The Fair Housing Act has important implications for the tenant screening process that landlords and property managers must be aware of. Screening applicants for rentals is permitted to assess if they will be able to pay rent reliably and properly maintain the property. However, the screening procedures and criteria used cannot discriminate against races, colours, national origins, religions, sexes, families with children under 18, or individuals with disabilities - the protected classes under the Fair Housing Act.
Landlords cannot deny applicants or treat them differently on the basis of belonging to a protected class. There cannot be blanket bans against renting to families with kids or to individuals of certain ages or disabilities. Each applicant must be evaluated on their own merits and landlords and screening service providers must apply screening criteria uniformly. For example, credit score requirements should be applied consistently across applicants rather than targeting groups covered by the Fair Housing Act protections.
Rental applications also cannot ask questions that discriminate by inquiring about an applicant's race, whether they have children, their religion, marital status or other protected traits. Arrest records should also be avoided and conviction records checked instead to avoid inadvertently discriminating. Furthermore, reasonable accommodations must be made in the application process if needed by applicants with disabilities, such as providing documents in large print or allowing translator services.
While screening allows landlords to assess if an applicant can pay the rent and properly maintain the unit, it must be done responsibly and without violating the Fair Housing Act protections.