Everyone wants a safe, comfortable, and beautiful place to call home. But not everyone owns one, so many people turn to rentals. And when a home or apartment becomes vacant, there’s often more than one interested renter. That’s where screening comes in. Landlords and property managers use tenant screening to evaluate applicants, checking financial stability, rental history, and lifestyle factors to ensure they choose the best fit.
But here’s the problem: while questions are essential to the screening process, not all questions are fair game. Some cross legal boundaries, even if they seem harmless at first glance. Asking the wrong thing can be discriminatory, violate fair housing laws, and expose landlords to legal trouble. In this blog, we’ll look at which tenant screening questions are illegal, which ones are risky even if they don’t look that way, and how landlords can recover if they make a mistake during the process.
Questions Landlords Must Never Ask
Under the Fair Housing Act (FHA) and related state laws, certain questions are off-limits because they discriminate against “protected classes” of people. Here’s a detailed breakdown.
1. Questions About Race or Ethnicity
“What race are you?” or “Where are your parents from?”
Any reference to race, color, or ethnicity is completely prohibited. Housing decisions must never be influenced by someone’s background.
2. Questions About Religion
“What religion do you practice?” or “Do you attend church, temple, or mosque nearby?”
Religious affiliation or lack thereof has no bearing on a person’s ability to pay rent or follow lease terms.
3. Questions About National Origin or Immigration Status
“Where were you born?” or “Are you a U.S. citizen?”
While landlords may legally require proof of identity and income, they cannot ask directly about citizenship or nationality in a way that discriminates.
4. Questions About Family or Marital Status
“Are you married or single?” or “Do you have kids? Are you planning to have any?”
Questions targeting families with children or marital choices are discriminatory. The law protects tenants with children, and landlords cannot refuse to rent based on family size or type.
5. Questions About Disabilities or Health
“Do you have a disability?” or “Are you on medication?” or “Do you need a service animal because of a health condition?”
Landlords may need to make reasonable accommodations for disabilities, but they cannot pry into medical details. They may only ask whether the applicant meets the requirements of tenancy (such as being able to pay rent) and if they require reasonable accommodation , without demanding specifics.
6. Questions About Gender, Sexual Orientation, or Gender Identity
“Are you gay or straight?” or “What gender do you identify as?”
Housing discrimination based on sex, gender identity, or sexual orientation is illegal under federal guidelines and many state/local laws.
7. Questions About Age
“How old are you?” or “Are you retired?”
Age is another protected category. While landlords may set age requirements for senior housing, they cannot use age as a screening factor for general rentals.
8. Questions About Arrest Records (vs. Convictions)
“Have you ever been arrested?”
Asking about arrests is risky because arrests do not equal guilt. This question can disproportionately impact certain racial groups and may be seen as discriminatory. Some jurisdictions also have “ban the box” rules or limits on using criminal history at all.
9. Questions About Source of Income (including Housing Vouchers)
“Do you receive Section 8 or housing vouchers?” or “Do you get government assistance?”
While not always federally protected, many cities and states prohibit discrimination based on source of income. Asking this can lead to claims of illegal steering or refusal.
10. Questions About Bankruptcy or Prior Financial Distress (phrased invasively)
“Have you ever filed for bankruptcy?”
While credit and payment history are relevant, singling out bankruptcy can feel punitive and may violate laws that limit what landlords can ask about financial history.
11. Questions About Pregnancy, Plans to Have Children, or Contraception
“Are you pregnant?” or “Do you plan to have children soon?”
Family status and pregnancy are protected under federal law (familial status). Asking these questions is illegal and constitutes discrimination.
12. Questions About Medical Conditions, HIV Status, or Substance Use History
“Do you have HIV?” or “Are you on prescription medication?” or “Are you currently in rehab?”
Disability and health status are protected categories. Asking these questions invades privacy and can lead to discrimination claims.
13. Questions About Political Beliefs or Activism
“What political party do you support?” or “Do you participate in protests?”
Political affiliation can be tied to protected speech or used to discriminate. It is irrelevant to tenancy and should not be considered in rental decisions.
