Section 8 rules by state come down to one question most guides refuse to answer plainly: can a landlord in your state legally say “no Section 8”? The federal program is the same everywhere, but that single protection is not. In 17 states a voucher refusal is illegal statewide. In 27 states it is perfectly legal. The rest sit somewhere in between. This guide compares Section 8 rules by state for all 50 states, with the exact status where you live.
Click any state below for its full guide, including how to apply, what you pay, and how to keep your voucher.
Quick Facts — U.S. Section 8 Rules by State (2026)
- 17 states ban voucher discrimination statewide; 27 states have no such law at all
- 4 states protect voucher holders only in certain cities — Arizona, Florida, Nebraska, and Ohio
- Michigan protects you only if your landlord owns 5 or more units (since April 2, 2025) — a threshold almost no other guide mentions
- New York is contested: the statewide law is still on the books, but a court held it unconstitutional as applied to Section 8
- Texas and Kentucky ban their own cities from protecting you — Kentucky’s 2024 law shut off ordinances in Louisville and Lexington
- Nebraska’s protection came from voters, not legislators — Lincoln passed it 66% to 34% in May 2025
- Federal rules are identical everywhere: at move-in your share generally cannot exceed 40% of adjusted monthly income if the rent tops the payment standard
Section 8 Rules by State — Can a Landlord Refuse Your Voucher?
This is the one part of Section 8 rules by state that changes at the border. Here is what each verdict means:
Yes = source-of-income discrimination is illegal statewide, so a blanket “no Section 8” ad is unlawful. City only = no state law, but some cities protect you. No = a landlord may legally refuse the voucher itself, though refusing over race, disability, or family status remains illegal everywhere under federal law.
| State | Voucher Protected? | What the Law Says |
|---|---|---|
| Alabama | No | No statewide law; a few city ordinances only |
| Alaska | No | No statewide law; AS 18.80.240 omits source of income |
| Arizona | City only | No state law; Phoenix, Tucson and Tempe protect voucher holders |
| Arkansas | No | No statewide law; landlord may refuse for that reason alone |
| California | Yes | Statewide since SB 329 (Housing Opportunity Act) |
| Colorado | Yes | Statewide; HB25-1240 removed the small-landlord exemption Aug 2025 |
| Connecticut | Yes | Statewide since 1989; expressly covers vouchers |
| Delaware | Yes | Statewide; SB 293 (2024) repealed the old exemption |
| Florida | City only | No state law; Miami-Dade, Broward and Orange County ordinances |
| Georgia | No | No statewide law; private landlords may refuse |
| Hawaii | Yes | Statewide since May 1, 2023 (Act 310) |
| Idaho | No | No statewide law; refusal is legal |
| Illinois | Yes | Statewide since Jan 1, 2023 (HB 2775) |
| Indiana | No | No statewide law, and no Indiana city has one |
| Iowa | No | No statewide law |
| Kansas | No | No statewide law, and no Kansas city has one |
| Kentucky | No | HB 18 (2024) preempted local laws and shut off Louisville and Lexington |
| Louisiana | No | No statewide law |
| Maine | Yes | Statewide under the Maine Human Rights Act |
| Maryland | Yes | Statewide; HOME Act, effective Oct 1, 2020 |
| Massachusetts | Yes | Statewide under M.G.L. c. 151B, s. 4(10) |
| Michigan | Yes, partly | Since Apr 2, 2025, but only landlords owning 5 or more units |
| Minnesota | No | Class exists but courts read it not to compel voucher acceptance |
| Mississippi | No | No statewide law |
| Missouri | No | No statewide law; local ordinances only |
| Montana | No | No statewide law; no major city ordinance |
| Nebraska | City only | No state law; Lincoln only, by ballot measure, since Jun 14, 2025 |
| Nevada | No | No statewide law |
| New Hampshire | No | No statewide law |
| New Jersey | Yes | Statewide under the NJ Law Against Discrimination |
| New Mexico | No | No statewide law |
| New York | Contested | Law on the books, but held unconstitutional as applied to Section 8 |
| North Carolina | No | No statewide law |
| North Dakota | Yes | Statewide; public-assistance status is a protected class |
| Ohio | City only | No state law; Columbus, Cincinnati, Toledo, Akron, Dayton and others |
| Oklahoma | No | No statewide law |
| Oregon | Yes | Statewide under ORS 659A.421; expressly includes federal vouchers |
| Pennsylvania | No | No statewide law; local ordinances only |
| Rhode Island | Yes | Statewide ban since Apr 15, 2021 |
| South Carolina | No | No statewide law |
| South Dakota | No | No statewide law |
| Tennessee | No | No statewide law |
| Texas | No | No statewide law, and SB 267 bars cities from passing one |
| Utah | Yes | Statewide; the Utah Fair Housing Act lists source of income |
| Vermont | Yes | Statewide protection for voucher holders |
| Virginia | Yes | Statewide since Jul 1, 2020 (source of funds) |
| Washington | Yes | Statewide since Sep 30, 2018 |
| West Virginia | No | No statewide law |
| Wisconsin | No | Class exists, but Knapp (7th Cir.) held vouchers not clearly covered |
| Wyoming | No | No statewide law, and no Wyoming city has one |
Every cell above was written from that state’s own verified guide on this site. Where a state protects you only partly, or only in some cities, the table says so rather than rounding it to a simple yes.
