What Landlords Can and Cannot Ask Applicants

Before asking anything, ask yourself whether the answer relates to paying rent, following lease rules, or maintaining the unit. If it does not, it probably does not belong on your application or in your conversation.

Questions that touch a protected characteristic, even casually, can become evidence in a fair housing complaint. Friendly small talk about an applicant's accent, church, or kids can backfire.

Keeping the focus on objective, lease-related facts protects both you and the applicant and keeps your screening consistent.

You can ask about rental history, including past addresses, reasons for leaving, and references from prior landlords. You can ask about current employment, length of employment, and income, and request proof such as pay stubs or tax returns.

You can request permission to run a credit report and a background check to assess financial reliability. You can ask whether the applicant meets your stated occupancy and pet policies as written.

You can ask whether the applicant can meet the lease terms, such as the rent amount, the lease length, and any reasonable building rules that apply to everyone.

Do not ask about race, color, national origin, religion, sex, or disability. That includes indirect questions like where someone is 'originally from' or what church they attend.

Do not ask about an applicant's family plans, whether they are pregnant, or how many children they intend to have, since familial status is protected. Avoid questions about marital status where it is protected.

Do not ask about a disability or medical condition, or whether an animal is a pet when it may be an assistance animal. In many places you also cannot ask about receipt of public assistance.

You generally cannot ask an applicant whether they have a disability or what their condition is. You also cannot require them to identify a service or assistance animal as a pet or charge pet fees for it.

If a disability and the related need are not obvious, you may ask for documentation that supports a reasonable accommodation request, but you should not probe into medical details beyond that need.

Handle accommodation requests through a consistent process and review HUD guidance and your state's rules, since the specifics on documentation and timing matter.

Questions about arrests that did not lead to a conviction are weak ground and restricted in many jurisdictions. An arrest is not proof of wrongdoing, so it generally should not drive a decision.

If you ask about convictions, tie any policy to the nature and recency of the offense rather than a blanket lifetime ban, consistent with HUD guidance on disparate impact.

Some cities and states limit when and how you can ask about criminal history at all, so confirm what is allowed where your property is located before adding such questions.

Use the same written application and the same questions for every applicant. Inconsistency, such as asking some people extra questions, is a common trigger for discrimination claims.

Train anyone who shows units or fields inquiries to stick to lease-related facts and to avoid volunteering or inviting protected information.

A tenant placement service uses one standardized, fair-housing-aware application and screening process for every applicant, which keeps the questions consistent and the decisions easier to defend.