California landlords are increasingly finding themselves the subject of opportunistic legal pitfalls. In addition to the well-established practice of targeting owners of older apartment buildings for potential ADA lawsuits, landlords are now the subject of solicitations by individuals looking for Section 8 compliance violations. Recently, landlords have been targeted over housing discrimination concerning their acceptance of Section 8 housing vouchers, often by individuals with no intention of ever renting a property. In fact, court records show that one law firm has already filed 36 cases on behalf of one client and 28 cases on behalf of another.

The Section 8 Solicitation Trap

Participation in the Section 8 housing voucher program is mandatory in California. We have encountered several instances where landlords have received texts, ostensibly from potential tenants, who inquire specifically about Section 8 vouchers. These individuals likely have no genuine interest in renting; however, when a landlord unknowingly responds with a negative or non-compliant reply, these individuals seize the opportunity to initiate a lawsuit.

The consequences of such lawsuits can be significant. Even if a landlord manages to prevail in court, the cost of legal defense can be considerable. What can landlords do to avoid these situations?

1. Educate Yourself and Your Team: Know the laws in California about Section 8 and ADA Compliance.

2. Standardize Responses: Prepare a standard, compliant response to use for inquiries about Section 8 or any other services that might be discriminatory if handled improperly.

3. Consult Legal Advice: It’s always worthwhile to check with an attorney about compliance with rental agreements, policies, advertisements, and even text response templates for prospective tenants.

4. Stay Informed: California laws and regulations governing housing are constantly evolving. Staying up to date about legislative changes can help landlords adapt their policies to make sure they remain in compliance.

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