How to Screen Section 8 Tenants in NYC

One of the most common misconceptions landlords have about Section 8 is that the Housing Authority has already done all the screening, so there's nothing left to verify. This isn't true. The Housing Authority screens for program eligibility (income limits, household composition, immigration status), but landlords are still responsible for evaluating whether an applicant will be a good tenant. You can and should run your own background checks, verify rental history, and assess creditworthiness, just as you would for any other applicant.

The key difference in NYC is that you must apply the same screening criteria to Section 8 applicants that you apply to everyone else. Source of income discrimination has been illegal in New York City since 2008, and the city actively enforces this law.

What the Housing Authority Already Screens

Before a tenant receives a Section 8 voucher, the Housing Authority (whether NYCHA, HPD, or HCR) verifies:

• Income eligibility: Household income must fall below program limits (generally 50% of Area Median Income for initial eligibility)
• Household composition: Who lives in the household and the appropriate voucher size
• Citizenship/immigration status: At least one household member must be a U.S. citizen or have eligible immigration status
• Program-disqualifying criminal history: Lifetime registered sex offenders and those convicted of manufacturing methamphetamine in federally assisted housing are permanently barred
• Drug-related evictions: Applicants evicted from federally assisted housing for drug-related criminal activity within the past three years may be denied

What the Housing Authority does NOT screen for:

• Credit history
• Rental references
• Non-drug-related eviction history
• General criminal background beyond disqualifying offenses
• Employment verification (beyond income documentation)
• Landlord references

This is why your own screening process matters.

Your Screening Process Must Be Consistent

Under NYC's source of income discrimination law, you cannot apply stricter screening criteria to Section 8 applicants than you apply to non-voucher applicants. If you require a credit score of 650 for market-rate tenants, you require 650 for Section 8 tenants. If you check criminal backgrounds for everyone, you check them for voucher holders too. If you call previous landlords for references on all applicants, you do the same for Section 8 applicants.

The law also means you cannot reject an applicant solely because they have a voucher. "We don't take Section 8" is illegal in NYC. So is requiring voucher holders to meet additional requirements that market-rate tenants don't have to meet.

Examples of illegal practices:

Requiring Section 8 applicants to have a co-signer when you don't require one from other tenants

Requiring proof of employment when the voucher covers the rent

Applying a 3x rent income requirement to the total rent rather than the tenant's portion

Charging higher application fees to voucher holders

Requiring a larger security deposit from voucher holders

Saying the apartment "isn't approved for Section 8" when you haven't had an inspection

What you CAN do:

Apply your standard screening criteria consistently to all applicants

Require the tenant's income to be 3x their portion of the rent (not the total rent)

Run credit checks, criminal background checks, and eviction history checks

Contact previous landlords for references

Deny applicants who don't meet your documented, consistently-applied criteria

Building a Compliant Screening Process

Step 1: Document Your Criteria

Before you start accepting applications, write down your screening criteria. This protects you legally and ensures consistency. Your criteria might include:

• Minimum credit score (if any)
• Income requirement (e.g., 3x monthly rent, applied to tenant's portion for voucher holders)
• No evictions in past X years
• No felony convictions for specific offenses (must be related to tenancy)
• Positive references from past landlords

Keep this document. If you ever face a discrimination complaint, you'll need to show that you applied the same standards to everyone.

Step 2: Verify Income Correctly

For Section 8 tenants, income verification works differently. The tenant's portion of rent is calculated by the Housing Authority at approximately 30% of their adjusted monthly income. The voucher covers the rest.

When applying income requirements:

Correct: Require the tenant to earn 3x their portion of the rent. If their portion is $500/month, require $1,500/month income.

Incorrect: Require the tenant to earn 3x the total rent. If the unit rents for $2,000/month but the voucher covers $1,500, you cannot require $6,000/month income.

The Housing Authority has already determined the tenant can afford their portion. Applying the income multiplier to the total rent effectively excludes voucher holders and violates the law.

Step 3: Run a Credit Check

You are permitted to run credit checks on Section 8 applicants. However, be thoughtful about how you use the results.

If the voucher covers 100% of the rent (which happens in some cases), rejecting based on poor credit may be harder to justify since the tenant isn't responsible for any rent payment. If the tenant pays a portion, their credit history is relevant to assessing their ability to make that payment.

Many experienced landlords weigh rental history and landlord references more heavily than credit scores for voucher holders because the guaranteed government payment reduces the risk of non-payment. A tenant with poor credit but a strong rental history and stable voucher assistance may be lower risk than a market-rate tenant with mediocre credit and inconsistent income.

Consider allowing applicants with weak credit to provide alternative evidence of their ability to pay rent, such as bank statements, documentation of public benefits, or pay stubs showing they can cover their portion. This approach is both practical and reduces your legal risk under source of income discrimination law.

