As we
discussed in the last posting in this series, there remain tremendous challenges
in resolving the macro issue that inhibits those with little means from renting
apartments – the lack of adequate affordable housing stock. However, it would
seem that the micro challenge – allowing landlords to discriminate against low
income renters, based on the source of their rental payments – could be and was
on its way to being resolved in one if not two major Texas cities. Austin had passed an ordinance prohibiting such
discrimination, and Dallas
had committed to considering such an ordinance.
One of the
principals of American government is that, generally, federal legislation
preempts and overrides state legislation. State legislation, in turn, perhaps
without need for the “generally” caveat in the previous sentence, preempts and
overrides local government legislation. This last legislative session, with
regard to this very issue, the legislature stepped in and legislated in this
very area in SB 267. The operative section of this legislation
had three paragraphs (Once again, any interpretation should be taken with the
obvious disclaimer that I am not an attorney, certainly not one licensed in
Texas, and this is my simple lay explanation):
Section 1
(a) prohibits local governments from prohibiting source of income
discrimination, in general: “A municipality or county may not adopt or
enforce an ordinance or regulation that prohibits an owner, lessee, sublessee,
assignee, managing agent, or other person having the right to lease, sublease,
or rent a housing accommodation from refusing to lease or rent the housing
accommodation to a person because the person's lawful source of income to pay
rent includes funding from a federal housing assistance program.” The “double
negative” can be confusing – the state prohibits prohibiting. Basically, landlords
may discriminate against those holding vouchers, and local governments
cannot stop them from doing so.
Section 1 (b)
allows local governments to prohibit source of income discrimination, if the
renter is a veteran: “This section does not affect an ordinance or regulation
that prohibits the refusal to lease or rent a housing accommodation to a
military veteran because of the veteran's lawful source of income to pay rent.”
Section 1(c)
allows local governments to incentivize and encourage landlords to
voluntarily accept housing vouchers: “This section does not affect any
authority of a municipality or county or decree to create or implement an
incentive, contract commitment, density bonus, or other voluntary program
designed to encourage the acceptance of a housing voucher directly or
indirectly funded by the federal government, including a federal housing choice
voucher.”
With this
new law in place, Austin could not enforce its
ordinance, and Dallas
certainly could still consider such an ordinance, but could not meaningfully
address this issue, with regard to non-veterans. What can local governments,
particularly in our geographical area of concern, Greater Dallas, still do? It
would seem that they are left with two main options for veterans and
non-veterans respectively.
First,
local governments could pass ordinances prohibiting source of income
discrimination in the case of veterans. As we heard from Shavon Moore, MDHA
Continuum of Care (CoC) Program Coordinator, at the last regular CoC Assembly
meeting, currently 120(!) veterans experiencing homelessness have housing
vouchers, but not even one of them find housing. Most likely, many and
perhaps most of these veterans, could be housed quickly, if landlords could no
longer discriminate against them, refusing to accept their vouchers.
Second,
local governments could create programs to educate landlords about the
positives and dispel myths and preconceptions about the negatives of accepting
renters holding housing vouchers. To complement this education, local
governments could grant incentives, perhaps through actual expenditures or tax
expenditures to encourage landlords to accept vouchers.
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Isabelle Headrick, Executive
Director of Accessible Housing Austin
(Courtesy of Accessible
Housing Austin)
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With such
education, landlords could arrive at the realization voiced by Isabelle Headrick, Executive
Director of Accessible Housing Austin, “As someone who has leased properties to
voucher holders for twelve years, I have found that Section 8 and other voucher
programs make my job substantially easier, not harder… these are actually very
well-run programs that put money into my organization’s bank account like
clockwork every month and allow me to serve tenants who are very stable and
stay for years.”
