- Any lawful source of income (grant, gift, inheritance, pension, annuity, alimony, child support, government or private assistance) or occupation must be considered in determining qualifications for rental or sale of property and these sources of income and occupation may be verified.
- Credit checks may be conducted on prospective residents with Housing Choice Voucher Program subsidies. However, if the Housing Choice Voucher subsidy pays the entire rent for a property, do not reject the prospect if the credit check is negative since the prospect is not responsible for paying the rent. A negative credit rating could be used to reject a prospect if the prospect is responsible for paying part of the rent under the Housing Choice Voucher Program.
- The source of income law does not obligate anyone to accept a co-signer, but if the rental payment or sales transaction is described as a gift, then this gift must be considered as a source of income and may be verified.
- There is no reason to impose a minimum income qualification on a prospect with a Housing Choice Voucher or other subsidy if the prospect does not pay any rent. If the subsidy requires the prospective resident to pay a portion of the rent, the prospect's income may be verified to establish the prospect's ability to pay only his or her portion of the rent due.
- Housing Choice Voucher and other housing subsidy programs are no longer optional. A housing provider cannot refuse to accept or participate in a government housing subsidy program. Housing providers must consider and evaluate prospective residents who participate in these programs along with other prospects and applicants.
- A housing provider is not required to rent or sell to a participant in a housing subsidy program merely because the prospect has the subsidy. The source of income law does not provide a preference for persons with housing subsidies over those without subsidies.
- Housing providers cannot choose a prospect with a particular occupation over another prospect with a different occupation. It would be illegal to refuse to rent or sell to a lawyer (because he or she might sue you) or to prefer to rent or sell to a psychiatrist or psychologist (because he or she might understand you).
- A housing provider cannot eliminate a prospective resident with a Housing Choice Voucher or other subsidy because the subsidy program does not provide the "up front" security deposit the housing provider requires. Such elimination is interpreted as a refusal to participate in the program and a failure to recognize the direct or indirect source of income.
- The reference checks which housing providers initiate for prospects with Section 8 or other subsidies must be the same reference checks that housing providers initiate for unsubsidized prospects.