As a rental agent, you desire to find the best tenant for your landlord clients. That is why you put a lot of effort into screening tenant applicants to ensure that if they are granted tenancy, they will treat the property fairly and pay their rent consistently and on time.
However, as much as you want to know so much about potential tenants, you need to make sure that you are not violating any law, specifically on tenant discrimination. These lawsuits can be expensive. A lawsuit could also do a lot of harm to your reputation as a rental agent.
Sometimes, asking a seemingly innocent question can lead to accusations of discrimination. A reliable basis of determining what kind of subjects to avoid when screening applicants is the Federal Fair Housing Law. It states that tenants should not be discriminated based on race, color, national origin, gender, and many more.
Here are a few examples of questions that are illegal to ask rental applicants.
“Where were you born?”
It is not right to ask an applicant’s place of birth and native language. You also can’t ask those things about their parents or spouse. Those questions are related to their race and origin and should not be relevant to their access to housing.
“Do you have a service animal?”
While it may seem logical to ask this question particularly if the landlord has pet policies, doing so violates the law. It’s the same as inappropriately asking someone whether or not they are disabled. You also couldn’t ask what duties or tasks the service animal performs for the applicant.
Applicants must provide documentation of any service animals when they apply. You will find out through thhose documents so there is no need to ask the question.
“How many children do you have?
It may be a common question in a casual conversation between people getting to know each other. But in an interview between a rental agent and an applicant, it’s a big no-no. Federal law protects discrimination against familial status. You can’t ask about their children (e.g., their ages) or a pregnant applicant’s due date.
Those questions can put you in a shaky legal ground.
“Have you been arrested before?”
It is understandable if landlords are worried about having tenants who have been in trouble with the law. The background check could reveal this. It’s unnecessary to ask the applicant about this directly.
While getting arrested may be a red flag, rental agents should not make any decisions based on an arrest. Some individuals were arrested but not convicted and was released.
“When are you getting married?”
Rental agents may sometimes ask this question to couples who are applying for a property, hoping to make the interview feel friendly with a bit of small talk. However, regardless if you sound excited for the couple’s big day, do not ask that question.
The reason is similar to asking if they have children because it relates to their familial status. Some states also specifically prohibit questions regarding a person’s marital status.
“Are you retiring soon?”
Questions that seem to ask about a person’s age also violates discrimination laws. One’s age should not affect one’s housing application. There may be an exception to the rule such as for retirement and senior communities that comply with state regulations. But generally, it’s better to avoid questions and assumptions about age.
“What is your sexual orientation?”
There is no federal law that says it is illegal to ask questions about one’s sexual orientation. However, many state laws provide protection for those who are discriminated based on their sexual orientation. A few examples of these states are California, Connecticut, and Massachusetts.
To be on the safe side, make it a personal rule to never ask applicants their gender.
“What is your source of income?”
Now, you might think this is not fair to prohibit this question because, as a rental agent, you want the landlord to feel secure that the tenant can afford the rent.
You may request documents that confirm employment and verify their income, but blatantly asking about their income source during the interview is a bad idea. The same goes with asking a tenant if they are receiving public assistance.
Aside from being aware of illegal questions to ask tenant applicants, another way you can avoid doing so is by writing more detailed rental listings. For example, if you publish a listing on listing syndication sites like Padleads, you may mention pet policies or rental price. Those details may prompt anyone who wants to apply to disclose certain information themselves without you needing to ask them.