How do you write tenant screening criteria that are fair and consistent?
Write the criteria down before you list the unit, base each one on a business reason you can explain, apply the same list to every applicant in the order applications arrive, and record the result for each person. Written, consistent criteria are the strongest defense in a fair housing complaint because they show the decision followed a rule, not a feeling about who the applicant is.
Why a written list protects you
The Fair Housing Act bars treating applicants differently because of a protected trait. It also reaches neutral rules that fall harder on a protected group without a good reason, a theory the Supreme Court accepted in the 2015 case Texas Department of Housing and Community Affairs v. Inclusive Communities Project. A landlord who decides case by case, on gut feeling, has no way to show which of those is happening. A landlord with a written list and a record can.
Written criteria also make life simpler. You answer inquiries by pointing to the list, you train a helper in ten minutes, and you do not argue with yourself on each application.
What to put on the list
| Criterion | Make it specific | Watch for |
|---|---|---|
| Income | A minimum stated as a rule, and the documents you accept. | Housing vouchers and other lawful income may need to be counted in your state or city. |
| Credit | Which items matter, such as unpaid rent or collections, and what the cut-off is. | Send an adverse action notice if the report affects the decision. |
| Rental history | Evictions and landlord references: how far back you look and what you ask. | Ask every applicant the same questions. |
| Criminal history | Only convictions, tied to a safety or property concern, with a stated look-back and the type of offense. | HUD's 2016 guidance warns that a blanket ban can be hard to defend and that an arrest alone does not show someone committed a crime. |
| Occupancy | The number of people per bedroom your state or city allows. | Rules that single out children are a problem. |
| Complete application | Which forms, fees and IDs are required, and by when. | Same fee for everyone, within your state's cap. |
Do not include anything that is, or stands in for, a protected trait. A rule such as "no families" or "must speak fluent English" will not survive a complaint.
How to apply the criteria the same way every time
- Date and sign the criteria. Update them in writing when they change and apply the new version only to new applications.
- Give the list to every person who asks about the unit, before they pay a fee.
- Take applications in the order they arrive complete, and make decisions in that order. Say so on the list.
- Check each application against the list with a checklist, with a yes or no per item. Do not weigh in feelings, accents, names or how someone looks.
- If an applicant misses one item, decide the same way you decided for others who missed it.
- Offer any exception, such as a larger deposit, to everyone in the same position, and write down the rule you used.
- Send an adverse action notice when a report plays a part, and keep your record of the reason.
Example a made-up criteria sheet says gross monthly income must be at least 2.5 times the rent, with the last two pay stubs or an award letter. For a $1,200 unit, the minimum is $3,000 a month (2.5 x $1,200). Every applicant is checked against $3,000, in order of complete applications.
Common slip-ups
- Treating the first applicant you like better as a special case.
- Asking a family about their children, plans or health, and a single person about nothing.
- Changing the minimum income midway through a showing season because the first applicant was rejected.
- Skipping the record. If it is not written down, it is hard to prove later.
This post is general information. Fair housing law has state and local additions, such as source of income, marital status and criminal record rules. A local fair housing agency or an attorney can check your list.
Sources
- 42 U.S.C. 3604, Discrimination in the sale or rental of housing, read Oct 30, 2026
- HUD, Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records (April 4, 2016), read Oct 30, 2026
- Supreme Court, Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (2015), read Oct 30, 2026
Questions
- Do I have to give applicants my screening criteria?
- Federal law does not require it, but giving the list before the application fee builds trust and shows you apply one standard. A few states and cities require disclosure.
- Can I approve the first qualified applicant?
- Many owners do, and it is easy to apply: decide in the order complete applications arrive. State your policy in writing and follow it for everyone.
- Can I change my criteria after I start showing a unit?
- Better not to. If you must, apply the new list to every applicant who has not yet been decided and record the date and the reason for the change.