Is Source of Income Discrimination Illegal for Renters in Alabama?

Many renters rely on different forms of income to pay their rent, including wages, Social Security, disability benefits, or housing vouchers like Section 8. Understanding your rights around source of income discrimination in Alabama is important, especially if you feel you’ve been treated unfairly because of the way you pay rent.

Understanding Source of Income Discrimination

Source of income discrimination happens when a landlord refuses to rent to you, denies your application, or treats you differently because of the way you pay your rent. For example, a landlord might say, "We don’t accept Section 8 vouchers" or require that your income comes only from employment instead of benefits.

What Does Alabama Law Say?

Unlike some other states, Alabama does not currently have a state law that bans landlords from discriminating against renters based on their legal source of income. This means landlords in Alabama can refuse to rent to someone because they use housing vouchers, Social Security, or other legal income sources, except where federal law might apply.

• The Fair Housing Act (federal law) protects against discrimination based on race, color, national origin, religion, sex, family status, and disability, but, in most cases, it does not cover source of income.
• Some federal programs, like Section 8, have their own rules. However, there is no statewide ban on source of income discrimination in Alabama as of 2024.
• No Alabama cities or counties have official ordinances adding source of income as a protected class as of this year.¹

What Does This Mean for Renters?

If you use housing vouchers (such as Section 8), Social Security benefits, or other non-employment funds to pay rent, Alabama law does not require landlords to accept them. Landlords can legally select tenants based on their source of income, as long as they follow other fair housing laws (for example, they cannot discriminate based on race, disability, or other protected statuses).

Your Rights Under Federal Law

Even though Alabama does not ban source of income discrimination, the federal Fair Housing Act protects certain groups. For instance, if a landlord refuses to accept a housing voucher because of a disability, that could be discrimination under federal law.

• Discrimination based on disability is always illegal—landlords must consider reasonable accommodations or modifications.
• You can contact the U.S. Department of Housing and Urban Development (HUD) if you believe you have been discriminated against for reasons protected by federal law.

How to File a Housing Discrimination Complaint

Alabama renters who believe they have been discriminated against for reasons prohibited by federal law can file a complaint with HUD.

• Official Form: HUD Housing Discrimination Complaint Form (Form 903)
• When to use it: Use if you believe a landlord has discriminated against you due to race, color, religion, sex, familial status, national origin, or disability—not source of income discrimination alone in Alabama.
• How to file: Complete the form online, mail, or email. Fill out the HUD Discrimination Complaint Form 903 and follow the instructions provided.

The official board handling these complaints in Alabama is the HUD Birmingham Field Office and the Office of Fair Housing and Equal Opportunity (FHEO).

Relevant Alabama Rental Laws

The main law that covers residential tenancies in Alabama is the Alabama Uniform Residential Landlord and Tenant Act. However, it does not address source of income discrimination.²

FAQ

1. Does Alabama protect renters from source of income discrimination?
   Alabama does not have a law that bans landlords from rejecting tenants based on their source of income, such as housing vouchers or Social Security.
2. Can a landlord in Alabama refuse Section 8 vouchers?
   Yes, unless federal discrimination is involved (such as disability), landlords in Alabama can refuse to participate in Section 8.
3. What can I do if I think I was discriminated against for another reason?
   You can file a complaint with HUD using Form 903 if the reason falls under federal fair housing protections.
4. Does any Alabama city ban source of income discrimination?
   No Alabama city or county has enacted such an ordinance as of 2024.
5. Who handles tenant-landlord disputes in Alabama?
   Local courts typically handle disputes. For discrimination claims, HUD’s Birmingham Field Office is the main resource.

Key Takeaways for Alabama Renters

• There is no statewide law in Alabama banning source of income discrimination by landlords.
• Federal law protects against housing discrimination for certain categories (race, disability, etc.), but not source of income alone.
• If you believe another form of discrimination occurred, you can file a complaint with HUD for investigation.

In summary, renters in Alabama should be aware that while general fair housing laws apply, there is no legal guarantee that a landlord must accept all forms of legal income as payment for rent.

Need Help? Resources for Renters

• HUD Fair Housing and Equal Opportunity: Learn more and file complaints.
• HUD Birmingham Field Office: Alabama’s local HUD office for complaint processing and tenant assistance.
• Alabama Residential Landlord-Tenant Information (AG Office): State resources about renter rights and the Alabama Uniform Residential Landlord and Tenant Act.

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1. See the official Fair Housing map for protected classes in each state.
2. Alabama Uniform Residential Landlord and Tenant Act, Sections 35-9A-101 to 35-9A-603.

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