Fair housing basics for landlords: advertising, showings, screening and requests

Most landlords who end up facing a fair housing complaint did not set out to discriminate. They answered one caller differently from another, made an exception for a tenant they liked, or wrote a listing that described the ideal household instead of the apartment. Fair housing compliance is mostly about building habits that make those mistakes unlikely.

This post covers the federal basics and the everyday practices that put them into effect. It is a starting point, not a substitute for knowing your state and city rules, which are often broader.

Who is protected

The federal Fair Housing Act makes it illegal to discriminate in renting, advertising, terms and conditions, or services based on:

1. Race
2. Color
3. Religion
4. Sex
5. National origin
6. Familial status (households with children under 18, pregnant people, and people securing custody)
7. Disability

Many states and cities add classes such as source of income, sexual orientation, gender identity, marital status, age, military status, immigration status or criminal history. Look up the list for every jurisdiction where you own property. Our state pages, such as California landlord tenant rights and Washington landlord tenant rights, summarize screening rules where we have them.

Advertising: describe the unit

The rule on advertising is broad. A listing, social post or sign may not state a preference, limitation or discrimination based on a protected class. It applies even to owners who might otherwise be exempt.

The safe habit is to describe the property and its features, never the people who should live there.

Instead of	Write
Perfect for a young professional	Quiet one bedroom near the train
Ideal for a couple	One bedroom, 650 square feet
No kids, quiet building	Quiet hours 10 pm to 7 am for all residents
Christian home, shared kitchen	Room in a shared home, kitchen access
Must be able to climb stairs	Third floor walk up, no elevator
English speakers only	Applications available online

Also watch photos and the channels you use. Showing only one type of person in marketing images, or advertising only where one community will see it, can raise questions. Our rental listing tips cover how to write a description that sells the unit on its features.

Inquiries and showings: same script for everyone

Write a short script for phone and email inquiries and use it every time. It should cover:

• Rent, deposit and fees
• Available date and lease length
• Your screening criteria and where to read them
• Your pet policy and that assistance animals are evaluated separately
• How to book a showing and how to apply

Offer the same showing times to every caller and answer questions with the same facts. Steering is a common violation: suggesting that a caller would be “more comfortable” in another building or neighborhood, or mentioning schools, churches or the makeup of the area. Let prospects draw their own conclusions about a neighborhood.

If you use an assistant or a leasing agent, give them the script and the criteria. You are responsible for what they say. TenantLoop lets prospects book tours from open hours you set, so every lead sees the same slots, and the showings page explains how that works.

Screening: criteria first, applicants second

Written criteria are your strongest protection. Draft them before you list, publish them with the listing or the application, and apply them to every applicant in the same order. A typical set covers:

• Income. For example, gross monthly income of three times rent, with a stated list of acceptable proof. Our income verification calculator helps you test numbers.
• Credit. What you look at and what disqualifies, such as unpaid housing debt in collections.
• Rental history. What you verify and how far back.
• Eviction records and how far back you look.
• Criminal history, if you consider it and local law allows it, with a narrow policy tied to the type and age of the offense.
• Occupancy limits tied to local code.
• Alternatives, such as a guarantor for applicants with low income or no credit history.

Process applications in the order you receive complete ones. If you approve the first qualified applicant, say so in your criteria. If you choose among several qualified applicants on a different basis, write down what it is.

When you deny or approve on worse terms because of a consumer report, send an adverse action notice. Our adverse action letter template covers the required elements, and our six step screening guide goes deeper on each test.

In TenantLoop, you record the decision and your reasons on the application itself, so the file shows why each applicant was approved or declined. Screening runs through TransUnion SmartMove, and criminal history is shown only where the law allows it to be used.

Reasonable accommodations and modifications

The disability provisions go further than “do not discriminate.” They require landlords to make reasonable exceptions and allow reasonable changes.

• An accommodation is a change to a rule, policy or service. Examples: allowing an assistance animal in a no pets building, assigning an accessible parking space, letting a relative pick up rent, or delivering notices in large print.
• A modification is a physical change to the unit or common areas, such as grab bars or a ramp. In most private housing the tenant pays for a modification, and for some interior changes you can ask that the unit be restored at move-out where reasonable.

Handle every request the same way:

1. Accept it however it arrives. No magic words or forms are required.
2. If the disability or need is not obvious, ask only for information that confirms the need. Do not ask for a diagnosis.
3. Decide promptly and in writing.
4. If the specific request is not reasonable, discuss alternatives before saying no.

Assistance animals are the most common request. Our pet policy and assistance animal guide walks through it step by step.

Terms, services and maintenance

Fair housing applies after move-in too. Respond to repair requests in the same order and at the same speed for every tenant. Apply late fees, renewals and rule enforcement consistently. Harassment by you, your staff or, in some situations, other tenants you know about and fail to address can be a violation.

A single queue for maintenance requests helps. In TenantLoop, tenant requests land on one list with a category and photos, and each work order keeps its own history, which shows that every request was handled on the same terms.

Keep records that tell the story

If a complaint is filed, your records are your defense. Keep:

• Your written criteria with the date each version took effect
• Every application, the decision and the reason
• Copies of listings and where they ran
• Accommodation requests and your written responses
• Communication with each applicant and tenant

Common mistakes

• Answering questions differently depending on who asks
• Waiving criteria for one applicant and not another
• Occupancy limits stricter than local code
• Ignoring or delaying an accommodation request
• Listing language that describes the ideal tenant
• Refusing voucher holders where source of income is protected

A quick checklist

• List of protected classes for each jurisdiction you rent in
• Written screening criteria, published and dated
• Inquiry script and standard showing times
• Accommodation request process with a named decision maker
• Adverse action notice template
• Single maintenance queue
• Records kept for at least a few years

Fair housing law is federal, state and local at once, and enforcement agencies and courts update their interpretations. This post is general information, not legal advice. Check your state and local law, and talk to a fair housing attorney about your policies, especially on criminal history and occupancy.