Is Source of Income Discrimination Illegal for Renters in Florida?
Many renters rely on non-traditional income sources—like Section 8 housing vouchers or Social Security—to pay for housing. But can Florida landlords legally refuse rental applications based on where your income comes from? Understanding your rights as a Florida renter is key to securing and retaining housing, especially if you're concerned about discrimination.
What Is Source of Income Discrimination?
Source of income discrimination happens when a landlord refuses to rent to someone, sets different terms, or treats them unfairly solely because of how they pay rent—for example, using housing vouchers, alimony, disability benefits, or other legal income sources.
Florida Law: Is Source of Income Discrimination Banned?
As of 2024, Florida state law does not prohibit source of income discrimination in most areas. This means that, generally, landlords in Florida can decline a tenant’s application if they plan to use government assistance (like Section 8 vouchers) or other nontraditional income sources to pay rent. Some local governments may offer stronger protections, but these are limited and can change over time.
- Florida does not include "source of income" as a protected class under the Florida Fair Housing Act.
- Federal law protects against discrimination based on race, color, national origin, religion, sex, familial status, or disability—but not source of income.[1]
For detailed statutory rights, the primary law governing landlord-tenant matters is the Florida Residential Landlord and Tenant Act, Chapter 83.[2]
Local Protections — Are There Any?
Some cities or counties in Florida have additional fair housing ordinances that may protect renters against source of income discrimination. For example, Miami-Dade County protects renters using lawful income sources, including housing vouchers. However, such local protections do not apply statewide and may not be enforceable in all areas. Always check your specific city or county's fair housing rules through their official website or housing authority.
What Can You Do If You Are Denied Because of Your Income Source?
If you believe you’ve been treated unfairly, take these steps:
- Ask the landlord (in writing) for the specific reason your application was denied.
- Document all communications and keep copies of your application materials.
- Check if your county or city offers any protections against source of income discrimination.
- If your area bans this type of discrimination, you may be able to file a complaint with your local housing authority.
Florida landlords must comply with all federal, state, and applicable local fair housing laws. However, unless local rules say otherwise, source of income discrimination is not against state law.
How to Report Unlawful Housing Discrimination
If you feel you’ve experienced discrimination based on a federally protected characteristic (such as race, disability, or family status), you can file a complaint with the Florida Commission on Human Relations (FCHR) or the federal Department of Housing and Urban Development (HUD):
- Florida Discrimination Complaint Form (FCHR Form 8): Used to report suspected discrimination in housing. View and download official forms. Submit online or by mail.
- If you reside in a county with source of income protections, check your county’s official fair housing site for local complaint forms.
Understanding Key Legal Terms
- Protected class: A group of people legally shielded from discrimination (e.g., race, disability, etc.).
- Section 8 / Housing Choice Voucher: A federal rental assistance program for low-income renters.
What Agency Handles Housing Complaints in Florida?
The Florida Commission on Human Relations (FCHR) is the official board responsible for handling housing discrimination complaints. While FCHR does not cover source of income discrimination under state law, it handles all other fair housing claims under state and federal law.[3]
- Can a Florida landlord refuse to accept a Section 8 voucher?
Yes, unless a specific local ordinance prohibits it. There is no statewide ban on source of income discrimination, so landlords may reject applications based on voucher income in most of Florida. - What should I do if I face source of income discrimination in a city with protections?
File a complaint with your local housing authority or human rights office, and keep all documentation. Check your city’s official website for procedures and forms. - What are other protected classes under Florida fair housing law?
Race, color, national origin, sex, disability, religion, and familial status. Source of income is not currently included statewide. - Are there any official forms for housing discrimination complaints in Florida?
Yes. The FCHR "Housing Discrimination Complaint Form" (Form 8) can be found here and used to report federally protected discrimination categories. - Where can I find the landlord-tenant laws that impact my housing rights?
The Florida Residential Landlord and Tenant Act (Chapter 83) details renter and landlord obligations and protections.
Key Takeaways for Florida Renters
- Florida does not have a statewide ban on source of income discrimination.
- Some local areas may offer protections—check your local county or city.
- Use official complaint forms for discrimination involving protected classes like race or disability.
Always confirm the latest rules with your local housing authority for the most accurate guidance.
Need Help? Resources for Renters
- Florida Commission on Human Relations – Fair Housing: File official complaints and find resources.
- HUD Fair Housing Complaint Process: Step-by-step guidance at the federal level.
- Florida Department of Economic Opportunity – Affordable Housing: Local contact info and support.
- Check your city or county government website for local fair housing ordinances and specific protections.
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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