Maya Chen
Landlords can refuse to rent to tenants for a wide range of reasons, including income, employment history, rental history, and criminal background. While landlords can legally set their own criteria for tenants, they must abide by antidiscrimination laws. For example, in the United States, the federal Fair Housing Act protects against discrimination based on race, colour, national origin, religion, sex, familial status, disability, and sexual orientation. State and local laws may also impact a landlord's ability to refuse tenancy, and tenants who feel they have been discriminated against can file a complaint with the local housing authority.
| Characteristics | Values |
|---|---|
| Income | Landlords can refuse tenants who cannot show adequate income. However, they cannot reject based on the source of income. |
| Employment History | Landlords may refuse tenants based on their employment history. |
| Criminal Background | Landlords may refuse tenants based on their criminal background, depending on the crime, the time since conviction, and the nature and severity of the crime. However, many city and state laws protect individuals convicted of a crime. |
| Rental History | Landlords may refuse tenants based on their rental history, including eviction history, late payments, violation of lease terms, or security deposit-related damages. |
| Honesty | Landlords may refuse tenants who are not honest in their rental applications or do not finish their applications. |
| Pets | Landlords can refuse tenants who own pets, except in the case of service animals. |
| Smoking | Landlords can refuse tenants who smoke. |
| Number of Occupants | Landlords can limit the number of occupants for health and safety or legitimate business reasons. |
| Discrimination | Landlords cannot reject tenants based on race, color, national origin, religion, sex, familial status, disability, or sexual orientation. Some states include broader protections, such as income source, gender identity, marital status, and sexual orientation. |
Explore related products
What You'll Learn
Criminal background
Landlords can refuse a potential tenant for a broad range of reasons, and many of the most common reasons for refusal become apparent during the tenant screening process. Criminal background is one of the more complicated valid reasons for tenancy refusal. Landlords may or may not be able to reject a potential tenant based on their criminal background, depending on the crime and the amount of time since the conviction.
According to HUD guidance, housing providers need to consider the nature and severity of a crime and the amount of time that has passed to determine if the person would pose a direct threat to the health and safety of other residents. Housing providers should be able to show that a policy distinguishes accurately between past criminal conduct that signifies a demonstrable risk to the safety of other residents and/or property, and that which does not suggest such a risk. For example, a landlord should not make an exception to their policy of rejecting applicants with drug convictions. A mere arrest does not indicate guilt, and a person should not be denied housing based on an arrest without a conviction.
Some states prohibit or restrict landlords' inquiries about criminal histories. For example, Wisconsin landlords can choose between people based on criminal backgrounds, but they cannot discriminate on the basis of race, colour, religion, gender, national origin, mental or physical disability, familial status, age, sexual orientation, marital status, ancestry, lawful source of income, and being a victim of domestic violence.
Additionally, many city and state laws protect individuals convicted of a crime. It is a form of fair housing to protect individuals seeking housing after conviction. If a landlord rejects an applicant based on their criminal background, the applicant can ask for the reason for rejection in writing and request the landlord's criminal history screening policy. If the applicant feels that the reason isn’t valid or is unlawfully discriminatory, they can file a complaint with the local housing authority.
Lyft's Full-Size E-Scooter Rentals in California: What You Need to Know
You may want to see also
Explore related products
Credit score and income
Landlords can legally set whatever criteria they want for tenants, as long as it is reasonably related to their business needs and does not violate antidiscrimination laws. Landlords will often ask applicants about their income, employment history, credit and financial information, and rental history.
Credit Score
A landlord can request permission to run a credit check for the applicant. A low credit score and poor credit history are common reasons for landlords to reject a tenant application. If a landlord rejects an application due to information in a tenant screening report, they are required to notify the applicant of this fact. This notification is called an "adverse action notice". The Fair Credit Reporting Act provides tenants with certain rights, including the right to a free copy of the report if requested within 60 days of the adverse action and the right to dispute inaccurate information.
Income
Landlords can reject a tenant based on income amount, but they cannot reject them based on the source of income. Landlords will often use a rent-to-income ratio of one-to-three as a rule of thumb (i.e., rent should not be more than one-third of the tenant's income). A landlord can also set a minimum income requirement to ensure that the tenant can afford to pay rent.
Renters Insurance: Can It Cover Rent After Water Leaks?
You may want to see also
Explore related products
Rental history
Landlords can refuse a tenant for a broad range of reasons, and rental history is one of the factors they consider during the screening process. They may inquire about an applicant's income, employment history, criminal background, and rental history. If an applicant does not meet the predetermined standards or fails to complete the application honestly, a landlord may choose to refuse them.
A positive rental history can increase a tenant's chances of being accepted. It demonstrates a track record of timely rent payments, adherence to lease terms, and a responsible tenancy. Landlords value tenants who pay their rent on time, maintain the property, and have a harmonious relationship with their neighbours. A good rental history indicates a lower risk for the landlord and can set a tenant apart from other applicants.
