Tenant Screening Without Fair Housing Violations

A landlord who screens tenants well sleeps better. A landlord who screens tenants inconsistently faces fair housing complaints that cost $20,000 to defend even when ultimately dismissed. The trick is not avoiding screening (you should screen). The trick is screening every applicant the same way, on objective written criteria, and keeping the paper trail to prove it.

The federally protected classes

The Fair Housing Act prohibits discrimination based on:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation under current HUD interpretation)
• Familial status (presence of children under 18, pregnancy)
• Disability (physical or mental)

State and local additions

Many jurisdictions add more protected classes:

• Source of income: a growing number of states and cities prohibit discrimination against Section 8 voucher holders or other housing assistance recipients (NY, NJ, CA, MA, WA, OR, IL, MN, and many cities)
• Age: protected in some jurisdictions for adults
• Marital status: many states
• Military / veteran status: federal contractors and some states
• Sexual orientation / gender identity: many states (HUD also reads sex protection broadly)
• Criminal history: increasingly protected; ban-the-box rules
• Ancestry / immigration status: some states

Build a written screening policy

The single best protection is a written policy you apply to every applicant. Include:

• Income requirement: e.g., gross monthly income at least 2.5x rent, with documentation (pay stubs, employment verification, or tax returns). Section 8 / housing voucher counts as income where required by law.
• Credit requirement: minimum credit score, maximum delinquencies in past 24 months, no current judgments above $X.
• Rental history: no evictions in past 5 years (or 7), positive references from prior landlords, no outstanding balance owed to prior landlord.
• Criminal history: case-by-case review of any conviction in the past 7 years (avoid blanket bans). Specific convictions may be disqualifying based on a written criteria-list (e.g., violent felony in past 7 years, sex offender registry).
• Occupancy limits: typically 2 occupants per bedroom plus 1 (HUD guidance). Apply consistently regardless of family composition.
• Pet policy: clear allowed / not allowed plus deposit terms. Service and emotional support animals are not pets and cannot be subject to pet policies.

The application form

• Full legal name, prior addresses (5+ years), employment, income
• References (prior landlord, employer, personal)
• Number of occupants (allowed) but NOT relationships or ages of children (familial status)
• Consent for credit and background checks
• Application fee disclosure
• Anti-discrimination statement
• Signature acknowledging accuracy

Questions you cannot ask

• Where are you from / what is your accent? (national origin)
• Do you go to church? (religion)
• Do you have children? Are you planning to have children? (familial status)
• Are you married? (marital status, where protected)
• Are you disabled? Do you have a service animal? (disability) - You can ask if accommodations are needed but not the diagnosis
• Were you ever arrested? (criminal history must be a conviction question with case-by-case review)
• Where were you born / are you a US citizen? (national origin / immigration status, where protected)

Questions you can ask

• Total income / can you provide documentation
• Have you ever been evicted
• Have you ever broken a lease
• Total number of occupants (not their relationships)
• Are there pets / what kind / weight
• Do you smoke (where smoking-status questions are not specifically protected)
• Have you been convicted of a felony in the past 7 years (where allowed)

Application fees

• Charge a reasonable fee that covers the actual cost of screening
• State caps: California ($61.27 in 2026, indexed), Oregon (actual cost + $10), Washington (actual cost only), some states no specific cap
• Charge the same fee to every applicant
• Disclose the fee in the listing and on the application
• Do not charge an application fee if you have already accepted someone else (some states require refund)

The denial letter

If you deny an applicant, send a written denial letter that:

• States the reason for denial referencing your written screening criteria (e.g., "credit score below the published 620 minimum")
• Includes the federally required Adverse Action Notice if a credit report or background check was used to deny (FCRA requirement)
• Names the consumer reporting agency that supplied the report and the applicant\'s right to a free copy and to dispute
• Is sent within 30 days of the decision

Documentation to keep

For every applicant, approved or denied:

• Application form
• Credit report
• Background check
• Income verification
• Reference notes
• Denial letter (if applicable)
• Adverse Action Notice (if applicable)

Keep for at least 3 years (HUD recommendation), 7 years to be safe. Fair housing complaints can be filed up to 1 to 2 years after the alleged event in most jurisdictions.

Disability and reasonable accommodations

You must engage in an interactive process with disabled applicants and tenants who request accommodation. Examples:

• Service animals and emotional support animals: must be allowed despite a no-pet policy. No pet deposit or pet rent.
• Modifications: tenant may install grab bars, ramps at their cost; you cannot deny reasonable physical modifications
• Communication accommodations: you provide alternate formats if requested (large print, audio)
• Mobility-impaired tenant requesting parking near unit

Tools to set thresholds

• Rent-to-Income Qualifier for setting an income standard
• Security Deposit Limit Checker for state caps
• Late Fee Calculator for setting reasonable late fee terms

Get the lease done right

A solid lease following careful screening protects both sides for the entire tenancy. State-specific, completed in minutes.