Vt. Human Rights Comm'n, HV19-0018, Investigative Report & Reasonable Grounds Determination

Mr. Deery's refusal to accept Section 8 was also based on what he deemed an excessive burden
of the administrative rules of Section 8 housing. Ms. Weygant began receiving Section 8 housing
assistance through Bennington Housing Authority in June of 2017.tas A year later, in June of
2018, the method by which landlords of tenants with Section 8 would receive their payment
changed.la6 Instead of receiving a payment by check, Bennington Housing Authority required
landlords to use direct deposit.laT Mr. Deery stated that he stopped taking Section 8 because of
the changes in their rules, explaining that Section 8 was going to require him to use direct
deposit, which he did not want to use.l48 Mr. Deery declined to explain specifically why he did
not want to use direct deposit, stating, "lflor personal reasons, I didn't want direct deposit."l4e

Cases in other states indicate that public assistance discrimination extends to refusal or failure to
follow Section 8 required procedures, even when a landlord may object to those procedures. New
York's Court of Appeals. analyzing a rent stabilization code, found that landlords are obligated
to continue accepting atenant's Section 8 rent subsidies and are notpermitted to optoutof the
federal Section 8 rent subsidy program simply because they disagree with the additional
procedures.lstt 1n another New York opinion, the court found that a realty company
discriminated against its tenant on the basis of the tenant receiving Section 8 when the realty
company refused to complete a lead paint disclosure form that was required by the housing