Based on the Fair Housing Act, landlords are prohibited from asking questions that discriminate based on race, color, religion, sex, handicap, familial status, or national origin.
61 examples of questions that a landlord cannot legally ask:
Personal Information:
- Are you married?
- Do you have children?
- What is your nationality?
- What is your race or ethnicity?
- Are you pregnant?
- What is your sexual orientation?
- What is your gender identity?
- Are you religious?
Financial Information:
- Have you ever filed for bankruptcy?
- Do you have any outstanding debts?
- Are you currently employed?
- What is your occupation?
- Do you have a steady source of income?
- How much money do you make?
- Do you have any financial obligations?
- What is your credit score?
Health and Disabilities:
- Do you have any medical conditions?
- Have you ever been treated for mental illness?
- Do you have any physical disabilities?
- Are you currently receiving any government assistance?
Criminal Background:
- Have you ever been arrested?
- Do you have a criminal record?
Lifestyle and Habits:
- Have you ever used illegal drugs?
- Are you a smoker?
- Do you have any pets?
- Are you planning to have guests over frequently?
- How often do you travel?
- Do you have any dietary restrictions?
- Are you planning to have any guests stay overnight?
- Do you plan to have roommates?
- Do you plan to use the rental property for any commercial purposes?
- Are you planning to make any modifications to the rental property?
Legal Matters:
- Are you involved in any lawsuits?
- Have you ever been evicted from a rental property?
- Have you ever declared bankruptcy due to medical expenses?
- Have you ever been asked to leave a previous rental property?
- Have you ever participated in a drug or alcohol rehabilitation program?
- Have you ever been treated for substance abuse or addiction?
- Are you currently on probation or parole?
- Are you currently in a legal dispute with a previous landlord?
Demographic and Identity:
- Are you a U.S. citizen?
- Are you fluent in English?
- What is your native language?
- Are you a member of the LGBTQ+ community?
- What is your country of origin?
- Are you a member of a specific social or political group?
- Are you a member of any specific cultural or ethnic group?
Other:
- Can you provide references from previous landlords?
- Are you a member of any social or community organizations?
- Do you have any religious practices that may impact the property?
- Do you have any plans to start a business from the rental property?
- Have you ever been a victim of domestic violence?
- Are you currently undergoing any fertility treatments?
- Have you ever been involved in a lawsuit as a plaintiff?
- Are you a survivor of any form of trauma or abuse?
- Are you a survivor of any natural disasters?
- Are you a survivor of any type of crime?
- Have you ever served in the military?
- Are you a member of any political or activist organizations?
- Have you ever been a victim of identity theft?
- Have you ever been a party to a foreclosure?
Here’s an explanation of each of the 61 questions that landlords cannot ask:
Are you married? – Landlords cannot inquire about an individual’s marital status, as it falls under discrimination based on family status.
Do you have children? – Inquiring about an applicant’s children is considered discrimination based on familial status, and landlords should not ask this question.
What is your nationality? – Asking about an applicant’s nationality is not permissible, as it involves discrimination based on national origin.
What is your race or ethnicity? – Inquiring about an applicant’s race or ethnicity is a violation of fair housing laws, as it constitutes discrimination based on race.
Are you pregnant? – Asking about an applicant’s pregnancy status is considered discrimination based on sex, specifically pregnancy discrimination.
What is your sexual orientation? – Inquiring about an applicant’s sexual orientation is not allowed, as it falls under discrimination based on sexual orientation.
What is your gender identity? – Asking about an applicant’s gender identity is considered discrimination based on gender identity, which is prohibited.
Are you religious? – Inquiring about an applicant’s religion is not permissible, as it constitutes discrimination based on religious beliefs.
Have you ever filed for bankruptcy? – Asking about an applicant’s bankruptcy history is unrelated to their ability to be a good tenant and should not be asked.
Do you have any outstanding debts? – Landlords should not inquire about an applicant’s outstanding debts, as it is not relevant to their qualification as a tenant.
Are you currently employed? – While landlords may inquire about an applicant’s income, asking specifically if they are employed can be discriminatory against those with other legitimate sources of income.
What is your occupation? – Inquiring about an applicant’s occupation may be seen as discriminatory if it results in disparate treatment based on protected characteristics associated with certain occupations.
Do you have a steady source of income? – Landlords can ask about an applicant’s income to assess their ability to pay rent but should not specifically inquire about the stability of their income source.
