Nebraska Section 8 Rules: Lincoln Bans Voucher Bias, State Doesn’t

Short answer: Nebraska Section 8 rules split along city lines. State fair housing law, Neb. Rev. Stat. § 20-318, does not protect source of income, so in most of the state a landlord may refuse a voucher. Lincoln is the exception: voters there amended the city’s human rights code on May 6, 2025, to bar housing discrimination based on lawful source of income, including vouchers.

Everything else, from how your rent share is figured to how a voucher landlord can end your lease, follows the federal Housing Choice Voucher rules. The practical questions are which agency to apply to and whether the landlord you want has to consider your voucher at all.

Quick reference: Nebraska Section 8 rules

Lincoln’s source-of-income ordinance

According to the Lincoln Commission on Human Rights, the 2025 amendment to Title 11 makes it illegal to discriminate against someone “because of the lawful source of income they use for their housing costs.” The commission’s examples include Social Security, housing vouchers, pensions and child support. In practice, a Lincoln landlord cannot post “no Section 8” or reject you simply because a housing authority will pay part of the rent.

The ordinance has been challenged. Local news reported in September 2025 that four landlord companies sued the city, arguing the measure violates the U.S. and Nebraska constitutions, while noting the ordinance had been in effect since June 14, 2025. If a Lincoln landlord refuses your voucher, call the commission at 402-441-7624 to confirm the ordinance’s current status and ask how to file.

What about Omaha and the rest of Nebraska?

Outside Lincoln, § 20-318 is the main state rule, and income source is not on its list. A landlord in Omaha, Grand Island or Kearney may legally decline a voucher unless a local ordinance says otherwise. What a landlord still cannot do is use “no vouchers” as a pretext to turn away a family with children or a tenant with a disability, because familial status and disability are protected.

A note on a 2025 change: § 13-331 now bars cities from enacting rent control, with exceptions for voluntary and inclusionary affordable-housing programs. Its text is about rent levels and does not mention source of income or vouchers.

Nebraska housing authorities and their waiting lists

Nebraska has no single statewide voucher agency. You apply to the housing authority for the city or county where you want to live, and many smaller towns have their own agency.

Omaha Housing Authority. The largest program in the state opens its voucher list only occasionally. Its application page says openings are announced in the Omaha World-Herald, El Perico, the Omaha Star and on its website at least 7 days in advance. You file a short pre-application on the agency’s online portal, and after the window closes a computer lottery picks who may complete a full application. In the 2023 lottery, 1,500 households were selected.

Lincoln Housing Authority. LHA runs rental assistance and a homeless voucher program from its office at 5700 R Street, according to its website, and requires an application from every applicant. Call 402-434-5500 to ask whether its voucher list is accepting names before you go in.

Because lists open and close at different times, it is reasonable to watch several agencies at once. Getting a voucher from one agency does not stop you from moving later, as explained below.

Federal rules that come with every voucher

Agencies serve the poorest applicants first in a structured way. Under 24 CFR 982.201, families generally must be very low income to qualify, and at least 75% of the families an agency admits each fiscal year must be extremely low income.

Your share of rent is the greatest of 30% of monthly adjusted income, 10% of gross monthly income, and a few other figures listed in 24 CFR 5.628. Deductions in 24 CFR 5.611, such as $480 per dependent and $525 for an elderly or disabled family, reduce adjusted income. The agency must recheck your income at least once a year under 24 CFR 982.516, and the unit must pass Housing Quality Standards inspections.

Under 24 CFR 982.310, a landlord can end a voucher tenancy only for serious or repeated lease violations, certain illegal activity, or other good cause, must give written notice of the grounds, and can remove you only by filing in court. For how that case moves in Nebraska, see our Nebraska eviction process guide.

Moving between Nebraska agencies

Suppose you get a voucher from a small-town agency but your job is in Omaha. Portability lets you move. Under 24 CFR 982.355, the agency where you move administers your voucher and may bill the original agency for your assistance. Ask both agencies about timing before you sign anything, since the new agency will run its own briefing and inspection.

Example: a Lincoln renter with a voucher

Marcus and his daughter live in Lincoln. His gross income is $2,100 a month; after the $480 dependent deduction, spread over 12 months as $40 a month, his adjusted monthly income is $2,060. Under 24 CFR 5.628, 30% of $2,060 is $618, which beats 10% of gross income ($210), so his total tenant payment is $618.

In August 2025 he applies for a two-bedroom near his daughter’s school. The leasing agent says the owner “doesn’t do Section 8.” Because the Lincoln ordinance was in effect from June 14, 2025, Marcus saves the message and calls the Lincoln Commission on Human Rights. Had the apartment been in Bellevue instead, the refusal would have been legal under state law, and his best option would have been to keep searching. Run your own numbers in our Section 8 rent calculator.

Applying in Nebraska: a checklist

• Sign up for alerts or check the websites of every agency in the area you want; Omaha gives only a week’s notice before it opens.
• Have picture ID, Social Security cards or proof of numbers, and birth certificates for children under 18 ready. Omaha’s agency lists these for the full application.
• Collect proof of all income and assets, proof of citizenship or eligible immigration status, and custody, disability, marriage or divorce papers that apply to your household.
• Keep your contact information current with every agency you have applied to.

Frequently Asked Questions

Is the Lincoln source-of-income rule still enforceable?

The commission’s website describes the protection as law, and news reports said it took effect June 14, 2025, but landlords sued to overturn it in September 2025. Call the commission for the current status before relying on it in a dispute.

Can an Omaha landlord legally say “no Section 8”?

Under state law, yes, because § 20-318 does not list source of income. The refusal becomes illegal only if it is really about a protected trait, such as having children or a disability.

How does the Omaha Housing Authority choose applicants?

It takes online pre-applications during an announced window, then uses a computerized lottery to choose who may finish a full application. Not everyone who applies during the window is selected.

Did Nebraska’s 2025 rent-control law affect vouchers?

Section 13-331 limits local rent control. Its text does not address vouchers or source of income, so it did not change the Lincoln rule or federal voucher rules on its face.

Is my security deposit different because I have a voucher?

No. Nebraska’s general deposit rules still apply; see our Nebraska security deposit guide.

Start by checking the Omaha and Lincoln agencies’ sites and any housing authority in the town where you want to live, and keep copies of every application. Our Nebraska tenant rights overview and the state-by-state Section 8 hub cover related questions. This page is general information, not legal advice; for help with a specific dispute, find legal aid through LSC.

Sources

• Neb. Rev. Stat. § 20-318
• Neb. Rev. Stat. § 13-331
• Lincoln Commission on Human Rights
• KOLN/KGIN, landlords sue over Lincoln ordinance (Sept. 2025)
• Omaha Housing Authority, Application Process
• Lincoln Housing Authority
• 24 CFR 982.201
• 24 CFR 5.628
• 24 CFR 5.611
• 24 CFR 982.516
• 24 CFR 982.310
• 24 CFR 982.355
• LSC, Get legal help