Real Estate

What Landlords Are — and Aren't — Allowed to Ask You

Real Estate Editorial Team 8 min read · Jun 30, 2023
What Landlords Are — and Aren't — Allowed to Ask You

Photo credit: Glowwwatch.com

In this article
  1. What the Law Actually Prohibits
  2. The Gray Zone: Questions That Sound Neutral but Aren't
  3. What Landlords Are Allowed to Ask
  4. How to Respond — and What to Do If Something Feels Wrong

Fair housing law limits what a landlord can ask during the application process. Learn what questions are off-limits and how to respond.

Key Takeaways

  • Federal law prohibits landlords from asking about race, religion, national origin, familial status, disability, sex, or color.
  • Many states extend protections to additional categories like source of income, sexual orientation, and immigration status.
  • Landlords can legally ask about income, rental history, credit, and references.
  • A seemingly neutral question can still be illegal if it's designed to screen out a protected class.
  • You have the right to decline to answer unlawful questions and to file a complaint with HUD if discriminated against.

What the Law Actually Prohibits

When you apply to rent a home or apartment, a landlord is permitted to evaluate whether you can pay rent and will be a responsible tenant. What they cannot do is use the application process to screen out people based on who they are.

Under the federal Fair Housing Act, landlords are prohibited from asking about — or making decisions based on — the following protected characteristics:

  • Race or color
  • National origin
  • Religion
  • Sex
  • Familial status (whether you have children under 18 or are pregnant)
  • Disability

That means a landlord cannot ask where you were born, what church you attend, whether you're pregnant, or whether you have a physical or mental health condition. Even indirect questions designed to get at the same information are off-limits.

State and Local Laws Often Go Further

Federal fair housing law sets a minimum floor of protection, but states and cities frequently add to it. Source of income (including Section 8 vouchers), sexual orientation, gender identity, immigration status, and marital status are protected in many jurisdictions even though they are not federally protected classes. Check your state's attorney general website or local fair housing agency to understand the full scope of protections where you live.

Many states go further than federal law. California, New York, Illinois, and others protect additional classes such as source of income (including housing vouchers), sexual orientation, gender identity, marital status, and age. Always check your state's fair housing statute for the full picture.

The Gray Zone: Questions That Sound Neutral but Aren't

Some of the most problematic questions don't explicitly mention a protected class — they're designed to elicit that information indirectly. Courts and housing agencies have found questions like these to be potentially discriminatory:

  • "Where are you originally from?" — a proxy for national origin
  • "Do you go to church nearby?" — a proxy for religion
  • "Will it just be you, or will family be joining?" — can be used to discriminate based on familial status
  • "Do you need any special accommodations?" (asked before any lease offer) — may be used to identify a disability

A question doesn't have to use protected language to violate fair housing law. If a pattern of questioning is designed to reveal a person's membership in a protected class, it can still constitute illegal discrimination. See our guide on why qualified renters still get rejected for more on how bias can show up in the approval process.

Write Down What You're Asked

If a landlord asks you a question that seems off-limits, write it down as soon as possible — including the date, time, and context. This documentation can be critical if you later need to file a complaint. You don't need to confront the landlord in the moment; simply note what was said and move forward.

What Landlords Are Allowed to Ask

Understanding what's off-limits also helps clarify what's entirely legitimate. Landlords have a reasonable interest in assessing whether you can fulfill a lease, and these questions are lawful:

  • Income and employment: Verifying that your income meets a threshold (commonly 2.5–3x monthly rent) is standard practice.
  • Credit history: With your written authorization, landlords can run a credit check to assess payment history and debt load.
  • Rental history and references: Contacting previous landlords to ask about on-time payment and property care is permitted.
  • Number of occupants: Landlords can ask how many people will live in the unit to apply reasonable occupancy standards — but cannot ask about the age or relationship of those occupants in a way that uncovers familial status.
  • Pets: Asking whether you have pets is allowed. Note that service animals and emotional support animals are not considered pets under fair housing law and cannot be treated as such.

Our step-by-step rental application walkthrough covers exactly what documentation landlords typically request — and how to prepare it.

How to Respond — and What to Do If Something Feels Wrong

If a landlord asks you something that seems inappropriate, you don't have to answer. You can politely redirect: "I'd prefer to keep the conversation focused on my qualifications as a tenant." Refusing to answer an unlawful question cannot legally be held against you in the application process.

If you believe you were denied housing due to a protected characteristic, you have options:

  1. Document everything. Keep records of all communications, the questions you were asked, and the timeline of your application and rejection.
  2. File a complaint with HUD. The U.S. Department of Housing and Urban Development accepts fair housing complaints online, by phone, or by mail. Complaints must generally be filed within one year of the alleged discrimination.
  3. Contact your local fair housing agency. Many cities and states have their own agencies that handle discrimination complaints and may offer additional remedies under local law.
  4. Consult a housing attorney. If you believe you've suffered significant harm, an attorney specializing in tenant rights can advise on your legal options.

This article is for general informational purposes only and does not constitute legal advice. Fair housing laws vary by state and locality. If you believe your rights have been violated, consult a qualified attorney or contact HUD directly.

Frequently Asked Questions

No. Asking whether you have children, plan to have children, or how many children you have is illegal under the Fair Housing Act's familial status protections. Landlords may only ask how many people will occupy the unit to assess reasonable occupancy standards.
Federal law does not explicitly prohibit this question, but many states and cities do. Some jurisdictions consider immigration status questions to be a proxy for national origin discrimination, which is federally protected. Check your local fair housing laws for the rules in your area.
Landlords cannot ask whether you have a disability or inquire about its nature or severity. They can ask whether you can meet the obligations of a tenancy. If you request a reasonable accommodation, they may ask for documentation confirming a disability-related need.
Lawful questions include your income and employment, rental history, references, credit authorization, and number of occupants. These are directly relevant to your ability to pay rent and care for the property.
You can decline to answer and explain that the question touches on a protected class. If you believe you were discriminated against, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or your state's fair housing agency.
Asking about religion is prohibited under federal fair housing law. Marital status is not a federally protected class but is protected in many states. Always check your state and local laws, as protections vary significantly by location.
Real Estate Editorial Team

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Real Estate Editorial Team

Real Estate Editorial Team is the collective byline for our editorial team and contributor network. Articles published under this byline or an editorial pen name are researched, written, and reviewed according to our editorial standards for clarity, consistency, and independence before publication.

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The content on this site is for informational purposes only and is not a substitute for professional advice. Always consult a qualified professional for guidance specific to your situation.