Selecting tenants for residential rentals can often feel like a gamble, but asking the right questions and avoiding those prohibited by law can streamline the process and protect you from legal trouble.
Landlords must avoid specific questions on rental applications to remain compliant with fair housing laws. These restrictions apply to both written applications and verbal interviews. Even casual inquiries touching these areas could potentially lead to legal issues.
IMPORTANT
Federal laws impose restrictions on certain questions, while state and local regulations may have additional prohibitions.
What Questions Can Landlords Not Ask on a Rental Application?
Rental applications are crucial for screening tenants, but landlords must be cautious to avoid legal pitfalls. Here’s a list of questions you should avoid:
1. Questions About Race
- What to Avoid: Inquiries about an applicant’s race or skin color.
- Why It’s Illegal: The Fair Housing Act (FHA) prohibits racial discrimination. This includes direct or indirect questions about racial background [1] .
- Alternative: Focus on standard information such as name and contact details.
2. Questions About Nationality
- What to Avoid: Questions about an applicant’s nationality, place of birth, or the birthplace of their family members.
- Why It’s Illegal: Such questions can be considered discriminatory under the FHA, which protects against discrimination against national origin.
- Alternative: Stick to questions that focus on eligibility and verification of rental agreements.
3. Questions About Religion
- What to Avoid: Questions about an applicant’s religious beliefs, practices, or affiliations.
- Why It’s Illegal: Asking about religion can lead to discrimination and is prohibited by the FHA [2] .
- Alternative: Do not include religious inquiries in the application or during interviews.
4. Questions About Age
- What to Avoid: Questions about the age of applicants or their children.
- Why It’s Illegal: Discriminating based on age is illegal unless it pertains to the legal capacity to enter into a rental agreement. For example, 18 is generally the age of majority, but this varies by state.
- Alternative: Ask if the applicant can legally sign a lease and whether any occupants are minors without delving into specific ages.
IMPORTANT
- In most states, the age of majority is 18, but it can be 19 in Alabama and Nebraska and 21 in Mississippi.
- Landlords with properties that qualify for the federal 55 and older exemption may refuse to rent to people under 55 and with minor children.
5. Questions About Physical or Mental Disabilities
- What to Avoid: Questions about an applicant’s physical or mental health, including whether they have a service animal.
- Why It’s Illegal: Inquiries that discriminate under the FHA are prohibited. Landlords must accommodate tenants with disabilities and allow service animals if the tenant is selected and meets specific criteria. Peripheral questions about service animals during screening are not permitted [3] .
- Alternative: If applicable, ask if the tenant requires accommodations due to a disability and focus on whether the property can meet these needs.
6. Questions About Family Status
- What to Avoid: Questions about family size, pregnancy status, or the number of children.
- Why It’s Illegal: Discrimination based on familial status is prohibited, except when limiting occupancy to comply with health and safety regulations.
- Alternative: Inquire about the number of occupants and ensure compliance with occupancy limits without questioning family status.
TIP
Avoid asking about pregnancy or plans for pregnancy. Instead, focus on occupancy limits and accommodations if needed.
7. Questions About Sexual Orientation
- What to Avoid: Questions about an applicant’s sexual orientation.
- Why It’s Illegal: Many states have laws prohibiting discrimination based on sexual orientation. Even where not explicitly illegal, asking such questions can lead to discrimination claims. [4]
- Alternative: Avoid any inquiries regarding sexual orientation in both applications and interviews.
8. Questions About Public Assistance
- What to Avoid: Questions about whether an applicant receives public assistance or government benefits.
- Why It’s Illegal: Discrimination based on the source of income is prohibited. Focus on the applicant’s ability to pay rent.
- Alternative: Ask for proof of income without specifying the source.
9. Questions About Arrests
- What to Avoid: Questions about prior arrests.
- Why It’s Illegal: Arrests alone do not indicate criminal guilt and can lead to discrimination. Some jurisdictions also have laws limiting the use of criminal history in tenant screening.
- Alternative: Check for rental or safety-related convictions and ensure compliance with local laws regarding criminal history.
IMPORTANT
Some jurisdictions, such as Seattle, have specific laws regarding criminal history. In Oregon, convictions for offenses no longer illegal, and older convictions cannot solely determine rental application denial.
What Can a Landlord Ask for on a Rental Application?
Although the restrictions outlined by the FHA serve as the foundation for rental applications across the country, landlords need to be mindful that municipal, county, and state jurisdictions can have different laws.
One innocent mistake can result in thousands in legal fees and fines.
When you write a rental application or interview a potential tenant over the phone, ask intelligent questions that help determine an applicant’s financial situation and ability to pay rent.
To ensure compliance with fair housing laws, landlords should focus on questions that are directly relevant to financial and rental qualifications:
- Income Verification: Ask about total verifiable monthly income.
- Rental History: Request current and previous rental references.
- Employment Details: Inquire about employment status and history.
- Credit History: Obtain permission to run a credit report.
- Occupancy Details: Determine the number of people who will live in the property.
- Security Deposit: Verify the applicant’s ability to pay the security deposit.
Property owners can not ask questions that violate federal or state discrimination laws [5] . Federal law prohibits questions about national origin, race, sex, familial status, religion, and disabilities.
California landlords cannot ask about color, race, sex, religion, gender, gender expression, gender identity, sexual orientation, marital status, ancestry, national origin, familial status, genetic information, or disability [6] .
Frequently Asked Questions
Is a Rental Application Legally Binding?
A standard rental application is not a legally binding contract but is used to gather relevant information for tenant screening. It includes signatures that authorize background and credit checks and affirm the truthfulness of the information provided.
How do I Run a Credit Check on a Rental Application?
You can quickly gather information to run a credit check on a rental application by including the following queries in your form:
- Tenant(s) name
- Tenant(s) address
- Tenant(s) social security number or individual taxpayer identification number
You can order a credit report for a tenant from the following third-party credit bureaus:
