Landlords have the right to choose tenants, but they cannot discriminate based on certain factors, such as race, religion, national origin, gender, familial status, or disability. This means that landlords cannot refuse to rent to someone because of their race, religion, or national origin, or because they have children or a disability. Landlords must also make reasonable accommodations for tenants with disabilities. For example, a landlord might install a wheelchair ramp or allow a tenant to have a service animal.
Tenant Selection Criteria
Landlords have the right to choose their tenants, but they must do so without discriminating against protected classes, such as race, color, religion, national origin, sex, familial status, or disability. In addition, landlords may not discriminate against tenants based on their source of income, such as housing vouchers.
Landlords typically use a variety of criteria to select tenants, including:
- Credit history: Landlords often check a tenant’s credit history to assess their financial stability and ability to pay rent on time.
- Rental history: Landlords may also check a tenant’s rental history to see if they have a history of paying rent on time and taking care of their property.
- Income: Landlords typically require tenants to have a steady income that is at least three times the monthly rent.
- Employment history: Landlords may also ask for a tenant’s employment history to verify their income and stability.
- Criminal background check: Some landlords run criminal background checks on potential tenants.
- References: Landlords may ask for references from a tenant’s previous landlords or employers.
Landlords are not required to use all of these criteria, and they may weigh them differently depending on their own preferences. However, they must use these criteria in a fair and consistent manner and cannot discriminate against any protected class.
In some cases, landlords may be required to make reasonable accommodations for tenants with disabilities. For example, a landlord may be required to install a wheelchair ramp or make other modifications to the property to make it accessible to a tenant with a disability.
Tenant Selection Process
The tenant selection process typically involves the following steps:
- Application: Tenants must submit an application to the landlord, which typically includes personal information, financial information, and rental history.
- Screening: The landlord will screen the application to determine if the tenant meets the rental criteria.
- Interview: The landlord may interview the tenant to get to know them better and to assess their suitability for the property.
- Lease Agreement: If the landlord approves the tenant, they will enter into a lease agreement with the tenant.
Avoiding Discrimination
Landlords must avoid discriminating against tenants based on any protected class. This means that they cannot:
- Refuse to rent to a tenant because of their race, color, religion, national origin, sex, familial status, or disability.
- Charge a higher rent or security deposit to a tenant because of their protected class.
- Harass a tenant because of their protected class.
- Retaliate against a tenant who has complained of discrimination.
If a tenant believes that they have been discriminated against by a landlord, they should file a complaint with the appropriate federal, state, or local agency.
| Criteria | Description |
|---|---|
| Credit history | Landlords often check a tenant’s credit history to assess their financial stability and ability to pay rent on time. |
| Rental history | Landlords may also check a tenant’s rental history to see if they have a history of paying rent on time and taking care of their property. |
| Income | Landlords typically require tenants to have a steady income that is at least three times the monthly rent. |
| Employment history | Landlords may also ask for a tenant’s employment history to verify their income and stability. |
| Criminal background check | Some landlords run criminal background checks on potential tenants. |
| References | Landlords may ask for references from a tenant’s previous landlords or employers. |
| Disability | Landlords must make reasonable accommodations for tenants with disabilities. |
Fair Housing Laws
Fair housing laws prohibit landlords from discriminating against tenants based on certain protected characteristics. These laws apply to all housing, including apartments, houses, and mobile homes. The Fair Housing Act of 1968 is the primary federal law that prohibits housing discrimination. Other federal laws, such as the Americans with Disabilities Act and the Equal Credit Opportunity Act, also prohibit discrimination in housing.
Protected Classes
The following are protected classes under fair housing laws:
- Race
- Color
- Religion
- National origin
- Sex
- Familial status
- Disability
Landlords cannot discriminate against tenants based on any of these characteristics. For example, a landlord cannot refuse to rent to a tenant because of their race, color, religion, national origin, sex, familial status, or disability.
Landlords must treat all tenants equally, regardless of their protected characteristics. This means that landlords must:
- Rent to tenants on a first-come, first-served basis.
- Not set different rental rates or terms for tenants based on their protected characteristics.
- Not harass tenants based on their protected characteristics.
