Landlords usually can’t refuse to rent to someone because of their race, religion, gender, familial status, disability, or national origin. But there are a few situations where exceptions can be made. For example, landlords can refuse to rent to someone who has a history of violence or who poses a direct threat to the health and safety of other tenants. Additionally, landlords can also refuse to rent to someone who is considered to be a “nuisance” tenant, such as someone who is excessively noisy or who violates the terms of their lease.

State and Local Fair Housing Laws

In the United States, landlords are prohibited from discriminating against tenants based on certain protected characteristics. These characteristics are outlined in the federal Fair Housing Act, as well as various state and local fair housing laws. These laws aim to ensure equal access to housing and prevent discrimination based on race, color, religion, national origin, familial status, sex, or disability. Some additional examples include:

• Age
• Marital status
• Gender identity
• Sexual orientation
• Prior arrests
• Bankruptcy status
• Disability status
• Veteran status
• Source of income (such as Section 8 vouchers)

  Landlords are required to comply with these laws when renting out their properties. It is important for landlords to be aware of the fair housing laws that apply in their area, as well as the penalties for violating these laws.

  Here are some examples of fair housing laws at the state and local level:

  State	Fair Housing Law
  California	California Fair Employment and Housing Act (FEHA)
  New York	New York State Human Rights Law
  Illinois	Illinois Human Rights Act
  Washington	Washington Law Against Discrimination
  Oregon	Oregon Fair Housing Law
  Philadelphia, Pennsylvania	Philadelphia Fair Housing Act
  Minneapolis, Minnesota	Minneapolis Fair Housing Ordinance
  Seattle, Washington	Seattle Fair Housing Ordinance These are just a few examples, and there are many other state and local fair housing laws in effect. Landlords should consult with local authorities to learn more about the specific laws that apply in their area. In addition to state and local fair housing laws, there are also federal laws that prohibit discrimination in housing. The most important of these is the Fair Housing Act, which prohibits discrimination based on race, color, religion, national origin, familial status, sex, or disability. Landlords who violate the Fair Housing Act can face a variety of penalties, including fines, imprisonment, and court orders requiring them to change their discriminatory practices. They may also be required to pay damages to the victims of their discrimination. Federal Fair Housing Act The Federal Fair Housing Act (FHA) of 1968 was a landmark legislation in the fight against housing discrimination. It prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability. The FHA has been amended several times since its enactment, and these amendments have expanded the scope of the law’s protections. The most significant amendments to the FHA include the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act (ADA) of 1990. Who Is Protected Under the FHA? The FHA protects all individuals who are seeking housing, regardless of their race, color, religion, sex, familial status, national origin, and disability. Individuals with disabilities are also protected from discrimination in housing. This includes individuals who have physical or mental impairments that substantially limit one or more major life activities, as well as individuals who are regarded as having such impairments. The FHA also prohibits discrimination against people who have a familial status. This means that landlords cannot discriminate against families with children. What Types of Discrimination Are Prohibited? The FHA prohibits discrimination in housing in the following ways: Refusing to rent or sell a house to someone because of their race, color, religion, sex, familial status, national origin, or disability. Charging a higher rent or selling price to someone because of their race, color, religion, sex, familial status, national origin, or disability. Making housing unavailable to someone because of their race, color, religion, sex, familial status, national origin, or disability. Harassing someone because of their race, color, religion, sex, familial status, national origin, or disability. What Are the Exceptions to the FHA? There are a few exceptions to the FHA’s prohibition on discrimination in housing. For example, landlords are allowed to rent to people over the age of 18 and to refuse to rent to people who have been convicted of certain crimes. Additionally, landlords are allowed to set reasonable standards for tenants, such as requiring a security deposit or proof of income. However, these exceptions are narrowly construed, and landlords cannot use them to discriminate against people based on their race, color, religion, sex, familial status, national origin, or disability. How Can I File a Complaint of Housing Discrimination? If you believe that you have been discriminated against in housing, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD investigates complaints of housing discrimination and can take legal action against landlords who violate the FHA. Federal Fair Housing Amendments Act of 1988 Protected Class Prohibited Discrimination Race Refusing to rent or sell a house to someone because of their race. Color Charging a higher rent or selling price to someone because of their skin color. Religion Making housing unavailable to someone because of their religion. Sex Harassing someone because of their sex. Familial Status Refusing to rent to a family with children. National Origin