Tucson landlords can no longer legally reject a tenant based solely on who is paying the rent.
The City Council has approved a new measure that bans housing discrimination based on source of income, adding to the list of existing rules against prejudice based on factors such as race, gender, religion or sexual orientation.
Despite objections from an apartment owners group, council members voted unanimously to approve the change, saying it is necessary because discrimination is rampant against low-income families, seniors, military veterans and people with disabilities who receive Section 8 housing vouchers or other forms of rental aid.
Landlords can still use other criteria such as criminal history and previous evictions in deciding who to rent to. They just can’t base their decisions solely on whether someone receives housing assistance.
“I have heard story after story after story from people who have housing vouchers who come to me and tell me (landlords) don’t accept Section 8,” Mayor Regina Romero said before the vote at a Sept. 27 council meeting.
Ward 1 Council Member Lane Santa Cruz said many landlords in Tucson and elsewhere openly display their aversion to such tenants, with “’No Section 8’ clearly written on advertisements and rental signs.”
Ben Buehler-Garcia of Tucson, a spokesman for the Arizona Multihousing Association, a statewide trade group for the apartment industry, spoke against the measure, which he said would have little practical effect because many local landlords “are at 98% capacity. That means there are no rooms available regardless of your income status.”
He said other measures, such as financial incentives for landlords for damage waivers and insurance, would be more effective ways to combat Tucson’s housing shortage. He said many landlords avoid Section 8 tenants because the city was slow to pay prior to the 2019 hiring of a new housing director who corrected the problem.
Santa Cruz urged Tucsonans to report violations to the city if they can show they were denied tenancy based solely on their source of income.
To file a complaint, send an email to oeop@tucsonaz.gov or call (520) 791-4593.
City officials are planning an outreach campaign to educate landlords about the new measure and encourage voluntary compliance.
Landlords who unknowingly violate the new rule will get a pass the first time but chronic violators could face fines of up to $2,500 per incident.
Tucson is the first Arizona city to ban housing discrimination based on source of income. More than 20 states and more than 100 U.S. cities and towns have taken similar steps, according to the Poverty and Race Research Action Council.
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