Section 8 Rules by State — The Details Other Guides Flatten
Most national tables sort states into two columns, and that is where Section 8 rules by state get misreported. Michigan is the clearest example. It did pass a statewide law, effective April 2, 2025, but it reaches only landlords who own five or more rental units. A tenant with a small landlord reads “Michigan: protected” elsewhere and draws the wrong conclusion.
New York is stranger still. The statewide source-of-income law remains in the statute books, but an appellate court held it unconstitutional as applied to Section 8 vouchers. New York City’s own protections are separate and far stronger, so where you are inside the state matters enormously.
Wisconsin and Minnesota both list a category that sounds protective. In each, courts read it not to require landlords to accept vouchers. A table that marks them “yes” is telling a renter they have a claim they do not have.
Section 8 Rules by State — Where Cities Are Blocked From Helping
A quieter pattern in Section 8 rules by state is preemption, where a state forbids its own cities from protecting voucher holders. Texas did this in 2015, so no Texas city or county may pass a source-of-income ordinance, with a narrow carve-out for veterans in Dallas.
Kentucky went further and did it retroactively. House Bill 18 took effect in March 2024 and shut off the ordinances already operating in Louisville Metro and Lexington-Fayette. Lexington’s protection had been in force for six days.
The reverse also happens. Nebraska has no state law, but Lincoln voters approved protection by ballot initiative in May 2025 and it took effect that June. If you are searching for housing near a city line in a no-protection state, the ordinance map is worth checking before you rule an area out.
A refusal can still be illegal even in a “No” state. Federal fair housing law bars refusals based on race, color, religion, sex, national origin, disability, or having children — in all 50 states. If the voucher is the stated reason but not the real one, that is still a case worth reporting to HUD.
Section 8 Rules by State — What Is the Same Everywhere
Behind that one variable, most Section 8 rules by state are federal and identical. Your share of the rent is calculated the same way, generally around 30% of adjusted monthly income, and at move-in it cannot exceed 40% of adjusted income if the rent is above the payment standard.
The unit must pass a HUD inspection before the housing authority pays, and it must keep passing. Your landlord signs a HAP contract with the authority, and a federal Tenancy Addendum attaches to your lease and overrides anything in the lease that conflicts with it. If the housing authority moves to end your assistance, you generally have a right to an informal hearing.
Our depth guides cover each of these: how your rent is calculated, what inspectors check, how to move and keep your voucher, and how to fight a termination.
Find Your State Section 8 Guide
Ready to check the Section 8 rules by state where you live? Click any state name in the table above, or browse the full category below.
Browse All 50 State Section 8 Guides →
New to the program? Start with how to apply for Section 8, how waiting lists really work, and your rights as a voucher tenant.
Official Sources
- HUD Housing Choice Voucher program: hud.gov — official program rules and how to find your housing authority
- Cornell Legal Information Institute: law.cornell.edu — 24 CFR Part 982, the voucher regulations in plain text
- State civil rights agencies & city ordinances: the agency that takes a voucher-discrimination complaint where you live, linked inside each state guide
- Legal Services Corporation: lsc.gov — find free local legal aid for voucher and housing authority disputes
Section 8 rules by state data compiled from state fair housing statutes, city ordinances, court decisions, and each state’s verified guide on this site. Source-of-income protection is one of the fastest-moving areas of housing law — several states and cities changed status in 2024 and 2025, and at least one statewide law is currently contested in court. Click any state above for its verified guide with current figures. Last reviewed August 2026.
Disclaimer: This page is for general informational purposes only and is not legal advice. No attorney-client relationship is created by reading it. Voucher rules, protections, and local ordinances vary by state, city, and housing authority and change over time. For advice about your specific situation, consult a licensed attorney or your local tenant-rights or legal-aid organization.