The cities of Tucson, Tempe, and Phoenix have all recently made a progressive stride in fair housing by becoming the first local jurisdiction to pass the Source of Income (SOI) Protection ordinance. This groundbreaking decision represents a significant step toward ensuring fair and equitable housing practices in the city. The summary below provides a high level overview of what the SOI ordinance entails and its implications for both residents and landlords. For further details please download the FAQ at the end of the article.

Background:

On September 27, the Tucson Mayor and City Council amended the Human Relations Ordinance to include Source of Income as a protected class. This amendment aims to combat discrimination based on an individual’s lawful income source like:

• Including housing vouchers

• Section 8

• HUD Vash or Veteran assistance programs

• Disability-related assistance

• Child support

And many others that do not strictly come from an employer.

What the Ordinance Does:

The SOI ordinance prohibits housing discrimination solely based on an individual's source of income. Landlords must apply all legal screening criteria evenly, without denying tenancy based on the possession of a public housing voucher. The ordinance also forbids discriminatory phrases in housing advertisements such as "No Section 8 accepted."

What the Ordinance Does Not Do:

Importantly, the ordinance does not mandate landlords to lower rent or prevent them from enforcing lease provisions, including eviction. It simply ensures that rental decisions aren't influenced by an applicant’s source of income.

Exemptions:

The ordinance exempts individuals renting a minimal number of their own dwellings without professional assistance, as well as specific housing for older persons.

Enforcement:

Complaints of discrimination can be filed with us within 180 days of the alleged act. The focus will primarily be on educating landlords about the new ordinance.

Civil Infractions and Fines:

Non-compliance with the ordinance can result in substantial fines, of up to $2,500. Emphasizing the seriousness of adhering to this new regulation.

For Landlords:

The SOI protection adds a new dimension to the existing Human Relations Ordinance, making it unlawful to reject a voucher holder's application based on their income source. This includes not setting higher rents or treating voucher holders differently.

Conclusion:

Tucson's Source of Income Protection ordinance is a vital step towards eliminating housing discrimination and fostering an inclusive community. Both landlords and tenants must understand the nuances of this ordinance to ensure compliance and benefit from its protections. If you feel you have, or are currently dealing with discriminatory practices over your income sources click the contact below below.

FAQ

Download the Source of Income (SOI) FAQ here. The document clarifies misconceptions and provides clear guidelines about the ordinance's impact on rental practices.