What kind of questions can you ask on a rental application?

Outside of prohibited questions, you’re usually safe if you apply the same standards to everyone who submits a rental application. The easiest and least expensive way of doing this is to ask them to name references on the application: employer, past landlord, and one or more personal contacts.

Can a landlord refuse to rent if you have a criminal record?

PLEASE NOTE: A Memo from the Dept. of Housing and Urban Development (4/4/16) Says Denying Applicants due to Criminal History may be discrimination ( more information here ). Landlords should exercise caution pending enforcement of new rules ( here is some information for landlords about this memo ).

Can a landlord discriminate against a tenant?

But keep in mind that you can’t discriminate against a person because they have been convicted of a crime in many states, including California. The crime would have to influence their ability to be a good tenant, such as an illegal drug conviction or a history of violent offenses that could put other tenants at risk.

Is it legal to ask all tenants the same questions?

Set a list of questions that you’ll ask everyone. You can be accused of discrimination if you don’t follow the exact same procedures for everyone. For example, while it’s perfectly legal to perform credit checks on tenants as long as they give their consent, you can’t perform credit checks only on certain groups of people.

When does a landlord discriminate against a tenant?

If a landlord says she does not like leases or she does not like housing authority leases, she may be illegally discriminating. It may also be discrimination if the landlord refuses to take payments (called vendor payments) from the Department of Transitional Assistance.

Is it illegal to discriminate in the rental market?

It is illegal under state law to discriminate in renting housing because a person receives some form of public assistance, including welfare, medical assistance, or rental assistance. It is also illegal to discriminate against a person because of the requirements of these programs.

Can a landlord discriminate against mrs.murphy?

The law states that landlords cannot discriminate against an applicant in a protected class. In other words, the Fair Housing Act prohibits landlords from gathering and using certain information as a basis for selecting a tenant. What Is The Mrs. Murphy Exemption?

Can a landlord refuse to rent to someone with a criminal history?

Landlords have the right to deny an application based on a person’s criminal history, in accordance with the federal law. Many of the guidelines support landlords in refusing to rent to those with specific criminal backgrounds such as drug manufacturing and dealing, sex crimes and violent crimes.

Can a landlord ask questions during an interview?

While landlords are entitled to ask business-related questions on a rental application or during an interview, there is an important hitch: They should subject all applicants to the identical set of basic questions.

What is on the Don’t Ask list for landlords?

Religion is also on the don’t ask list. A landlord’s inclusion of this type of question on the rental application, or even a casual mention during an introductory conversation, could violate the FHA and expose the landlord to a fair housing complaint.

Can a landlord ask for personal information on an application?

A landlord’s inclusion of this type of question on the rental application, or even a casual mention during an introductory conversation, could violate the FHA and expose the landlord to a fair housing complaint. Landlords must also be aware that their actions and advertising could lead to fair housing complaints.

What kind of questions can a landlord ask on a rental application?

Federal, state, and local laws prevent landlords from asking certain questions on rental applications. When landlords ask potential renters to fill out rental applications, there are certain questions they aren’t legally allowed to ask.

Can a landlord ask about a tenant’s race?

When a landlord hands out a rental application, it can’t include a question about the race of the applicant. Under federal antidiscrimination law (specifically the federal Fair Housing Act (FHA), 42 U.S. Code §§ 3601-3619, 3631 ), landlords may not discriminate against prospective tenants and current tenants based on their race.

Can a landlord ask for your criminal history?

Landlords in D.C. cannot ask applicants about their criminal history until a conditional offer of housing is made. And, landlords in D.C. must adopt a criminal background screening policy that would individually assess applicants with criminal convictions, rather than have a policy of renting to anyone with a criminal record. 7. Are you disabled?