Charging a higher security deposit to someone because of their national origin. Disability Refusing to make reasonable accommodations for someone with a disability. Tenant Screening Process Landlords have the right to select tenants who will be a good fit for their property and community. The tenant screening process helps landlords assess potential tenants’ credit history, rental history, criminal background, and income. This process helps landlords make informed decisions about who to rent to and minimizes the risk of problems down the road. Background Check Credit history: Landlords will check a potential tenant’s credit history to assess their ability to pay rent on time and in full. Rental history: Landlords will contact a potential tenant’s previous landlord(s) to inquire about the tenant’s payment history, compliance with lease terms, and any damage they may have caused to the property. Criminal background: Landlords may run a criminal background check on a potential tenant to assess their suitability for tenancy. Landlords are not allowed to discriminate against tenants based on their criminal history, but they can deny tenancy to someone convicted of a crime that would pose a risk to other tenants or the property. Income Verification Landlords will verify a potential tenant’s income to ensure they have sufficient income to cover the rent and other living expenses. References Landlords may ask for personal and professional references from a potential tenant to corroborate the information provided in the application and to gain insights into the tenant’s character and behavior. Conversation Landlords may engage in a conversation with a potential tenant to assess their communication skills, demeanor, and overall suitability for the property. Screening Criteria Purpose Credit history To assess a potential tenant’s ability to pay rent on time and in full Rental history To inquire about a potential tenant’s payment history, compliance with lease terms, and any damage they may have caused to the property Criminal background To assess a potential tenant’s suitability for tenancy Income verification To ensure a potential tenant has sufficient income to cover the rent and other living expenses References To corroborate information provided in the application and gain insights into a potential tenant’s character and behavior Conversation To assess a potential tenant’s communication skills, demeanor, and overall suitability for the property Landlord’s Right to Select Tenants Overview: In general, landlords have the right to select tenants based on certain criteria and considerations. While they must comply with fair housing laws, they can consider factors such as income, credit history, rental history, and criminal background to assess the suitability of potential renters. Criteria for Tenant Selection Income: Landlords often require prospective tenants to earn a certain amount of income, typically equal to or more than 2-3 times the monthly rent, to ensure they can afford the rent payments. Credit History: Landlords may check credit reports to assess an applicant’s financial responsibility and ability to make timely payments. Rental History: Previous rental history can provide insights into a tenant’s payment habits, compliance with lease terms, and overall behavior as a renter. Criminal Background: Some landlords conduct criminal background checks to assess whether an applicant has a history of criminal activity that might pose a risk to other tenants or the property. Fair Housing Laws and Tenant Selection While landlords have the right to select tenants, they must comply with fair housing laws that prohibit discrimination based on protected characteristics such as race, color, religion, national origin, sex, familial status, or disability. Protected Characteristic Example of Discrimination Race Refusing to rent to someone based on their race or national origin Color Denying housing to someone because of their skin color Religion Rejecting an applicant because of their religious beliefs or practices National Origin Discriminating against someone based on their country of origin or ancestry Sex Refusing to rent to someone because of their gender or sexual orientation Familial Status Discriminating against someone with children or families Disability Denying housing to someone with a disability Note: These are just examples, and fair housing laws may vary depending on the jurisdiction. Additional Considerations for Tenant Selection Beyond the criteria mentioned above, landlords may also consider other factors when selecting tenants, such as: Occupancy Limits: They may have policies regarding the maximum number of occupants allowed in a unit. Pets: Some landlords allow pets, while others have restrictions or prohibitions on certain types or sizes of animals. Smoking: Landlords may have policies regarding smoking or non-smoking units. Insurance: They may require tenants to obtain renter’s insurance to protect their personal belongings and the property. Conclusion While landlords have the right to select tenants, they must comply with fair housing laws and consider relevant factors to make informed decisions. By doing so, they can create a safe and harmonious living environment for all tenants. Alright folks, that’s all we have for you today on the topic of landlord’s tenant selection rights. Remember, just because a landlord can do something doesn’t mean they should. If you’re ever unsure about your rights as a tenant or a landlord, it’s always best to consult with an attorney. Thanks for reading, and be sure to check back again soon for more informative and engaging content. Until next time, keep those rental agreements fair and those evictions to a minimum!