Fair Housing Laws: What Landlords Can and Cannot Ask Tenants (2026 Guide)

By PropsManager Team · Legal & Compliance · Feb 17, 2026

Fair housing violations are among the most expensive mistakes a landlord can make. A single discrimination complaint can result in tens of thousands of dollars in fines, legal fees, and settlement costs — even if you did not intend to discriminate. The U.S. Department of Housing and Urban Development (HUD) received over 30,000 fair housing complaints in a recent year, and the penalties continue to increase.

The challenge for landlords is that fair housing law is nuanced. Some questions that seem perfectly reasonable in casual conversation are actually illegal to ask during the rental screening process. And some practices that seem neutral on the surface can be deemed discriminatory in their effect.

This guide breaks down everything you need to know: the federal protected classes, how state and local laws expand protections, what you can and cannot ask, and how to build a screening process that is both thorough and legally compliant.

The Fair Housing Act: Foundation of Federal Protection

The Fair Housing Act (FHA) was enacted in 1968 as Title VIII of the Civil Rights Act. It has been amended several times, most significantly in 1988 to add familial status and disability as protected classes.

The Seven Federal Protected Classes

Under the FHA, it is illegal to discriminate in housing based on:

1. Race — includes all racial groups
2. Color — distinct from race; refers to skin pigmentation
3. National origin — the country where a person was born or their ancestry
4. Religion — all religious beliefs, practices, and affiliations (or lack thereof)
5. Sex — includes gender identity and sexual orientation (per the 2021 HUD memo interpreting the Supreme Court's Bostock v. Clayton County decision)
6. Familial status — families with children under 18, pregnant women, and people in the process of adopting or gaining custody of children
7. Disability — physical or mental impairments that substantially limit one or more major life activities

What "Discrimination" Means in Practice

Fair housing discrimination is not limited to overt bigotry. It includes:

• Disparate treatment — treating applicants differently based on a protected class (e.g., requiring higher income from minority applicants)
• Disparate impact — applying a neutral policy that disproportionately affects a protected class (e.g., a blanket ban on anyone with a criminal record may disproportionately affect certain racial groups)
• Steering — directing applicants toward or away from certain properties based on protected characteristics
• Advertising discrimination — using language in listings that signals preference or exclusion (e.g., "perfect for young professionals" implies age discrimination, "great for Christian families" implies religious discrimination)
• Retaliation — taking adverse action against someone who filed a fair housing complaint

State and Local Protections: Beyond the Federal Seven

Many states and municipalities add protected classes beyond the federal seven. These additional protections vary by location but commonly include:

Critical point: You must comply with the most protective law that applies to your property. If your state adds "source of income" as a protected class, you cannot refuse to rent to a Section 8 voucher holder simply because you prefer not to participate in the program.

Check your state and local fair housing agency websites for the specific protections that apply to your properties.

Questions You Cannot Ask: The Illegal Questions List

During any interaction with a prospective tenant — showings, phone calls, application reviews, or casual conversation — the following questions are illegal or legally dangerous:

Religion

• "Do you attend the church down the street?"
• "What religion are you?"
• "Do you observe any religious holidays?"
• "Is that a religious head covering?"

Even casual, seemingly friendly questions about religion during a showing can be used as evidence of discriminatory intent.

National Origin / Race / Ethnicity

• "Where are you originally from?"
• "What country were you born in?"
• "That's an interesting accent — where is it from?"
• "Are you a U.S. citizen?" (in most jurisdictions)
• "What language do you speak at home?"
• "What is your ethnic background?"

You may verify identity and legal authorization to enter a lease, but you cannot probe national origin or ethnicity.

Familial Status

• "Do you have children?"
• "Are you pregnant?"
• "Are you planning to have kids?"
• "How old are your children?"
• "Who will be babysitting?"
• "This building isn't really suitable for children."

You can ask "How many people will be living in the unit?" to enforce reasonable occupancy limits (typically based on the HUD guideline of 2 persons per bedroom), but you cannot ask specifically about children.

Sex / Gender / Sexual Orientation

• "Are you married?"
• "Are you and your roommate a couple?"
• "What is your gender identity?"
• "Are you male or female?" (unless using a standard identification form)

Disability

• "Do you have a disability?"
• "What is your medical condition?"
• "Why do you need a wheelchair?"
• "Are you mentally ill?"
• "Do you have HIV/AIDS?"
• "How did you become disabled?"

You cannot ask about the nature or severity of a disability. Period. Even if the question seems relevant to the tenancy, it is illegal.

Service Animals and Emotional Support Animals

This is an area where many landlords get in trouble. Here is what you can and cannot do:

You CAN ask:

• "Is this animal required because of a disability?" (yes or no)
• "What disability-related task does the animal perform?" (for service animals)
• For emotional support animals, you can request a letter from a licensed health professional

You CANNOT ask:

• "What is your disability?"
• "Can you prove you're disabled?"
• "What breed is the animal?" (for service animals — breed restrictions do not apply to assistance animals)
• You cannot charge a pet deposit or pet rent for service animals or emotional support animals

Even if your property has a no-pet policy, you must make a reasonable accommodation for service animals and emotional support animals.

Questions You CAN and SHOULD Ask

Effective tenant screening is not just legal — it is essential. The key is that your questions must relate to the applicant's ability to fulfill the obligations of the lease, applied consistently to every applicant.

Income and Employment

• "What is your current monthly income?"
• "Where are you employed?"
• "Can you provide recent pay stubs, W-2s, or tax returns?"
• "Do you have a co-signer?" (if income is insufficient — see our guide on screening co-signers)
• "Are you self-employed? If so, can you provide tax returns?"

Industry standard: require income of at least 3x the monthly rent. Apply this standard to every applicant equally.

Rental History

• "Where do you currently live?"
• "What is your current landlord's name and contact information?"
• "Have you ever been evicted?"
• "Have you ever broken a lease?"
• "What is your reason for leaving your current residence?"

Always verify rental history by contacting previous landlords directly. Ask about payment history, property care, and whether the tenant provided proper notice. Learn how to verify rental history effectively.

Credit and Financial History

• "Do you authorize a credit check?"
• "Do you have any outstanding debts or judgments?"
• "Have you ever filed for bankruptcy?"

A credit check is one of the most objective tools in your screening arsenal. Set a minimum credit score threshold and apply it consistently. Many landlords use 620–650 as a floor, though this varies by market.

Criminal Background

• "Do you authorize a criminal background check?"

Important nuances:

• "Ban the Box" laws in many cities and states prohibit asking about criminal history on the initial application — you can only check after a conditional offer
• HUD guidance states that blanket bans on all criminal records may violate fair housing rules due to disparate impact
• Focus on convictions (not arrests) that are directly relevant to tenancy — drug manufacturing, violent crimes, property destruction
• Consider the nature of the offense, how long ago it occurred, and evidence of rehabilitation

Occupancy

• "How many people will reside in the unit?"
• "Will all occupants be listed on the lease?"

You can enforce reasonable occupancy limits. The generally accepted federal guideline is 2 persons per bedroom, though local ordinances may differ.

Pets

• "Do you have any pets?"
• "What type and breed? How many?"
• "How much does the pet weigh?"

This is legal because pet ownership is not a protected class (except in the case of service/assistance animals, which are not pets under the law).

Building a Legally Compliant Screening Process

1. Create Written Screening Criteria

Before you list a property, document your screening criteria in writing:

• Minimum credit score: ___
• Minimum income requirement: ___ x monthly rent
• Eviction history policy: ___
• Criminal background policy: ___
• Rental history requirements: ___
• Pet policy: ___
• Occupancy limits: ___

This document protects you by proving that you apply the same standards to every applicant. If you are ever challenged, you can point to your written criteria and show that every applicant was evaluated identically.

2. Use Standardized Application Forms

Every applicant should fill out the same application form with the same questions. Do not add extra questions for some applicants and not others. Using a platform like PropsManager ensures consistency by providing standardized digital application forms for every listing.

3. Document Your Decisions

For every application you receive, document:

• The date received
• The screening criteria applied
• The reason for approval or denial
• Any communications with the applicant

If you deny an applicant, send a written adverse action notice that includes:

• The specific reason for denial (e.g., "credit score below minimum threshold of 650")
• The name and contact information of the screening service used
• Notice of the applicant's right to obtain a free copy of their report and dispute inaccuracies

4. Apply Criteria Consistently

If you require a 650 credit score for one applicant, you must require it for all applicants for that property. If you waive the income requirement for one prospective tenant, you open yourself to claims that you applied standards selectively.

Consistency is your strongest defense against discrimination claims.

5. Train Anyone Involved in Leasing

If you have employees, property managers, or maintenance staff who interact with prospective tenants, they need fair housing training. A maintenance worker making an offhand comment during a showing can create liability for you.

Common Fair Housing Mistakes Landlords Make

"I Just Prefer Certain Tenants"

Personal preference is not a legally valid screening criterion. "I just feel more comfortable renting to [type of person]" is exactly the kind of subjective decision-making that fair housing laws were designed to prevent.

Steering Based on Family Status

Suggesting that a family with children would "be happier" in a ground-floor unit, or that a particular neighborhood is "better for families," is steering — even if you think you are being helpful. Let the applicant choose their unit.

Selective Advertising

Listing a property as "perfect for quiet professionals" or "ideal for a single person" may seem like marketing, but it signals exclusion. Describe the property features, not the ideal tenant.

Inconsistent Application of Rules

Allowing one tenant to have pets but denying another, or waiving the security deposit for some applicants but not others, creates evidence of differential treatment. If there is a pattern that correlates with a protected class, you have a problem.

Discriminatory Occupancy Standards

Setting an occupancy limit of "1 person per bedroom" may violate fair housing rules because it disproportionately impacts families with children. The HUD guideline of 2 per bedroom is generally safe, but local standards may differ.

What to Do If You Receive a Fair Housing Complaint

1. Do not retaliate — retaliation is itself a fair housing violation and will make your situation significantly worse
2. Consult an attorney immediately — fair housing cases are complex, and early legal guidance is essential
3. Preserve all records — do not delete emails, text messages, applications, or any other communications related to the complaint
4. Respond to the complaint within the required timeframe — ignoring a complaint does not make it go away
5. Review your practices — even if you believe the complaint is unfounded, use it as an opportunity to audit your screening process

Penalties for Fair Housing Violations

These are just the financial penalties. You may also face injunctive relief (forced to rent to the applicant you rejected), required fair housing training, and monitoring of your future rental practices.

How Technology Helps with Fair Housing Compliance

Using property management software can actually reduce your fair housing risk by:

• Standardizing applications — every applicant gets the same form with the same questions
• Automating screening — credit checks and background checks are run through the same service with the same criteria
• Creating paper trails — all communications and decisions are documented automatically
• Ensuring consistent policies — late fees, lease terms, and application requirements are applied uniformly

PropsManager provides these tools in a single platform, helping you maintain consistent, documented, and legally defensible screening practices across your entire portfolio.

Explore More PropsManager Resources

Looking for the right property management software? Check out our in-depth guides:

• Compare Property Management Software — See how PropsManager stacks up against Buildium, AppFolio, Rent Manager, and Propertyware.
• Software for Small Landlords — Built for landlords managing 1–50 units without the enterprise price tag.
• AI-Powered Property Management — Discover how automation can save you 5–10 hours per week.
• Solutions for Property Managers — Scale from 50 to 500+ units without scaling your costs.

Frequently Asked Questions

Can I refuse to rent to someone with a criminal record?

You can consider criminal history, but a blanket ban on all applicants with any criminal record can violate fair housing rules due to disparate impact. HUD guidance recommends considering the nature of the crime, how much time has passed, and whether it poses a direct threat to persons or property. Focus on convictions (not arrests) and crimes directly relevant to tenancy.

Am I required to accept Section 8 vouchers?

At the federal level, no — source of income is not a federal protected class. However, many states and cities (including California, New York, New Jersey, Oregon, and Washington, D.C.) have laws requiring landlords to accept voucher holders. Check your local laws.

Can I have a "no children" policy?

No. Familial status is a federal protected class. You cannot refuse to rent to families with children, set different terms for families, or advertise a preference for adults-only tenants. The only exception is qualified senior housing (55+ communities meeting specific legal requirements).

What if I am renting a room in my own home?

The "Mrs. Murphy exemption" in the FHA allows owner-occupied buildings with four or fewer units to be exempt from some fair housing provisions. However, state and local fair housing laws often do not include this exemption, and the exemption never applies to advertising — you still cannot publish discriminatory ads.

Can I ask about immigration status?

Generally, you can verify that an applicant has legal documentation to enter a contract, but you cannot discriminate based on national origin or citizenship status. In some jurisdictions (like California and New York City), asking about immigration status is explicitly prohibited. Focus on the applicant's ability to provide proper identification and meet your financial screening criteria.

How do I handle a request for a reasonable accommodation?

If a tenant or applicant with a disability requests a modification to your rules, policies, or physical premises, you must engage in an interactive process. This might include allowing an assistance animal in a no-pet building, providing a reserved parking space, or allowing a tenant to install a grab bar. You can request documentation that the person has a disability and that the accommodation is related to that disability, but you cannot ask about the nature or severity of the disability itself.

Conclusion

Fair housing compliance is not just about avoiding lawsuits — it is about running an ethical, professional rental business. The landlords who get in trouble are usually not overtly bigoted; they are uninformed, inconsistent, or careless with their screening process.

The formula for compliance is straightforward: create written screening criteria, apply them identically to every applicant, document every decision, and never ask questions that probe into protected characteristics. Use technology to enforce consistency, and train anyone involved in your leasing process.

Ready to build a screening process that is thorough, consistent, and legally defensible? Request a demo of PropsManager and see how standardized applications, automated screening, and complete documentation can protect your rental business.