Can a Condo HOA prevent owners from making thier property availble for section 8 housing?

It's a civil rights violation and illegal to discriminate against a tenant because of their source of income, which includes (and in fact the law was written for) Section 8 tenants. Government Code section 12955; Civil Code section 51. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

It is important to review the CC&R to see if the CC&R allows members to rent their units. It is not uncommon for the association to allow that. Also most don't restrict the type of tenants you can rent the units to, especially Section 8 tenants. The CC& R tells you how it can be amended. I do not know for certain if the HOA needs to be concerned about housing discrimination issues if you do that. You might want to evaluate that possibility before you amend the CC&R to say units can't be rented to Section 8 tenants. I highly recommend you consult an attorney before you act.

The Section 8 Rental Voucher Program enables affordable housing choices for very low-income households by permitting families to choose privately owned rental housing. Section 8 (Housing Choice) tenants qualify for federal housing assistance for a number of different reasons. There are no racial, ethnical or other criteria over who may or may not qualify. The CC&Rs can probably not be amended as such since this would infringe on the owner's right to rent his property. But, what you can do is to enforce the rules and fine the unit owner per the HOA rules. Cite the rule, the time and place of violation, how you know it was the renter, and fine the homeowner accordingly. Section 8 tenants are not necessarily bad tenants. There are good section 8 tenants so section 8 is not to blame. Disclaimer Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. Robert J. Suhajda, MS,CPA Attorney 17721 Norwalk Blvd. #43 Artesia, CA 90701 562-924-8922 Former financial auditor and controller. Admitted to US Tax Court, Income Tax, Bankruptcy, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns