Rental screening Criteria & Fair Housing Laws

Most landlords use information such as credit reports, rental histories, and background checks to evaluate a potential tenant. Some property managers also use tenant screening services or other applications.

When considering your rental application, landlords must follow state and federal Fair Housing laws. 

it is illegal for a landlord to Discriminate Based on…

Race / Ethnicity

•

National Origin

•

Sex

•

Religion

•

Familial Status

•

Disabilities

•

Race / Ethnicity • National Origin • Sex • Religion • Familial Status • Disabilities •

The Fair Housing AcT

The Fair Housing Act is a federal law that requires landlords to treat all of their tenants equally, regardless of their personal characteristics. When landlords do not provide equal treatment to their tenants, this is called discrimination.

Examples of housing discrimination may include:

  • Giving one applicant for housing undue priority over others

  • Refusing to make repairs for certain tenants

  • Refusing to rent to certain types of people

  • Telling someone that housing is no longer available (when the unit is still available)

  • Requiring higher rents or different lease conditions for the same accommodations

  • Denying certain tenants access to facilities

Protected Characteristics

Under the Fair Housing Act, it is illegal for a landlord to treat someone differently because of their…

  • Race or ethnicity

  • National origin (the country a person is from)

  • Sex

  • Religion

  • Familial or marital status (for example, whether someone has children or if a couple is married)

  • Disabilities (including mental health conditions)

    • Age or date of birth

    • Social security number

    • Monthly income

    • Employment status

    • Credit score

    • Who will live in the unit

    • Rental history

    • References

    • Race or ethnicity

    • National origin (ex. “where are you really from?”)

    • Religion

    • Marital status

  • A landlord can ask you who will live in the unit with you, but they cannot prohibit your children from living there, as long as the unit will not be overcrowded. Some exceptions may apply - for example, senior living communities may not allow minor children to live on the property.

If you have been treated unfairly in your housing, contact: