Protecting subsidy recipients from discrimination is essential and this draft guidance does a good job of clarifying how the new protections should be handled by landlords. The guidance provides helpful examples of when and how the new protection will apply.

It seems reasonable that evaluation of whether a tenant can afford a particular rent should take into consideration only the payment being made directly by the tenant. So for a landlord that has a requirement that income must be three times the rent, the appropriate calculation is to assess whether the tenant’s income is three times the tenant’s portion of the rent. This rule can be used equally for all tenants: Is the tenant’s income sufficient to pay the tenant’s portion of the rent?

As with any new law or regulation, this may take some effort for landlords to adjust to the new process. As such, there should be a rigorous outreach and education process to communicate this new protection and related guidance. This will help avoid many violations in the first place and better achieve the intent of the law.