Santa Clara County Board of Supervisors voted to require all landlords take Section 8 housing starting in 2018. The new law only applies to unincorporated Santa Clara County and not to cities within the county.
The issue came before the Board of Supervisors with no study or outreach to affected industries. Supervisors Joe Simitian and Mike Wasserman wanted the issue studied further, but they were unable to secure a third vote for the study and the law was adopted.
Framed as an "anti-discrimination" statute, the law prevents landlords from refusing to rent to individuals with Section 8 vouchers if individuals are otherwise qualified. The voucher holder must still meet all other standards set by landlords, such as creditworthiness, a clean rental history, as well as being able to pay the difference between the voucher and the market rate rent.
Once the landlord rents to the Section 8 holder, the landlord must participate in all aspects of Section 8 mandates, including inspections. To learn more about Santa Clara County's Section 8 program, click HERE.
REALTORS® should be aware that the law also prohibits advertising units as not accepting Section 8 in unincorporated Santa Clara County, since all landlords there must accept these vouchers. Violations open up landlords and those who advertise the properties to civil and criminal liability.
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