How much money do you make? – Asking about an applicant’s income can be relevant for determining their ability to pay rent, but the specific amount they earn should not be asked.
Do you have any financial obligations? – Inquiring about an applicant’s financial obligations is unrelated to their qualification as a tenant and should not be asked.
What is your credit score? – Asking about an applicant’s credit score is generally not allowed, as it can disproportionately impact individuals from certain demographics and may be discriminatory.
Do you have any medical conditions? – Landlords should not inquire about an applicant’s medical conditions, as it constitutes discrimination based on disability.
Have you ever been treated for mental illness? – Asking about an applicant’s history of mental illness is not allowed, as it falls under discrimination based on disability.
Do you have any physical disabilities? – Inquiring about an applicant’s physical disabilities is considered discrimination based on disability and is prohibited.
Are you currently receiving any government assistance? – Landlords cannot ask about an applicant’s receipt of government assistance, as it is discriminatory based on source of income.
Have you ever been arrested? – Asking about an applicant’s arrest history is generally not permissible, as it may disproportionately affect certain demographics and can be seen as discrimination.
Do you have a criminal record? – Inquiring about an applicant’s criminal record is allowed in some cases but may be subject to restrictions and limitations based on local laws and regulations. Landlords should be aware of the specific rules in their jurisdiction before asking this question.
Have you ever used illegal drugs? – Asking about an applicant’s past drug use is generally not allowed, as it may be seen as discriminatory and infringe upon their privacy rights.
Are you a smoker? – Inquiring about an applicant’s smoking habits is generally allowed, as it is not a protected characteristic under fair housing laws.
Do you have any pets? – Landlords can ask about pets but must follow local laws and regulations regarding pet policies, reasonable accommodations, and service animals.
Are you planning to have guests over frequently? – Landlords should not inquire about an applicant’s social plans or frequency of guest visits, as it is unrelated to their qualification as a tenant.
How often do you travel? – Inquiring about an applicant’s travel plans or frequency of travel is not relevant to their qualification as a tenant and should not be asked.
Do you have any dietary restrictions? – Asking about an applicant’s dietary restrictions is generally not permissible, as it does not impact their ability to fulfill their obligations as a tenant.
Are you planning to have any guests stay overnight? – Landlords should not inquire about an applicant’s overnight guests, as it infringes upon their right to privacy and is unrelated to their qualification as a tenant.
Do you plan to have roommates? – Inquiring about an applicant’s intention to have roommates is generally allowed, as it relates to the number of occupants in the rental property.
Do you plan to use the rental property for any commercial purposes? – Landlords can inquire about an applicant’s intended use of the rental property to ensure it aligns with residential purposes but should not inquire about specific commercial activities unrelated to housing.
Are you involved in any lawsuits? – Asking about an applicant’s involvement in lawsuits is generally not permissible, as it may be seen as discriminatory and infringe upon their privacy rights.
Have you ever been evicted from a rental property? – Landlords can ask about an applicant’s eviction history as it relates to their rental history and behavior as a tenant.
Have you ever declared bankruptcy due to medical expenses? – Inquiring about an applicant’s specific reason for bankruptcy, such as medical expenses, is generally not allowed, as it may be seen as discriminatory.
Have you ever been asked to leave a previous rental property? – Landlords can inquire about an applicant’s rental history, including reasons for leaving previous properties, to assess their behavior as a tenant.
Have you ever participated in a drug or alcohol rehabilitation program? – Asking about an applicant’s participation in rehabilitation programs may be considered discriminatory, as it pertains to their history of substance abuse or addiction.
Have you ever been treated for substance abuse or addiction? – Inquiring about an applicant’s treatment history for substance abuse or addiction is generally not permissible, as it falls under discrimination based on disability.
Are you currently on probation or parole? – Asking about an applicant’s probation or parole status is generally allowed, as it relates to their compliance with the law and potential risk as a tenant.
Are you currently in a legal dispute with a previous landlord? – Inquiring about an applicant’s legal disputes with previous landlords is generally not permissible, as it infringes upon their privacy rights.
Are you a U.S. citizen? – Asking about an applicant’s citizenship status is generally not allowed, as it constitutes discrimination based on national origin
Are you fluent in English? – Inquiring about an applicant’s English fluency is generally not permissible, as it may disproportionately impact individuals from non-English-speaking backgrounds and can be seen as discriminatory.
