Fair Housing Laws: What You Can and Cannot Ask
By PropsManager Team | Dec 17, 2025
Fair Housing Laws: What You Can and Cannot Ask
The Fair Housing Act (FHA) prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability.
Illegal Questions
- "Do you go to the church down the street?" (Religion)
- "Where are you originally from?" (National Origin)
- "Do you plan on having kids?" (Familial Status)
- "Are you married?" (Sex/Familial Status)
- "Do you have a service dog?" (Disability - you can ask if the animal is required for a disability, but be careful).
What You CAN Ask
Focus on the criteria related to tenancy:
- "What is your monthly income?"
- "Can you provide proof of employment?"
- "Do you have a criminal record?" (Check local "Ban the Box" laws).
- "How many people will be living in the unit?" (To enforce occupancy limits, usually 2 per bedroom).
Conclusion
Treat every applicant exactly the same. Have a written criteria list and stick to it.