Does Idaho Ban Source of Income Discrimination for Renters?

Understanding your rights as a renter is important, especially when it comes to fair treatment by landlords. If you receive income from sources like Social Security, disability, child support, or housing vouchers, you might wonder if it's legal for a landlord in Idaho to deny your application or treat you differently because of how you pay your rent. Let's explore Idaho's rules about source of income discrimination so you can protect yourself and make informed housing decisions.

What Is Source of Income Discrimination?

Source of income discrimination happens when landlords reject or treat renters unfairly simply because of how they pay their rent. This could include refusing tenants who use public assistance, Housing Choice Vouchers (Section 8), Social Security benefits, or other lawful sources of income.

Does Idaho Have Laws Against Source of Income Discrimination?

At the state level, Idaho does not have a law that bans source of income discrimination against renters. This means that across most of Idaho, landlords are legally allowed to refuse tenants based on the type of income they use to pay rent—even if the source is legal, such as a housing voucher or child support.

• Idaho's fair housing protections do not include "source of income" as a protected category.
• The Idaho Human Rights Act covers protected classes like race, national origin, religion, sex, disability, and familial status, but not income sources.

If your income comes from a government benefit or voucher, landlords in Idaho generally are not restricted by state law from counting that against you. However, some specific localities or federal rules may offer extra protections in certain situations.

Federal Fair Housing Protections

While federal law under the Fair Housing Act does not expressly list source of income as a protected class, it does protect against discrimination based on race, color, national origin, religion, sex, familial status, and disability. If your source of income is closely tied to one of these federally protected classes (for example, a disability payment as income and the landlord is discriminating against disabilities), you may have grounds for a complaint under federal law.

Are There Any Local Idaho Protections?

Currently, there are no known Idaho cities or counties with local ordinances specifically banning source of income discrimination as of 2024^[1]. For the most up-to-date status, check with the city where you reside or plan to rent, as laws can evolve.

Relevant Idaho Tenancy Laws

The main state law governing tenancies in Idaho is the Idaho Residential Landlord and Tenant Act. This Act covers lease agreements, repairs, evictions, and other aspects of housing, but does not include source of income as a protected characteristic.

Where to File Housing Complaints in Idaho

Even though source of income is not a protected class, you still have rights if you face discrimination based on race, color, religion, national origin, sex, disability, or familial status. Complaints for these issues can be filed with:

• Idaho Commission on Human Rights – handles state fair housing complaints.
• U.S. Department of Housing and Urban Development (HUD) – for federal fair housing violations.

Official Complaint Forms and How to Use Them

• Idaho Commission on Human Rights: Housing Discrimination Complaint Form (download and instructions)
  When/How to use: Use this form if you believe you've been discriminated against based on race, color, religion, sex, national origin, disability, or familial status—not source of income. Complete and submit according to instructions on the Commission's website.
• HUD Form 903 Online Housing Discrimination Complaint (file or view form)
  When/How to use: Use this federal form to report housing discrimination if it involves federally protected classes. Submit online, and a HUD representative will follow up with you about your complaint.

Tips for Renters in Idaho

• If your rental application is denied and you suspect illegal discrimination (based on protected classes), gather written communication or notices as evidence.
• Landlords in Idaho are not legally required to accept housing vouchers or other non-traditional income unless local or federal rules specifically apply.

FAQ: Source of Income Discrimination in Idaho

1. Is my landlord required to accept Section 8 or housing vouchers in Idaho?
   No, Idaho law does not require landlords to accept Section 8 or other housing vouchers as payment for rent, unless a federal rule applies to their property.
2. Can I file a complaint if I'm rejected because I use child support or disability payments?
   In Idaho, there is no legal prohibition against refusing tenants based on child support, disability payments, or other legal sources of income unless this action is tied to another protected class (such as disability discrimination).
3. What are the protected classes for renters in Idaho?
   The protected categories are race, color, national origin, religion, sex, disability, and familial status under both Idaho and federal law.
4. Where do I file a housing discrimination complaint?
   For issues related to protected classes, contact the Idaho Commission on Human Rights or HUD's Fair Housing portal.
5. Will local or federal rules protect me from source of income discrimination?
   Currently, Idaho provides no statewide protection for source of income. Unless you live in a city with its own ordinance (none known as of 2024) or qualify for federal protection by another category, these laws do not apply.

Summary: Know Your Rights as an Idaho Renter

• Idaho does not ban discrimination based on lawful income sources like vouchers or government benefits.
• You are protected against housing discrimination for race, color, national origin, religion, sex, disability, and familial status.
• If you're unsure, contact a renter advocacy group or the Idaho Commission on Human Rights for advice.

While Idaho does not offer extra protections for income source, understanding your federal and state rights is key to safe and fair renting.

Need Help? Resources for Renters in Idaho

• Idaho Commission on Human Rights – State housing discrimination complaints and advice
• HUD Idaho Tenant Rights – Guides and help with federal fair housing
• Idaho Legal Aid Services – Free and low-cost legal support for renters
• Idaho Residential Landlord and Tenant Act – Full state tenancy legislation text

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1. See the Idaho Residential Landlord and Tenant Act for the official and current list of protected classes under Idaho law.
2. Review the Idaho Commission on Human Rights complaint process for forms and requirements.
3. Learn about the federal fair housing complaint process from HUD.

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