Landlords are generally not allowed to ask prospective tenants about their age. This is because age is considered a protected characteristic under federal and state fair housing laws. It means that landlords cannot discriminate against tenants based on their age. Landlords can only ask about a tenant’s age if it is a bona fide occupational qualification reasonably necessary to the normal operation of the business. For example, a landlord may ask about a tenant’s age if they are applying for a senior citizen housing complex. However, the landlord must be able to show that the age requirement is necessary for the operation of the complex.
Fair Housing Act and Age Discrimination
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several protected characteristics, including age. This means that landlords cannot discriminate against tenants or applicants based on their age, or prefer one age group over another.
Examples of Age Discrimination in Housing
- Refusing to rent or sell a property to someone based on their age.
- Setting different terms or conditions for housing based on age.
- Harassing or intimidating someone based on their age.
- Evicting someone based on their age.
- Advertising housing in a way that suggests it is only available to people of a certain age.
Exceptions to the Fair Housing Act
There are a few exceptions to the FHA’s prohibition on age discrimination. For example, landlords can:
- Set age restrictions for housing intended for seniors or students.
- Provide housing to people of a particular age if it is necessary to provide specialized services or assistance.
What to Do If You Experience Age Discrimination
If you believe you have been discriminated against based on your age in housing, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You can also file a lawsuit in federal court.
Filing a Complaint with HUD
To file a complaint with HUD, you can:
- Call HUD’s toll-free number at 1-800-669-9777.
- File a complaint online at HUD’s website.
- Mail a complaint form to HUD’s Office of Fair Housing and Equal Opportunity.
Filing a Lawsuit in Federal Court
To file a lawsuit in federal court, you must:
- File a complaint with the clerk of the court in the district where the discrimination occurred.
- Serve the landlord with a copy of the complaint.
Damages You Can Recover
If you win your case, you may be awarded damages, including:
- Compensatory damages for the harm you suffered as a result of the discrimination.
- Punitive damages to punish the landlord for their discriminatory conduct.
- Injunctive relief to prevent the landlord from continuing to discriminate.
- Attorney’s fees and costs.
| Discriminatory Action | Description |
|---|---|
| Refusing to rent an apartment to a 65-year-old applicant | This is a clear example of age discrimination, as the landlord is refusing to rent to someone based solely on their age. |
| Charging a higher rent to a 70-year-old tenant than to a 30-year-old tenant | This is also age discrimination, as the landlord is setting different terms and conditions for housing based on age. |
| Harassing a tenant by calling them names or making fun of their age | This is a form of age discrimination that can create a hostile living environment for the tenant. |
Exceptions to Age Discrimination Laws
In most cases, it is illegal for a landlord to ask your age. However, there are a few exceptions to this rule. These exceptions include:
- When an age restriction is based on a bona fide occupational qualification (BFOQ). A BFOQ is a job requirement that is reasonably necessary for the normal operation of a business. For example, a landlord may be able to ask your age if you are applying to rent a senior living community.
- When a landlord is collecting data for a statistical purpose. A landlord may ask your age if they are conducting a survey or study. However, the landlord must tell you that the information is being collected for statistical purposes and that it will not be used to discriminate against you.
- When a landlord is trying to verify your identity. A landlord may ask your age if they need to verify your identity. For example, a landlord may ask your age if you are applying for a rental agreement or if you are trying to access a secure area of the property.
| Can Ask | Cannot Ask |
|---|---|
| To verify your identity | To screen tenants based on age |
| To collect data for a statistical purpose | To set different rent prices based on age |
| When a BFOQ applies | To deny housing to someone because of their age |
If you believe that a landlord has discriminated against you because of your age, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You can also contact a fair housing organization for assistance.
Fair Housing Laws Protect Tenants from Discrimination
In the United States, the Fair Housing Act prohibits landlords from discriminating against tenants based on their age. This means that landlords cannot ask your age or make decisions about your tenancy based on your age.
How to Handle Age-Based Inquiries from Landlords
- Be prepared. Before you start looking for an apartment, be aware of your rights under the Fair Housing Act. You can find more information on the U.S. Department of Housing and Urban Development (HUD) website.
- Don’t answer questions about your age. If a landlord asks you your age, you are not required to answer. You can simply say that you are not comfortable answering that question.
- Report any discrimination. If you believe that you have been discriminated against because of your age, you can file a complaint with HUD. You can also contact a fair housing organization in your area.
Additional Resources
| Resource | Description | Link |
| HUD’s Fair Housing Assistance Program | Provides information and assistance to victims of housing discrimination. | https://www.hud.gov/program_offices/fair_housing_equal_opp/fh_assistance_program |
| National Fair Housing Alliance | A non-profit organization that works to eliminate housing discrimination. | https://www.nationalfairhousing.org/ |
| Fair Housing Act | The federal law that prohibits housing discrimination. | https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act |
Can a Landlord Legally Ask Your Age?
In most cases, a landlord cannot ask your age before renting you an apartment. The Fair Housing Act protects people from discrimination based on age, among other characteristics like race, religion, gender, and family status. This means that landlords cannot make decisions about renting to someone based on their age.
There are some exceptions to this rule. For example, a landlord may ask your age if they are trying to determine if you are eligible for a senior citizen discount or other age-related program. They may also ask your age if they are trying to comply with a law that requires them to collect certain information about their tenants.
Filing a Discrimination Complaint
If you believe that a landlord has discriminated against you because of your age, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You can also file a complaint with your local fair housing agency.
- When filing a complaint, you will need to provide information about the following:
- The name and address of the landlord
- The date and time of the alleged discrimination
- A description of the alleged discrimination
- Any evidence you have to support your claim
HUD will investigate your complaint and take appropriate action. This may include issuing a warning letter to the landlord, requiring the landlord to change their policies, or even taking legal action against the landlord.
Federal Laws & Acts
| Law | Description |
|---|---|
| Fair Housing Act | Prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status, and disability. |
| Age Discrimination Act | Prohibits discrimination in employment based on age for individuals who are 40 years of age or older. |
| Equal Credit Opportunity Act | Prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance. |
Well, there you have it, folks! Now, you’re a certified landlord law expert. Hopefully, you’ll never have to put your newfound wisdom to the test, but if you do, you’ll be prepared. And hey, if you have any other burning real estate questions, just give me a shout. I’m always happy to dish out the legal knowledge. In the meantime, keep on renting, keep on dreaming, and keep on checking back for more awesome articles. Stay tuned, my friends!