Landlords sometimes have reasons to not rent to potential tenants. For example, they may have a policy against renting to people with bad credit or criminal records. They may also refuse to rent to people who have been disruptive or damaging to property in the past. In some cases, landlords may also refuse to rent to people based on their marital status, familial status, or veteran status. However, there are laws that protect people from being discriminated against because of their race, national origin, religion, sex, or disability.
Unlawful Discrimination
Federal, state, and local laws prohibit landlords from discriminating against potential tenants based on certain characteristics. Some common examples of unlawful discrimination include:
- Race or color
- National origin or ancestry
- Religion or creed
- Sex or gender
- Familial status (such as having children)
- Disability or handicap
- Age
- Marital status
- Sexual orientation or gender identity
Landlords cannot refuse to rent to someone based on any of these characteristics. If you believe you have been discriminated against, you can file a complaint with the appropriate government agency.
| State | Agency | Website |
|---|---|---|
| California | California Department of Fair Employment and Housing | https://www.dfeh.ca.gov/ |
| Florida | Florida Commission on Human Relations | https://www.fchr.state.fl.us/ |
| New York | New York State Division of Human Rights | https://dhr.ny.gov/ |
| Texas | Texas Department of Housing and Community Affairs | https://www.tdhca.state.tx.us/ |
State and Local Laws Governing Landlord Refusal to Rent
In the United States, landlords are generally prohibited from discriminating against potential tenants based on certain protected characteristics, such as race, color, religion, national origin, sex, familial status, and disability. These protections are provided by federal, state, and local laws. In addition to these protected characteristics, some states and localities have additional laws that prohibit landlords from discriminating against tenants based on other factors, such as their source of income, marital status, or sexual orientation.
Federal Laws
- The Fair Housing Act (FHA) is the primary federal law that prohibits discrimination in housing. The FHA prohibits landlords from discriminating against tenants based on race, color, religion, national origin, sex, familial status, and disability.
- The Equal Credit Opportunity Act (ECOA) prohibits lenders from discriminating against borrowers based on race, color, religion, national origin, sex, marital status, age, or because the borrower receives public assistance.
State and Local Laws
Many states and localities have passed their own fair housing laws that provide additional protections for tenants. These laws may prohibit landlords from discriminating against tenants based on factors such as their source of income, marital status, sexual orientation, or gender identity.
The following table provides a summary of the state and local laws that prohibit landlords from refusing to rent to someone based on certain protected characteristics.
| State/Locality | Protected Characteristics |
|---|---|
| California | Race, color, religion, national origin, sex, marital status, familial status, disability, source of income, sexual orientation, gender identity, and age |
| New York | Race, color, religion, national origin, sex, familial status, disability, source of income, marital status, sexual orientation, and gender identity |
| Illinois | Race, color, religion, national origin, sex, marital status, familial status, disability, source of income, and sexual orientation |
| Washington | Race, color, religion, national origin, sex, marital status, familial status, disability, source of income, sexual orientation, and gender identity |
| Pennsylvania | Race, color, religion, national origin, sex, familial status, disability, source of income, and sexual orientation |
Conclusion
Landlords are generally prohibited from discriminating against potential tenants based on certain protected characteristics, such as race, color, religion, national origin, sex, familial status, and disability. These protections are provided by federal, state, and local laws. In addition to these protected characteristics, some states and localities have additional laws that prohibit landlords from discriminating against tenants based on other factors, such as their source of income, marital status, or sexual orientation.
No-Gos for Landlords: Refusing to Rent
Landlords are not allowed to discriminate against potential tenants based on certain characteristics. These are protected classes, and turning someone away based on one of these factors is against the law.
The protected classes include:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
In addition to these protected classes, there are also some reasonable criteria that landlords can use to screen tenants.
Reasonable Criteria
- Income
- Credit score
- Rental history
- Criminal background
- Pet ownership
A landlord can use these criteria to help them make a decision about whether or not to rent to someone.
| Criteria | What to Consider |
|---|---|
| Income | Make sure the tenant has a steady job and can afford the rent. |
| Credit Score | A good credit score shows that the tenant is responsible with money. |
| Rental History | A good rental history shows that the tenant has been a responsible renter in the past. |
| Criminal Background | Landlords can consider a tenant’s criminal background, but they cannot discriminate against someone based on a criminal record. |
| Pet Ownership | Landlords can have pet policies, but they cannot discriminate against tenants with service animals. |
Landlords must be careful not to use any of these criteria in a discriminatory way. If a landlord is found to be discriminating against a tenant, they could face legal consequences.
Common Scenarios of Discrimination
- Disability
- Familial Status
- Gender/Pregnancy
- Race/Nationality
- Religion
Responsibility to Provide Reasonable Accommodations
A landlord has a legal obligation to make reasonable accommodations for tenants with disabilities so that they can access and enjoy their housing. This can include:
- Allowing a tenant to keep a service animal
- Installing grab bars in the bathroom
- Providing accessible parking
- Lowering cabinets or countertops
- Installing a ramp for a wheelchair-accessible entrance
Landlords are not required to make accommodations that would cause an undue hardship, but they must work with tenants to find a solution that meets their needs.
Limits of Reasonable Accommodations
There are some limits to what a landlord is required to do to provide reasonable accommodations. For example, a landlord is not required to:
- Make modifications that would fundamentally alter the nature of the housing
- Make modifications that would create a direct threat to the health or safety of others
- Make modifications that would impose an undue financial or administrative burden
Examples of Reasonable Accommodations
| Disability | Reasonable Accommodation |
| Visual impairment | Installation of grab bars in the bathroom |
| Hearing impairment | Installation of a smoke alarm with a flashing light |
| Mobility impairment | Installation of a wheelchair ramp |
| Mental illness | A landlord may be required to provide a quiet and safe environment for a tenant with a mental illness |
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