What is your native language? – Asking about an applicant’s native language is generally not allowed, as it can be seen as discriminatory based on national origin and language proficiency.
Are you a member of the LGBTQ+ community? – Landlords should not ask about an applicant’s sexual orientation or LGBTQ+ status, as it constitutes discrimination based on sexual orientation.
What is your country of origin? – Inquiring about an applicant’s country of origin is generally not permissible, as it constitutes discrimination based on national origin.
Are you a member of a specific social or political group? – Asking about an applicant’s membership in specific social or political groups is not allowed, as it can be seen as discriminatory based on their affiliations.
Are you a member of any specific cultural or ethnic group? – Inquiring about an applicant’s specific cultural or ethnic group is generally not allowed, as it may be seen as discriminatory based on national origin or race.
Can you provide references from previous landlords? – Landlords can ask for references from previous landlords to assess an applicant’s rental history and behavior as a tenant.
Are you a member of any social or community organizations? – Inquiring about an applicant’s membership in social or community organizations is generally not permissible, as it infringes upon their privacy rights.
Do you have any religious practices that may impact the property? – Landlords should not inquire about an applicant’s religious practices, as it constitutes discrimination based on religious beliefs.
Do you have any plans to start a business from the rental property? – Landlords can inquire about an applicant’s intended use of the rental property to ensure it aligns with residential purposes but should not inquire about specific commercial activities unrelated to housing.
Have you ever been a victim of domestic violence? – Inquiring about an applicant’s history as a victim of domestic violence is not allowed, as it infringes upon their privacy rights and may be seen as discriminatory.
Are you currently undergoing any fertility treatments? – Asking about an applicant’s fertility treatments is generally not permissible, as it is unrelated to their qualification as a tenant.
Have you ever been involved in a lawsuit as a plaintiff? – Inquiring about an applicant’s involvement as a plaintiff in a lawsuit is generally not permissible, as it may be seen as discriminatory and infringe upon their privacy rights.
Are you a survivor of any form of trauma or abuse? – Asking about an applicant’s history as a survivor of trauma or abuse is not allowed, as it infringes upon their privacy rights and may be seen as discriminatory.
Are you a survivor of any natural disasters? – Inquiring about an applicant’s status as a survivor of natural disasters is generally not permissible, as it is unrelated to their qualification as a tenant.
Are you a survivor of any type of crime? – Asking about an applicant’s status as a survivor of crime is not allowed, as it infringes upon their privacy rights and may be seen as discriminatory.
Have you ever served in the military? – Landlords can ask about an applicant’s military service to assess their rental history and stability but should not discriminate based on veteran status.
Are you a member of any political or activist organizations? – Inquiring about an applicant’s political or activist affiliations is generally not permissible, as it infringes upon their privacy rights and may be seen as discriminatory based on their beliefs or associations.
Have you ever been a victim of identity theft? – Inquiring about an applicant’s history as a victim of identity theft is not allowed, as it infringes upon their privacy rights and may be seen as discriminatory.
Have you ever been a party to a foreclosure? – Landlords can ask about an applicant’s history of foreclosure to assess their financial stability and rental history.
Are you planning to make any modifications to the rental property? – Landlords can inquire about an applicant’s intended modifications to the rental property, within reason, to assess their suitability as a tenant.
Please note that this is a comprehensive list and may vary based on specific laws and regulations in different jurisdictions.
Understanding the Legal Framework: The California Civil Code and Fair Housing Act
Landlords in California are governed by the California Civil Code and the Fair Housing Act, which prohibit discrimination based on race, color, national origin, religion, sex, familial status, and disability.
The California Civil Code also provides additional protections for tenants.
For example, under Civil Code Section 1940.4, landlords cannot prohibit a tenant from posting or displaying political signs, which implies that landlords should not ask questions about a tenant’s political affiliations.
Similarly, Civil Code Section 1942.4 prohibits landlords from demanding rent if the dwelling lacks certain standard characteristics or violates specific health and safety codes, suggesting that landlords should not ask questions that could lead to such prohibited actions.”
Conclusion
It’s crucial for both landlords and tenants to understand the questions that landlords cannot ask during the rental application process.
By being aware of your rights as a renter, you can ensure fair treatment and protection against discrimination.
If you encounter inappropriate questions during your rental search, consider discussing your concerns with a legal professional or reporting the landlord’s behavior to the appropriate authorities.
Remember, everyone has the right to find a rental property that respects their privacy and treats them fairly.
