what questions to be asked from tenants during screening in California
Permissible and impermissible questions during tenant screening in California
When screening tenants in California, landlords must carefully navigate state and federal fair housing laws to avoid discriminatory practices. It's crucial to focus on inquiries related to an applicant's ability to fulfill rental obligations, while strictly avoiding questions about protected characteristics.
Questions landlords can ask
Rental History: Inquire about previous addresses, dates of residency, reasons for leaving previous rentals, and contact information for past landlords. This helps assess a prospective tenant's past behavior and adherence to lease terms.
Employment and Income: Ask about the applicant's current employment, length of employment, and income details. You can also request proof of income like pay stubs, tax returns, or bank statements. This information helps determine the applicant's financial stability and ability to pay rent consistently.
Occupancy: You can ask how many people will be residing in the rental unit. This is relevant for ensuring compliance with health and safety regulations and local occupancy limits.
Pets: If you have a pet policy, you can ask if the applicant has pets, the type and number of pets, and if they are housebroken. Remember to also inquire about their willingness to comply with your pet policies, including pet deposits or pet rent.
Smoking: You can ask if the applicant smokes. This helps you communicate your smoking policies and identify tenants whose habits may conflict with them.
Move-in Date and Length of Stay: You can ask about the desired move-in date and how long the applicant intends to rent. This helps determine if their needs align with your timeline and lease terms.
Reasons for Moving: You can inquire about why the applicant is moving from their current residence. This may reveal insights about their past rental experiences or preferences.
Criminal Convictions (with limitations): While blanket bans against applicants with criminal records are illegal, you may be able to consider past criminal convictions (not arrests) that are directly related to the applicant's ability to be a good tenant or a threat to safety. This assessment must be individualized and consider the nature and severity of the crime, the time elapsed, and evidence of rehabilitation. Always consult with local ordinances as some cities in California have stricter limitations or bans on considering criminal history.
Questions landlords cannot ask (Fair Housing Act protections)
Race or Color: Avoid questions about an applicant's race or skin color.
National Origin: Do not inquire about an applicant's nationality, place of birth, or ancestry.
Religion: Questions about an applicant's religious beliefs or affiliations are prohibited.
Sex or Gender: Avoid questions about an applicant's gender or sexual orientation.
Familial Status: Do not ask about an applicant's family size, marital status, pregnancy status, or whether they have children.
Disability: Avoid questions about an applicant's physical or mental health or whether they have a disability. You cannot inquire about the need for reasonable accommodations related to a disability during the screening process.
Source of Income: While you can verify income, you cannot discriminate against applicants based on the source of their income, such as public assistance or housing vouchers.
Important considerations
Consistency: Treat all applicants equally and apply the same screening criteria consistently.
Documentation: Maintain thorough records of the screening process, including applications, reports, communication, and your decision-making process. This documentation serves as your defense against potential discrimination claims.
Local Ordinances: Familiarize yourself with local ordinances in your area as they may impose additional restrictions on tenant screening, particularly regarding criminal background checks and source of income.
Professional Services: Consider using a reputable tenant screening service that stays updated on the latest legal requirements and helps ensure compliance with fair housing laws.
By adhering to these guidelines, landlords in California can conduct fair and legal tenant screening processes, minimize legal risks, and find qualified tenants for their properties.