On the other hand, a negative rental history may raise concerns for landlords. Eviction history, late payments, violation of lease terms, or security deposit claims for damages are red flags that may lead to tenancy refusal. Landlords want to avoid the time and cost associated with eviction proceedings, so they carefully evaluate an applicant's rental history to minimise this risk.
To ensure a smooth rental process, prospective tenants can take proactive measures. They can request and review their rental history report, identifying and addressing any inaccuracies. Additionally, applicants can provide detailed information during the screening process, including past addresses and references from previous landlords. By being transparent and honest, tenants can build trust with prospective landlords and increase their chances of securing a rental property.
Renting a Bus for Your Trip: A Simple Guide
You may want to see also
Explore related products
Discrimination laws
Landlords can refuse a potential tenant for a broad range of reasons, but they must not violate antidiscrimination laws. The Fair Housing Act is the set of laws associated with anti-discrimination laws for renters. It applies to all real estate transactions, including buying, renting, financing, and selling property. The Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.
The Fair Housing Act prohibits discrimination in housing because of race, colour, religion, sex, disability, familial status, or national origin. It also covers gender identity, income source, and sexual orientation in some states. The Act also makes it illegal to harass persons because of their protected characteristics, including forbidding sexual harassment. It is also illegal to threaten, coerce, intimidate, or interfere with anyone exercising a fair housing right.
Landlords can legally set whatever criteria they want for tenants as long as they are reasonably related to their business needs and do not violate antidiscrimination laws. For example, landlords can refuse to rent to smokers or disallow pets because these groups are not protected by antidiscrimination laws. Landlords can also limit the number of occupants for health and safety or legitimate business reasons.
In addition, landlords can ask for information on employment, income, credit and financial information, rental housing history, and criminal convictions. They may also ask for Social Security and driver's license numbers and, except in New York City, Colorado, and California, proof of legal residency in the United States. However, landlords cannot reject a rental applicant based on their source of income, as long as it is not from an illegal source.
Comcast Routers: Rent or Buy Your Own?
You may want to see also
Explore related products
Landlord's criteria
Landlords can refuse a potential tenant for a broad range of reasons, as long as they are reasonably related to their business needs and do not violate antidiscrimination laws. Here are some common criteria landlords use to screen potential tenants:
Income and Employment History
Landlords often set a minimum income requirement to ensure that tenants can afford to pay the rent. They may request information about a potential tenant's employment history and income sources to determine if they meet this requirement. While landlords can reject tenants based on income amount, they cannot discriminate based on the source of income, as long as it is legal.
Credit History
Landlords may request permission to run a credit check on applicants. A poor credit history or a record of non-payment of rent can be a valid reason for a landlord to refuse a rental application.
Rental History
Landlords often ask about a potential tenant's rental history to understand what to expect from them as a tenant. Those with a history of eviction, late payments, violation of lease terms, or damage to previous rentals may be considered higher-risk and potentially refused.
Criminal Background
Criminal background is a more complicated valid reason for tenancy refusal. Landlords may or may not be able to reject a potential tenant based on their criminal history, depending on the specific crime, the severity of the offence, and the time passed since the conviction.
Number of Occupants
Landlords can limit the number of occupants for health and safety reasons or legitimate business reasons. For example, if a rental's septic system can only accommodate a certain number of residents, the landlord may restrict the number of tenants accordingly.
Smoking and Pets
Landlords can refuse to rent to smokers or disallow pets as these groups are not protected by antidiscrimination laws. However, this does not apply to individuals with service animals, as they are not considered pets.
It is important to note that landlords cannot discriminate against potential tenants based on protected characteristics such as race, colour, national origin, religion, sex, familial status, disability, or sexual orientation. These protections are outlined in the federal Fair Housing Act and similar state-level legislation.
Pet Rent and Service Animal Licenses: What's the Deal?
You may want to see also
Frequently asked questions
Yes, but it depends on the circumstances. If a landlord's policy is to reject applicants with criminal backgrounds, it could violate the Fair Housing Act, as this would have a discriminatory effect on racial and ethnic minorities due to the racial disparities in the criminal justice system. Landlords must consider the nature and severity of the crime and the time that has passed since the conviction. If the individual would pose a direct threat to the health and safety of other residents, they can be rejected.
Yes, landlords can reject applicants if they reasonably conclude that they cannot afford to pay the rent. However, several states have restrictions on income rejections. While a landlord can reject a tenant based on income amount, they cannot reject them based on the source of income.
Yes, landlords can refuse to rent to someone who owns pets. However, this does not cover individuals with service animals, as these are not considered pets.
No, a landlord cannot reject a rental applicant based on their race, colour, national origin, religion, sex, familial status, disability, or sexual orientation. The federal Fair Housing Act protects against discrimination in these protected classes.
![Cases and Materials on Employment Discrimination: [Connected Ebook] (Aspen Casebook Series)](https://m.media-amazon.com/images/I/6148zo5L0zL._AC_UY218_.jpg)