14. Questions About Social Media, Personal Habits, or Sexual Conduct
“What do you post on social media?” or “Are you sexually active?”
These questions can act as proxies for protected characteristics (sexual orientation, lifestyle) or invade privacy. Even background-checking social media can lead to biased decisions.
15. Questions About Citizenship, Immigration Details, or Native Language (beyond ID)
“Are you a citizen?” or “What language do you speak at home?”
National origin and immigration status questions can be discriminatory. While landlords may require proof of identity and eligibility to sign a lease, directly asking about citizenship is a red flag.
The Gray Area: Questions That Seem Harmless But Are Risky
Some questions may sound like small talk but can still create problems:
- “What school will your kids go to?” It implies the landlord is considering family status.
- “Do you feel safe walking to church in this neighborhood?” It brings religion into the discussion.
- “Are you planning to live here for a long time?” While stability is valid, phrasing matters; it shouldn’t imply bias against younger tenants or families who may relocate.
Even casual or “friendly” questions can be used as evidence of discrimination if a rejected applicant files a complaint. The best practice: keep all questions business-focused, rent history, employment, income verification, references, and credit.
What If You Ask an Illegal Question by Mistake?
Screening can feel conversational, and sometimes landlords ask the wrong question without realizing it’s a problem. If this happens:
- Stop Immediately: If you notice mid-conversation that you asked something inappropriate, don’t press further. Move on to a lawful topic.
- Clarify If Necessary: If the applicant looks uncomfortable, you may acknowledge the slip: “I realize that question wasn’t appropriate, let’s focus on your rental history.”
- Document Properly: Keep all screening questions standardized in writing so every applicant is asked the same thing. This creates a clear record showing you treat applicants fairly.
- Correct the Process: Review your application forms and interview scripts to remove anything that could be interpreted as discriminatory.
Mistakes don’t have to turn into legal battles if they’re corrected quickly and policies are tightened going forward.
When Certain Information Is Necessary for Proper Evaluation
While the questions listed above are generally illegal to ask in a direct or personal way, there are situations where landlords may need specific information to assess an applicant’s ability to meet tenancy requirements. The key is how the question is framed and whether it relates directly to rental eligibility rather than personal characteristics.
For example:
- Occupancy and household size: Instead of asking about pregnancy or plans for children, landlords can ask: “How many people will be living in the unit?” This ensures the rental complies with occupancy limits without probing into family planning.
- Disability accommodations: Instead of asking about a disability or medical condition, landlords can ask:“Do you require any reasonable accommodations to use and enjoy the property?” This allows the landlord to provide necessary support without invading privacy.
- Income and financial stability: Instead of asking about bankruptcy history or source of government assistance in a way that singles out protected classes, landlords can ask: “Can you provide proof of income or documentation showing the ability to pay rent?” This gives clarity on financial responsibility while staying within legal boundaries.
- Criminal history: Instead of asking about arrests or unrelated offenses, landlords can ask: “Have you been convicted of a crime that could affect tenancy or the safety of other residents?” This ensures relevant safety concerns are addressed while avoiding discriminatory practices.
The guiding principle is simple: ask only what is necessary for evaluating the applicant’s ability to meet the terms of the lease. Avoid framing questions in a way that targets personal identity, background, or protected characteristics. When in doubt, stick to neutral, factual, and verifiable information like employment history, income, rental references, and previous lease compliance.
By framing questions this way, landlords can get the clarity they need to make informed decisions without crossing legal lines or exposing themselves to liability.
To stay updated on evolving housing regulations and compliance best practices, explore our Property Management Webinars — designed to help landlords, property managers, and compliance professionals stay fully informed.
Conclusion
Effective tenant screening balances thorough evaluation with legal compliance. By focusing on verifiable information, like income, rental history, and references, landlords can make informed decisions without infringing on protected personal details.
Standardizing questions, documenting procedures, and maintaining transparency ensures fairness, reduces risk, and builds trust with applicants.Ultimately, careful, lawful screening protects both landlords and tenants, fosters professional relationships, and helps secure reliable, long-term renters.
