HOAs Can Probably Prohibit Section 8 Housing

Question: We live in an HOA community in Chandler. One of the owners in our HOA community has recently rented to a Section 8 tenant. This Section 8 tenant and their children have been a nightmare! Loud parties and physical altercations with neighbors. Can we amend our CC&Rs to prohibit Section 8 tenants in the future?

Answer: By way of background, Section 8 housing was originally authorized by the Housing Act of 1937, and now currently assists low-income households by issuing vouchers for rental payments to landlords. Although several states have laws that prohibit discrimination against Section 8 tenants, Arizona is not one of them. Therefore, if the CC&R prohibiting Section 8 tenants is not a pretext for racial or other discrimination, an HOA can adopt a CC&R that prohibits Section 8 tenants, similar to an HOA adopting a CC&R prohibiting short-term rentals.

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