- Make reasonable accommodations for tenants with disabilities.
If a landlord discriminates against a tenant based on a protected characteristic, the tenant can file a complaint with the U.S. Department of Housing and Urban Development (HUD). The tenant may also be able to file a lawsuit against the landlord.
In addition to fair housing laws, some states and localities have their own laws that prohibit housing discrimination. These laws may provide additional protections for tenants.
| Discriminatory Action | Protected Class |
|---|---|
| Refusing to rent to a tenant because of their race | Race |
| Setting a higher rent for a tenant because of their familial status | Familial status |
| Harassing a tenant because of their disability | Disability |
| Failing to make a reasonable accommodation for a tenant with a disability | Disability |
Avoiding Discrimination in Tenant Selection
Landlords have the right to choose their tenants. However, they must do so without discriminating against anyone based on race, color, religion, national origin, sex, familial status, or disability. Discrimination can occur in various ways, including refusing to rent to someone, setting different terms or conditions for renting, or evicting someone.
To avoid discrimination, landlords should follow these guidelines:
- Have an application process that is the same for all applicants.
- Evaluate all applications based on the same criteria.
- Make a decision based solely on the information in the application and not on the applicant’s appearance, accent, or other personal characteristics.
- Be prepared to explain your decision to an applicant who is denied housing.
Landlords should also be aware of the Fair Housing Act, which protects people from discrimination in housing. The Fair Housing Act covers all types of housing, including apartments, houses, and mobile homes.
If you believe you have been discriminated against 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.
The following table provides some examples of discriminatory practices that landlords should avoid:
| Discriminatory Practice | Example |
|---|---|
| Refusing to rent to someone because of their race | A landlord refuses to rent an apartment to a Black family. |
| Setting different terms or conditions for renting | A landlord charges a higher security deposit for a tenant with a disability. |
| Evicting someone because of their familial status | A landlord evicts a tenant because they have children. |
By following these guidelines, landlords can avoid discrimination and create a welcoming environment for all tenants.
Landlord’s Rights in Tenant Selection
Landlords have the right to choose tenants for their rental properties. However, landlords are prohibited from discriminating against potential tenants based on protected characteristics, such as race, color, religion, national origin, sex (including pregnancy), age (40 or older), marital status, familial status (including children), and disability.
To comply with fair housing laws, landlords must use objective criteria to screen all potential tenants, regardless of their protected characteristics. Examples of objective criteria include:
- Credit history
- Rental history
- Income verification
- Criminal background check
- Employment history
Landlords are also allowed to set reasonable occupancy limits for their rental units. Occupancy limits are typically based on the size of the unit and the number of bedrooms. Landlords cannot use occupancy limits to discriminate against families with children. Landlords also can set reasonable pet policies for their rental units. However, landlords cannot discriminate against tenants with service animals.
Tenant Selection Process
The tenant selection process typically involves the following steps:
- The landlord advertises the rental unit.
- Potential tenants apply for the rental unit.
- The landlord reviews the applications and selects the tenants who meet the landlord’s objective criteria.
- The landlord enters into a lease agreement with the selected tenants.
The tenant selection process should be fair and impartial. Landlords should use objective criteria to screen all potential tenants and should not discriminate against any tenant based on a protected characteristic.
If you believe you have been discriminated against by a landlord, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the local fair housing agency.
Rights and Responsibilities of Landlords and Tenants
| Landlord’s Rights | Tenant’s Rights |
|---|---|
| To charge rent and security deposit | To live in the rental unit peacefully and quietly |
| To enforce the terms of the lease agreement | To receive all essential services, such as water, heat, and trash removal |
| To evict tenants who violate the terms of the lease agreement | To be free from discrimination and harassment |
Well guys, that’s all I got for you today. Thanks for hanging in there; I know it got a little legal-ish at times, but I hope it was worth it. The bottom line is this: landlords have a lot of power when it comes to choosing tenants, but they also have a lot of legal responsibilities. If you’re ever in doubt about your rights as a landlord or tenant, please reach out to a lawyer.
In the meantime, please visit again later – I’ll be dropping more knowledge bombs on you soon! In the meantime, stay safe, stay healthy, and keep on keepin’ on. Take care, folks!