Section 8 and Fair Housing Advisory

CANVAS Real Estate

Section 8, Source of Income & Fair Housing Advisory

CANVAS Playbook • Agent Compliance Module

Before you use this with a client: Fair housing law in Florida is actively changing at the county and federal level. This module reflects the law as of mid-2026. Confirm current status with your broker or office administrator, and with a Florida real estate attorney, before advising any client on Section 8 acceptance obligations, screening criteria, or discrimination exposure. Nothing here is legal advice.

1. Does a landlord have to accept Section 8?

Not statewide, and not automatically. Florida has no state law requiring it — source of income is not a protected class under Florida statute. Whether a landlord in your market can be forced to accept a voucher depends entirely on the county, and even then it’s contested.

County Status
Miami-Dade Local ordinance (Code Ch. 11A, Tenant’s Bill of Rights) protects source of income including Section 8. Enforceability against 2023 state preemption (HB 1417) is unsettled and contested in court. Do not tell a landlord this is guaranteed unenforceable, and do not tell a tenant it’s guaranteed enforceable.
Broward Same situation as Miami-Dade — local Human Rights Act protection, same unresolved preemption question.
Palm Beach No source-of-income ordinance found. A landlord here can legally refuse a voucher under current state law.

HB 1417 (Fla. Stat. §83.425), effective July 1, 2023, gave the state exclusive authority over residential tenancies and voided dozens of local tenant-protection ordinances statewide. What it did not settle is whether county human-rights/anti-discrimination ordinances — a different legal category from tenancy regulation — survive. That fight is still open.

2. Where agents get hurt

The risk isn’t just the landlord’s liability — it’s yours. An agent who tells a caller “we don’t take Section 8” in an ad, a text, or a phone call has created written or recorded evidence, and testers exist specifically to catch that sentence. A tester doesn’t need to be a real applicant; the exchange itself is the proof.

  • Never advertise “No Section 8” in any listing, flyer, or social post, in any county. Even where a landlord can legally decline case-by-case, a blanket public statement invites a complaint and a tester.
  • Never let the landlord’s screening criteria come from you verbally as “we don’t do vouchers” — put the actual, neutral screening criteria in writing (credit score, income multiple, rental history) and apply it the same way to every applicant.
  • Never steer voucher holders to specific units, floors, or buildings while showing non-voucher holders the full inventory. That’s steering, and it’s illegal regardless of the source-of-income question.
  • Document that you applied the same criteria to every applicant. That paper trail is your protection if a complaint is filed.

3. Scripts — voucher applicants

SAY THIS

“This property is screened on credit, income, and rental history, same as every applicant. Let me confirm with the owner what documentation they need for your voucher and get back to you today.”

NEVER SAY THIS

“We don’t take Section 8” — “This owner doesn’t do vouchers” — anything said as a categorical policy rather than “let me confirm with the owner.”

4. Protected classes — know the full list

Federal Fair Housing Act: race, color, national origin, religion, sex, familial status, disability. Florida agents in Miami-Dade and Broward also operate under county human-rights ordinances that add: age, marital status, sexual orientation, gender identity/expression, ancestry, pregnancy, and status as a victim of domestic violence, dating violence, or stalking. Those county protections are not affected by the HB 1417 tenancy dispute — that fight is specifically about source of income and tenancy procedure, not about the core protected-class list.

The pattern that gets agents in trouble isn’t usually an overt slur. It’s descriptive language in listings and conversations that signals who a property is “for”: references to nearby churches or synagogues as a selling point, “great for families,” “perfect for a young professional,” “walking distance to [ethnic community landmark],” commentary on a neighborhood’s demographics, or steering a conversation toward or away from a school district based on assumptions about the buyer.

The fix is the same in every case: describe the property and the neighborhood in neutral, factual terms — square footage, amenities, distance to transit, walkability, school ratings by number — and let the client draw their own conclusions about fit.

5. When a prospect discloses a criminal record

HUD rescinded its 2016 and 2022 guidance limiting how landlords use criminal history, and is moving to eliminate its disparate-impact regulation entirely as of early 2026. That does not make blanket “no felons” policies safe. The Fair Housing Act itself hasn’t changed, and courts still recognize that a policy which is neutral on its face but falls disproportionately on a protected class can be challenged. What changed is that HUD’s own enforcement backstop is currently gone — which shifts the risk toward private litigation and future policy reversals, not away from risk altogether.

The agent’s job is not to be the one who tells a prospect they’re disqualified because of a record. That decision belongs to the association’s rules and the landlord’s neutral credit/income/rental-history criteria — never to the record itself, and never to your personal judgment about the person.

SAY THIS

“I can’t make that call — approval goes through the association and the owner’s standard screening: credit, income, and rental history. Let’s get your application in and let them run it. I’ll follow up with you the moment I hear back.”

NEVER SAY THIS

“With that on your record, you probably won’t get approved here” — or any statement that names the record as the reason for a likely denial. Even if true in practice, the agent should never be the one making or predicting that call out loud.

Rule of thumb for every one of these conversations

You describe the property and the process. You never announce the outcome. Screening decisions belong to the owner and the association, applied through written, neutral criteria — not through what you say on a call.

Report a Problem

If something on this page did not work as expected, send a quick report.