U.S. Supreme Court
Montgomery County, Md., in suburban Washington, D.C., is a jurisdiction with a local ordinance that prevents housing discrimination based on source of income. While the landlord in this case participates in local housing subsidy programs, it has decided to not participate in the Section 8 program due to onerous federal regulatory oversight, and it declined to accept Section 8 vouchers from a tenant. The tenant filed a complaint with the local human rights commission, which decided that the landlord could not discriminate based on source of income and must accept the voucher. A trial court agreed with the landlord, but Maryland’s highest court agreed with the tenant. Arguing that the voluntary nature of the federal Section 8 program pre-empts a local source of income law that effectively mandates participation in the voucher program, the landlord has asked the U.S. Supreme Court to review the case.
On June 2, 2008, NAHB filed its amicus brief urging the Supreme Court to accept the case. However, the Court denied cert. in this matter.