MODEL BILLS

Source of Income Anti-Discrimination Act

Summary: The Source of Income Anti-Discrimination Act prohibits landlords from refusing tenants because they would pay rent with Section 8 vouchers or other public assistance.

Note: Source of income discrimination is banned in California, Connecticut, the District of Columbia, Maine, Massachusetts, Minnesota, New Jersey, New York City, North Dakota, Oklahoma, Oregon, Utah, Vermont, and Wisconsin.

SECTION 1. SHORT TITLE

This Act shall be called the “Source of Income Anti-Discrimination Act.”

SECTION 2. DEFINITION

After section XXX, paragraph XXX, the following new paragraph XXX shall be inserted:

“Source of income” means any lawful source of money paid directly or indirectly to a renter or buyer of housing, including:

1. Any lawful profession or occupation.

2. Any government or private assistance, grant or loan program.

3. Any gift, inheritance, pension, annuity, alimony, child support, or other consideration or benefit.

4. Any sale or pledge of property or interest in property.

SECTION 3. NO DISCRIMINATION IN HOUSING BASED ON SOURCE OF INCOME

In section XXX, after the word [religion], the following shall be inserted:

“source of income,”.

[This is to be placed within the current statute against housing discrimination, e.g., “It is unlawful to discriminate in the sale or rental, or otherwise make unavailable or deny, a dwelling to any buyer or renter because of race, color, religion, source of income, sex…]

SECTION 4. EXCEPTIONS CONCERNING SOURCE OF INCOME

After section, paragraph XXX, the following new paragraph XXX shall be inserted:

The prohibitions in this subtitle against discrimination based on source of income do not prohibit a person from:

1. Refusing to consider income derived from any criminal activity; or

2. Determining the ability of a potential buyer or renter to pay a purchase price or pay rent by:

a. Verifying, in a commercially reasonable manner, the source and amount of income of the potential buyer or renter; or

b. Evaluating, in a commercially reasonable manner, the stability, security and credit worthiness of the potential buyer or renter or any source of income of the potential buyer or renter.

SECTION 5. EFFECTIVE DATE

This Act shall take effect on July 1, 20XX.