There are many legitimate reasons- such as a bad credit report, unstable employment history or bad prior landlord references- for a landlord to reject a tenant.

But it's illegal for a landlord to treat a tenant differently because of:
  • Race
  • Color
  • Religion
  • National origin
  • Sex
  • Age
  • Handicap
  • Marital status
  • Sexual orientation
  • Family status (such as whether you have children)

The federal Fair Housing Act prohibits landlords from discriminating by:
  • Advertising for a preference for a particular skin type, religion and so forth
  • Having different standards (on credit checks, financially or otherwise) for different groups of prospective tenants
  • Refusing to rent to certain types of people
  • Ending a tenancy for discriminatory reasons

State laws differ, so it's important to check your local fair housing laws.

Disabled Potential Tenants

Federal laws prevent a landlord from discriminating against a disabled person, whether their disability is physical or mental.

A potential landlord isn't allowed to ask questions about disability or ask for proof of disability.

You may, however, screen disabled applicants according to the same financial standards and other criteria as anyone else.

Accommodations

A landlord must accommodate a disabled person's needs, at the landlord's expense. This may include:
  • Installing a ramp for wheelchair access
  • Providing close parking if parking is provided to other tenants
  • Modifying kitchens by lowering countertops and installing more accessible and safer appliances and plumbing.

A landlord doesn't have to make modifications that would make the space unusable by a future tenant.

One compromise is to make accommodations temporary, so that they can be removed at the end of the lease.

The landlord must approve any tenant improvements ahead of time.

The landlord is entitled to ask for medical proof that the modification is necessary, such as a note from the disabled tenant's doctor. The doctor doesn't have to explain why the tenant needs the accommodation, only that the modification is necessary.

Discrimination Complaints

A tenant must file a federal discrimination complaint within one year of the discriminatory act.

HUD then has 100 days to investigate the complaint and decide whether it should go to an administrative hearing.

HUD will usually have a mediator work with you and the tenant in what's called a "conciliation," aimed at settling your dispute. If you can't reach a settlement, an administrative hearing through HUD may be necessary.

The tenant also has the option of filing a lawsuit in federal or state court.

The tenant must file a lawsuit within two years of the time the alleged discrimination occurred.

It's often difficult to prove in court that a tenant was discriminated against for personal reasons.

But if the tenant wins, he or she will likely receive a judgment for damages, which would include any higher rent they've had to pay because of the discrimination.

Because damages aren't likely to cover the cost of bringing the case, lawsuits are often a losing proposition in the long run.