Source of Income Ordinances and the Expanding Landscape of Landlord-Tenant Preemption

Local governments increasingly face questions about how far they can regulate residential housing and landlord-tenant relationships, especially as states enact legislation that limits municipal regulatory power. Source-of-income ordinances, which generally prohibit landlords from rejecting prospective tenants based on lawful sources of income such as housing vouchers or public assistance, have become a major point of contention in the broader debate over local housing regulation.

This webinar will examine the legal and practical considerations around source-of-income ordinances and other landlord-tenant regulations that may be subject to state preemption. Speakers will explore the statutory and constitutional frameworks governing local authority, emerging trends in state-level preemption, the legal challenges municipalities may encounter when adopting or enforcing housing-related ordinances, and the arguments that may be available to local governments for why preemption statutes are unlawful and unenforceable.

The discussion will also address related areas of municipal housing regulation, including rental licensing and inspection requirements, tenant protections, rent regulation, eviction-related ordinances, and other local efforts to address housing affordability and availability. By examining relevant litigation, legislative developments, and practical considerations, the program will provide municipal attorneys with a framework for evaluating local regulatory authority, identifying potential preemption concerns, and advising their clients on developing and implementing housing policies.

Speakers: Thomas Silverstein & Nestor Davidson