria include rental history, ability to pay, credit standards, and a criminal history policy.

Source-of-income laws

More than 20 states and over 100 cities and counties ban discrimination based on source of income, and many of them cover housing vouchers. In those places you generally cannot refuse an applicant, advertise "no Section 8," or apply tougher rules to voucher holders. Several of these laws also limit income-to-rent tests to the tenant's portion of the rent. Check your state and local rules before you set criteria.

Credit and background checks

Get the applicant's written permission before ordering a consumer report. If you deny an application or add conditions, like a larger deposit, because of something in the report, the Fair Credit Reporting Act requires an adverse action notice. It must name the screening company, state that the company didn't make the decision, and explain the applicant's right to a free copy of the report and to dispute errors.

For criminal history, HUD's fair housing guidance warns that blanket bans can have a discriminatory effect. Consider only convictions (not arrests), how serious and how recent the offense was, and whether it relates to safety or property. Many cities also require you to complete other screening first and to give applicants a chance to explain.

A fair screening workflow

  • Publish criteria and the application fee (within your state's limit)
  • Accept applications in order and screen them in the order received
  • Verify identity, landlord references and the tenant's share of income
  • Run credit and background checks with signed consent
  • Approve, deny with an adverse action notice, or offer conditional approval
  • Give the approved applicant a completed Request for Tenancy Approval to return to the PHA

Keep copies of every application and the reason for each decision for at least three years. If an applicant has a disability, consider reasonable accommodation requests, such as accepting a live-in aide or an alternative to an income test.

Help applicants prepare

Voucher holders who know what landlords look for are easier to approve. Point them to our Section 8 tenant guide, which explains eligibility, applying and the HAP contract from the renter's side. Our Section 8 landlord checklist also covers the rest of the leasing process.

Frequently asked questions

Does the housing agency screen Section 8 tenants for me?

No. The agency checks eligibility for assistance. Screening for tenancy, like rental history and credit, is the owner's job under 24 CFR 982.307.

Can I require a minimum income of three times the rent?

Where source-of-income laws apply, the test usually has to use only the tenant's share of the rent. Check your local rules.

Can I refuse anyone with a criminal record?

Blanket bans risk fair housing liability. Use a written policy that looks at the type, severity and age of convictions.

Next steps