Can a landlord deny rental based on age or medical information?

Full question:

My girlfriend and I recently moved to a new city and was trying to find a place to live. We are a young couple and I was wondering if the landlord can turn us down for our age. We applied for renting an apartment in a nice neighborhood. The rental application had some personal questions that we were not comfortable answering. I would like to know if the landlord can legally ask a question about personal medical information like physical or mental disability in the rental application.

Answer:

A landlord can choose who to rent to, but they must follow anti-discrimination laws under the Fair Housing Act (42 U.S. Code §§ 3). These laws prohibit discrimination based on race, color, religion, national origin, gender, age, familial status, and physical or mental disability. A landlord can legally reject applicants for reasons like poor credit history, insufficient income, negative references, criminal convictions, or prior evictions.

Landlords can ask questions on rental applications that help them evaluate potential tenants and locate them if needed. However, all applicants should be asked the same questions. Questions unrelated to rental suitability may not be legal. It's important to note that some forms of discrimination, like marital status, may be legal in certain states.

Misrepresentations on a rental application can lead to rejection. Landlords can verify the information provided. In summary, landlords can ask for information that helps determine if you will be a good tenant and locate you if you default on rent or cause property damage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, your boyfriend can live with you without being on the lease. However, it's important to check your lease agreement for any clauses about guests or additional occupants. Some landlords may require all residents to be listed on the lease. If your boyfriend stays for an extended period, he may be considered a tenant, which could require you to inform your landlord. Always communicate with your landlord to avoid any potential issues.