General information, not legal advice. Federal law sets a floor; your state and city may protect more classes. When in doubt, ask a local fair housing organization or attorney.
The federal baseline
The Fair Housing Act (42 U.S.C. § 3604) bans refusing to rent, setting different terms, and making or publishing any statement that indicates a preference, limitation or discrimination based on race, color, religion, sex, handicap (disability), familial status or national origin. Section 3604(f) also requires reasonable accommodations in rules and policies for people with disabilities. The statement ban covers the questions on your application form.
Questions to avoid and what to ask instead
| Avoid | Risk | Ask instead |
|---|---|---|
| Are you married? Is this your husband/wife? | Familial / marital status | How many people will live in the unit? (Each adult applies.) |
| Do you have children? How old are they? | Familial status (42 U.S.C. § 3604) | Total number of occupants. |
| Are you pregnant or planning a family? | Sex, familial status | Do not ask. |
| Where were you born? Are you a citizen? | National origin | Ask every applicant for the same ID during screening. |
| What church do you attend? | Religion | Do not ask. |
| Do you have a disability? What medication do you take? | Disability (42 U.S.C. § 3604(f)) | Do not ask. Handle accommodation requests separately. |
| Do you need a wheelchair-accessible unit? | Disability | Describe the unit's features; let applicants request accommodations. |
| Do you have a pet? (and then charging pet rent for a service animal) | Disability | Ask about pets, and note that assistance animals are not pets. |
| Do you receive Section 8 or other assistance? | Source of income (many states and cities) | What is your total monthly income from all sources? |
| How old are you? | Age (many states) | Date of birth only on the paper screening form, for identity matching. |
| Have you ever been arrested? | Criminal history (many states and cities; disparate impact) | Check local law. If allowed, ask only about convictions relevant to safety, with individual review. |
10-point checklist before you hand out an application
- Your screening criteria are written down and given to every applicant with the application.
- Every applicant gets the same form and the same questions.
- No question asks about a protected class, directly or indirectly.
- Occupancy is asked as a number of people, not family makeup.
- The form says assistance animals are not pets and that accommodations can be requested.
- Income is counted from all lawful sources the same way.
- The application fee follows your state's limits (see fee laws by state).
- Criminal history questions are removed or checked against state and local rules.
- The applicant signs an authorization before you order any consumer report.
- You have an adverse action notice ready for denials based on a report (15 U.S.C. § 1681m).
Criminal history questions
Criminal history is not a protected class under federal law, but policies that exclude anyone with a record can have a disparate impact on protected groups, which the Fair Housing Act prohibits. A growing number of states and cities restrict what landlords can ask and when. Our builder keeps the criminal history question off by default, and it is never part of the online application link.
How our builder helps
- Custom questions are scanned for wording that touches a protected class, and you see a warning before printing.
- Every form prints a non-discrimination statement and a reasonable accommodation line.
- The pets section explains that assistance animals are not pets.
- The online link never asks for SSNs, dates of birth, ID numbers, bank details or criminal history.
Build a Fair Housing friendly rental application. You are welcome to link to or cite this checklist.
Frequently asked questions
Is it illegal to ask about children on a rental application?
Asking whether an applicant has children, or their ages, can be used as evidence of familial status discrimination under the Fair Housing Act. Ask for the total number of occupants instead, and apply a lawful, consistent occupancy standard.
Can I ask about criminal history?
It depends on where the property is. Several states and many cities restrict criminal history questions on rental applications, and blanket bans on anyone with a record can create Fair Housing Act liability. Check your state and city rules first; if allowed, consider only relevant convictions and review each case individually.
Do Fair Housing rules apply to small landlords?
The Fair Housing Act has narrow exemptions, for example some owner-occupied buildings with up to four units, but the ban on discriminatory statements and ads still applies. Many state laws have no small-landlord exemption. Assume the rules apply to you.
Is source of income a protected class?
Not under the federal Fair Housing Act, but many states and cities protect it, which can include housing vouchers. Count all lawful income the same way.
Last updated · Written and checked by the RentalApplicationMaker editorial team against official state statutes. A template, not legal advice.