How to Legally and Effectively Screen Section 8 Tenants

If you’re considering—or already accepting—Housing Choice Vouchers (Section 8)for your rental, one of the most important steps in protecting your property and ensuring a good tenant relationship isproper tenant screening.

Here’s the good news:You absolutely can screen Section 8 tenants. The voucher covers part of the rent, but you still have every right to screen applicants like any other renter. In fact,you should. The key is to do itlegally, consistently, and professionally.

Let’s walk through how to screen Section 8 tenants effectively—without violating fair housing laws—and how to find long-term tenants who will treat your investment with respect.

Know the Law: What You Can and Can’t Do

First, let’s clear up a common misconception. Accepting Housing Choice Vouchers doesnotmean you must take every applicant who applies with a voucher. However, in many cities and states—including Albuquerque—it isillegal to reject an applicant solely because they use a voucher.

This is due to"source of income" protectionsunder local fair housing laws.

Youcanscreen for credit, criminal history, eviction records, income, and rental history.

Youcannotdeny an applicantjustbecause they have a Housing Choice Voucher.

Step-by-Step: How to Screen Section 8 Tenants the Right Way

1. Use the Same Written Criteria for All Applicants

Create a written tenant selection criteria sheet that appliesto all applicants—voucher or not. This helps you stay compliant and avoid discrimination claims.

Your criteria might include:

• Minimum credit score (e.g., 600+)

• No evictions in the last 3 years

• Verifiable rental history

• Monthly income (typically 2.5–3x rent, including voucher portion)

• Clean criminal background (excluding protected or irrelevant offenses)

Pro Tip: Make sure your criteria are published and provided upon request. Consistency is your legal shield.

2. Verify Income—Even with a Voucher

The Housing Choice Voucher will cover a portion of the rent, but tenants are usually still responsible for paying 30–40% out-of-pocket. You want to ensure they can reliably make their portion of the payment.

Ask for:

• Pay stubs

• SSI/SSDI award letters

• Bank statements

• Housing authority voucher payment breakdown (to see what portion the tenant is responsible for)

Tip: A tenant’s income should be sufficient to cover their share, plus utilities or other expenses.

3. Run a Full Background Check

Just like with any tenant, you can and should run:

• Credit report

• National eviction search

• Criminal background check

Remember: Some low-income applicants may have lower credit due to medical bills or student debt. Use credit reports asone part of a full evaluation, not the sole determining factor.

​Avoid blanket bans on criminal history. Many jurisdictions—including New Mexico—require landlords toconsider the nature, date, and relevanceof any conviction.

4. Call Previous Landlords

​This step is often the most revealing. Speak with the current and previous landlords and ask:

• Did the tenant pay rent on time?

• Were there any complaints or lease violations?

• Was the unit kept in good condition?

• Would you rent to them again?

Red flag: If a current landlord is eager to see the tenant go, dig deeper.

5. Conduct a Professional Interview

Once the paperwork looks good, do a quick phone or in-person interview. This is your chance to:

• Explain your expectations clearly

• Answer tenant questions about the property and lease terms

• Gauge communication style and attitude

Always remain respectful and businesslike. Don’t ask personal or intrusive questions. Stick to housing-related topics.

How to Avoid Discrimination Claims

​To stay compliant withHUD and Fair Housinglaws:

• Use thesame processfor every applicant.

• Don't make assumptions based on voucher status, income level, race, disability, family size, or background.

• Keep documentation of why you approved or denied a tenant.

• Never mention the voucher in your decision-making notes—focus on objective criteria.

Best Practice: If you deny a Section 8 applicant, provide a written notice explaining the reason based on your stated criteria (e.g., credit score, past eviction, or incomplete application).

Final Thoughts: Be Fair, Firm, and Consistent

The truth is,screening voucher tenants is no different than screening any other renter—as long as you treat every applicant equally and follow a structured process. In our experience at 505 Housing, many Section 8 tenants are respectful, reliable renters who simply need a little extra help affording a place to call home.

By following these steps, you’ll reduce your risk, protect your investment, and build a reputation as a professional and fair landlord in the Albuquerque rental market.

Want Expert Help with Screening & Management?

At 505 Housing, we handle the entire screening process for you—from background checks to lease signings—and we specialize in managing both traditional and Section 8 properties. We protect your property like it’s our own.