City of Boise Renter Protections

The City of Boise passed new renter protections. This includes:

• Prohibiting retaliatory conduct when a renter raises concerns about building, safety or health code, makes repair requests, becomes a member of a community resident association or retains council.
• Providing new tenants with a notice of landlord and tenant responsibilities
• Full security deposit return when renters are being permanently displaced by demolition or substantial remodel
• Rental application fees capped at $30 (this one isn’t new, but is part of the Renter Protections ordinances)
• Prohibiting source of income discrimination.

 Prohibiting Source of Income Discrimination

Beginning January 1, 2024, landlords can no longer deny an applicant just because they’re using a Section 8 voucher or other forms of legal, verifiable rental assistance.

Any property manager or landlord with rental units in Boise, except for landlords those that own and self-manage two or fewer units, have to abide by this new ordnance. There’s also an exemption for employers who provide or support housing for their employees.

What Sources of Income must be accepted?

Landlords cannot discriminate based on source of income, as long as it’s verifiable and legal, including but not limited to:

• Self-Employment
• Dividends
• Government Assistance
• Grant
• Veteran’s Benefits
• Rental Assistance
• Social Security
• Other Retirement Programs
• Gift
• Inheritance
• Pension
• Annuity
• Alimony
• Child Support
• Other Sources

What about Section 8:

The Housing Choice Voucher program (commonly referred to as Section 8) provides assistance to households to afford safe housing. It’s administered locally by the Boise City/Ada County Housing Authority.

Public housing agencies (PHA) receive federal funds to administer the voucher program. The family that receives a voucher then finds suitable housing which must meet minimum standards for health and safety per the PHA. The housing subsidy is paid to the landlord directly by the PHA on behalf of the renter. The renter pays the difference between actual rent charged and the voucher amount. There’s a lot more detail, which you can find at the HUD website here.

Applicant Screening

“This paragraph does not prevent a person from refusing to lease… based upon established tenant selection criteria, if such criteria is consistent with local, state, and Federal law. “

When you use a property management company, they should have a set of published qualification criteria that are used when screening potential tenants. Regardless of whether or not an applicant is using a voucher, they still need to meet the same screening criteria as everyone else.

It’s also important to know that adding any additional criteria to voucher holders is not allowed. They should be screen in the same way any other applicant is. A landlord can’t require someone to pay more rent than others or refuse to lease a rental because of the source of income.

Do you Own Research

If you own rentals in Boise, be sure to familiarize yourself with the changing regulations, or work with a property manager with a high degree of professionalism that stays up-to-date. Look for a manager who is a member of NARPM, the National Association of Residential Property Managers, and invests in continuing education.

We’re not lawyers, and this isn’t legal advise. We got this information from the following websites, so feel free to take a look to learn more about the new regulations and how it may apply to you.

Overview of Boise Renter Protections 

Source of Income Discrimination FAQ

City of Boise Updated Ordinance ORD- 37-23

HUD Housing Choice Voucher Program – Section 8

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