Generally, landlords are allowed to deny an application if an applicant does not meet their criteria. These criteria can include credit score, criminal background, income, rental history, employment status, and occupancy standards. However, it is against the law for landlords to discriminate against applicants based on race, gender, national origin, religion, familial status, or disability. If an applicant feels that they have been discriminated against, they can file a complaint with the Department of Housing and Urban Development (HUD) or a local fair housing agency.
Fair Housing Laws
Discrimination in housing is illegal under federal, state, and local laws. These laws protect people from being discriminated against because of their race, color, religion, national origin, sex, familial status, or disability.
Landlords are prohibited from:
- Refusing to rent or sell housing to someone because of their protected characteristic.
- Making different terms and conditions of housing available to someone because of their protected characteristic.
- Harassing or intimidating someone because of their protected characteristic.
Exceptions to Fair Housing Laws
There are a few exceptions to fair housing laws. For example, landlords may:
- Rent to people over a certain age in senior housing.
- Rent to families with children in family housing.
- Require that tenants meet certain income or credit requirements.
What to Do If You’re Discriminated Against
If you believe you’ve been discriminated against in housing, you can file a complaint with the Department of Housing and Urban Development (HUD). HUD will investigate your complaint and may take action against the landlord if they find that discrimination has occurred.
Table of Protected Characteristics Under Fair Housing Laws
| Characteristic | Examples of Discrimination |
|---|---|
| Race | Refusing to rent to someone because of their race. |
| Color | Refusing to sell a house to someone because of their skin color. |
| Religion | Harassing a tenant because of their religion. |
| National Origin | Making different terms and conditions of housing available to someone because of their national origin. |
| Sex | Refusing to rent to a single mother. |
| Familial Status | Refusing to rent to a family with children. |
| Disability | Refusing to make reasonable accommodations for a tenant with a disability. |
Exceptions to Fair Housing Laws
Landlords have the right to choose who they rent their properties to, but there are certain reasons for which they cannot reject an application. These reasons are outlined in Fair Housing Laws, which were put in place to prevent discrimination based on race, color, religion, national origin, sex, familial status, and disability.
Exceptions
- Criminal History: Landlords can deny an application if the applicant has been convicted of certain crimes, such as violent felonies or drug offenses.
- Credit History: Landlords can deny an application if the applicant has a poor credit history, as this may indicate a risk of not paying rent.
- Rental History: Landlords can deny an application if the applicant has a history of evictions or non-payment of rent.
- Income: Landlords can deny an application if the applicant’s income is insufficient to cover the rent.
- Occupancy Standards: Landlords can deny an application if the number of people living in the unit would violate occupancy standards.
- Pets: Landlords can deny an application if the applicant has pets that are not allowed in the building.
| Type of Information | When Required |
|---|---|
| Lead-Based Paint | Before a lease is signed |
| Security Deposit | At the time of application |
| Move-In Costs | At the time of application |
| Late Fees | Before a lease is signed |
| Pet Fees | Before a lease is signed |
Landlords must make reasonable accommodations for people with disabilities and must allow service animals, even if the building has a no-pets policy.
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). HUD will investigate the complaint and may take action against the landlord, such as imposing fines or ordering them to change their policies.
Landlord’s Responsibilities
Landlords have a responsibility to ensure that they are not discriminating against potential tenants based on certain protected characteristics. These protected characteristics may vary depending on the location and jurisdiction, but generally include things like race, religion, gender, familial status, and disability. Landlords are also responsible for ensuring that their rental properties are safe and habitable, and that they comply with all applicable housing laws and regulations.
Avoiding Discrimination
- Landlords should not ask questions about a potential tenant’s protected characteristics when screening applications.
- They should also use a consistent set of criteria to evaluate all applications, and should not make decisions based on stereotypes or assumptions about certain groups of people.
- If a landlord denies an application, they must be able to provide a legitimate, non-discriminatory reason for doing so.
Ensuring Safety and Habitability
- Landlords are responsible for ensuring that their rental properties are safe and habitable. This includes making sure that the property is free from hazards such as lead paint, asbestos, and mold, and that it has adequate heating, plumbing, and electrical systems.
- Landlords are also responsible for making any necessary repairs to the property in a timely manner.
Complying with Housing Laws and Regulations
- Landlords are required to comply with all applicable housing laws and regulations. This includes things like licensing requirements, rent control regulations, and fair housing laws.
- Landlords who violate these laws and regulations may be subject to fines, penalties, or even criminal charges.
| Reason | Explanation |
|---|---|
| Incomplete or inaccurate application | The application was missing required information or contained false information. |
| Poor credit history | The applicant had a history of late or missed payments on rent or other bills. |
| Criminal record | The applicant had been convicted of a crime that the landlord considers to be a risk to the safety of other tenants. |
| Eviction history | The applicant had been previously evicted from a rental property. |
| Insufficient income | The applicant’s income was not enough to cover the rent and other expenses. |
| Unfavorable references | The applicant’s references provided negative information about their character or rental history. |
Tenant’s Rights
When a landlord is considering an application for tenancy, they have certain responsibilities towards the prospective tenant. These include the following:
- Non-Discrimination: Landlords cannot discriminate against applicants on the basis of race, color, religion, national origin, sex, familial status, or disability.
- Truthful Advertising: Landlords must provide accurate and truthful information about the rental property in their advertisements.
- Fair Renting Practices: Landlords must follow fair renting practices when considering applications. This includes considering applicants on a first-come, first-served basis, and not requiring excessive security deposits or application fees.
- Equal Opportunity: Landlords must give all applicants an equal opportunity to rent the property. This includes allowing applicants to inspect the property, submit an application, and be considered for tenancy.
If a landlord rejects an application for tenancy, they must provide the applicant with a written notice. The notice must state the reason for the rejection. If the applicant believes that they have been discriminated against, they can file a complaint with the appropriate government agency.
Tenant’s Rights
| Right | Explanation |
|---|---|
| Right to Non-Discrimination | Landlords cannot discriminate against applicants based on race, color, religion, national origin, sex, familial status, or disability. |
| Right to Truthful Advertising | Landlords must provide accurate and truthful information about the rental property in their advertisements. |
| Right to Fair Renting Practices | Landlords must follow fair renting practices when considering applications. This includes considering applicants on a first-come, first-served basis, and not requiring excessive security deposits or application fees. |
| Right to Equal Opportunity | Landlords must give all applicants an equal opportunity to rent the property. This includes allowing applicants to inspect the property, submit an application, and be considered for tenancy. |
| Right to a Reason for Rejection | If a landlord rejects an application for tenancy, they must provide the applicant with a written notice stating the reason for the rejection. |
Thank you for taking a few minutes to learn more about landlord’s rights. I know you have a lot going on, so I really appreciate you choosing to spend some time with me. If you still have questions, feel free to head over to my website, on which you can find a comprehensive Q&A section, plenty of additional blog posts, and information about my consultation services. If you are facing a challenging situation with a landlord or tenant, please reach out. I’m always happy to help in any way I can. And be sure to check back often for more insights and updates!