City of Daytona Beach Anti-Discrimination, Source of Income Ordinance
City of Daytona Beach, Anti-Discrimination, Income Source Ordinance
Please note, none of the information outlined in this email is intended to serve as legal advice and we (AAGO) strongly encourage you to consult with legal counsel regarding this matter.
The City of Daytona Beach passed its anti-discrimination, income source ordinance in October. The AAGO Government Affairs Team was able to work with one of the Commissioners to get the word 'delay' inserted into the ordinance. With the addition of the word delay, housing providers would not be in violation of the ordinance if they chose not to rent to a voucher holder due to experiencing a delay in rent that would/could have been otherwise collected if a unit were to be leased to another prospective renter.
As the Ordinance reads, "It shall not be a violation of this section for a landlord to refuse to rent a unit where the public assistance program requires the landlord to reduce, delay, or waive rents, or other lease-related fees such as security deposits (provided that such rents or other fees do not violate subsection 2 below); or where the public assistance program requires the landlord to conduct repairs, maintenance, or improvements to the leased premises that exceed applicable provisions of the Land Development Code, including the property maintenance code, or the requirements of this Code."
About the Ordinance
In short, this ordinance mirrors Hillsborough County's source of income ordinance and makes it unlawful for a housing provider to refuse to rent to an individual based on their source of income or status with regard to a public assistance program or any requirements of a public assistance program. Typically, these ordinances are largely geared towards acceptance of the Housing Choice Voucher Program (or Section 8).
Per the ordinance, source of income includes/is defined as:
- A lawful profession, occupation, or job;
- A government or private assistance, grant, loan, or housing assistance program/voucher (including Housing Choice Vouchers (Section 8), Veterans Affairs Supportive Housing (VASH), Social Security, and Supplemental Security Income);
- A gift, inheritance, pension, or other retirement benefits, trust income, investment income, alimony, child support, or veteran's benefits.
- The sale of property or an interest in the property.
Among the most notable provisions, the ordinance states that it shall be unlawful and prohibited to:
- Refuse to rent, show, or lease, to refuse to negotiate for the rental of a residential dwelling unit located within the city to any person because of a person's source of income or status with regard to a public assistance program or because of any requirements of a public assistance program.
- Represent to any person, because of the source of income, that a residential dwelling unit located within the city is not available for inspection or rental when such rental unit is in fact so available.
- Use a financial or income standard in assessing a person's eligibility for rental of a residential dwelling unit located within the city, that is not based on or does not include government subsidies or vouchers that are provided for payment of rent.
Latest Activity
The AAGO Government Affairs Team was able to work with one of the City Commissioners to have the word delay inserted into the ordinance and get its effective date delayed until January of 2022.
Additional Resources on Source of Income
- National Apartment Association Source of Income Issue Overview- Here
- National Apartment Association Talking Points on Source of Income Fair Housing Protections- Here
For additional information about this ordinance and AAGO's involvement, please contact Trinity Kutschinski, Public Affairs Director.