Step 4: Check Rental History and Eviction Records

This is often the most valuable part of screening. Contact previous landlords and ask:

• Did the tenant pay rent on time?
• Did the tenant maintain the property in good condition?
• Were there any lease violations?
• Would you rent to this tenant again?
• Did the tenant provide proper notice before moving out?

Also run an eviction history check. In NYC, you can search housing court records. Be aware that New York State law prohibits rejecting applicants based solely on pending or past housing court cases, though a pattern of evictions remains relevant.

When evaluating eviction history for Section 8 applicants, dig into the details. Was the eviction for non-payment before they had a voucher? Was it a dispute with a previous landlord that was resolved? Some evictions are more relevant than others.

Important: Having an eviction on record does NOT mean the tenant lost their Section 8 voucher. Many landlords assume a prior eviction would have disqualified someone from the program, but this isn't how it works. Vouchers can survive evictions in many circumstances. Screen the rental history yourself rather than assuming the Housing Authority did it for you.

Step 5: Conduct a Criminal Background Check

You may conduct criminal background checks on Section 8 applicants, but you must follow the same rules that apply to all applicants under fair housing law.

What you cannot do:

Blanket bans on anyone with a criminal record (this has disparate impact under federal fair housing law)

Consider arrests that did not result in convictions

Consider sealed or expunged records

What you can do:

Consider convictions for specific offenses directly related to tenancy (property damage, violence, drug manufacturing)

Evaluate the nature, severity, and recency of offenses

Give applicants the opportunity to explain their history and demonstrate rehabilitation

If you choose to use criminal background checks, develop clear criteria with input from a fair housing attorney. The criteria should be job-related (or in this case, tenancy-related), consider the time elapsed since the offense, and allow for individualized assessment.

The Housing Authority has already screened for the most serious disqualifying offenses (lifetime sex offender registry, meth production in assisted housing). Your screening catches other relevant history they don't evaluate.

Step 6: Interview the Applicant

Face-to-face or phone interviews help you assess:

• Communication skills (important since you'll be working with them and the Housing Authority)
• Understanding of lease obligations
• Lifestyle compatibility with the property (pets, smoking, noise, etc.)
• Reasons for leaving previous housing

Ask the same questions you'd ask any applicant. Treat them professionally and give them a chance to explain any concerning items in their history.

What to Do If You Deny an Applicant

If you deny a Section 8 applicant based on your screening criteria, document your reason. The reason must be factual, non-discriminatory, and based on consistently-applied criteria. Valid reasons include:

• Failed to meet income requirement (applied to tenant's portion)
• Eviction history that does not meet your criteria
• Criminal conviction for offenses directly related to tenancy
• Poor landlord references indicating lease violations or property damage
• Credit history that does not meet your criteria (for tenants paying a portion of rent)

Invalid reasons include:

• "We don't accept Section 8"
• "The paperwork is too complicated"
• "The inspection process takes too long"
• "I prefer tenants with jobs" (when the voucher covers the rent)
• Any reason you wouldn't apply to a market-rate tenant

Provide the applicant with an adverse action notice explaining the reason for denial and their right to dispute any inaccurate information in background reports.

Income Calculation Example

Let's say you have a unit renting for $2,200/month and your standard requirement is that tenants earn 3x the monthly rent.

Market-rate applicant: Must earn $6,600/month

Section 8 applicant with $500/month tenant portion: Must earn $1,500/month (3x their portion)

The voucher covers $1,700/month. You cannot require the Section 8 applicant to earn $6,600/month because that would effectively exclude all voucher holders and violate source of income discrimination law.

Documentation to Request

From Section 8 applicants, you'll need:

• Voucher paperwork: Shows voucher size, payment standard, and tenant's estimated portion
• Request for Tenancy Approval (RFTA): The form you and the tenant complete for the Housing Authority
• Identification: Same as any applicant
• Income documentation: Pay stubs, benefit letters, or other proof of income to cover their portion
• Rental history: Previous addresses and landlord contact information
• Consent for background check: Same authorization form you use for all applicants

The Benefits of Thorough Screening

Good screening benefits everyone. Landlords find reliable tenants. Tenants find housing that works for them. And the Housing Authority maintains a functioning program.

Section 8 tenants who pass your screening process often become excellent long-term tenants. Research from NYU Furman Center shows voucher holders in NYC typically remain in the program for over 15 years, compared to 8 years nationally. They tend to stay in place longer than market-rate tenants because finding accepting landlords is difficult. They have strong incentive to maintain the property and follow the lease because losing their voucher means losing housing assistance that may have taken years to obtain.

The guaranteed government payment covering 70-100% of rent reduces your collection risk significantly. Combined with proper screening of the tenant's portion and rental history, you can build a portfolio of stable, long-term Section 8 tenancies.

Resources

NYC Commission on Human Rights (source of income discrimination):

Source of Income Discrimination

Tenant FAQ (PDF)

Infoline: 212-416-0197

NYS Division of Human Rights:

Source of Income Guidance

HUD Fair Housing:

Office of Fair Housing and Equal Opportunity

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