Unreasonable Accommodation or Interpretation: The Eighth Circuit Denies a Landlord Must Accept a Section 8 Voucher Under the Fair Housing Amendments Act

A tenant with a disability that prevented her from working full-time wanted to use a Section 8 voucher to supplement her increasing rental payments. The landlord refused to accept the rental assistance voucher. Following this refusal, the tenant had a victory in a federal trial court in Iowa, which granted an injunction mandating the landlord must accept the voucher as a reasonable accommodation under the FHAA. The Eighth Circuit reversed the trial court’s decision and held that there is no requirement for a landlord to accept a Section 8 voucher as a reasonable accommodation under the FHAA. With this decision, it seems the Eighth Circuit is joining the Second and Seventh Circuit courts in a split with the Ninth Circuit.

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