Property owners often ask us "What can't I screen for?" when reviewing rental applications. Understanding these legal limitations is essential to protecting both your investment and your legal standing. At CRI Properties, we help owners navigate tenant screening while staying within fair housing guidelines.
Legal Limitations on Tenant Screening
Federal fair housing laws establish clear boundaries regarding what I can't screen for during the tenant selection process. With over 25 years of property management experience, CRI Properties provides owners with the guidance they need to understand these critical restrictions while maintaining effective screening practices.
Protected Classes Under Federal Law
The Fair Housing Act establishes clear rules about what can't I screen for in rental applications. You can’t reject applicants based on::
Race
Color
National origin
Religion
Sex
Familial status
Disability
Property owners must evaluate all applicants using the same objective criteria.
Understanding Familial Status Protection
Many owners don't realize familial status protection extends beyond just parents with children. It covers pregnant women, people securing legal custody of children, and families with children under 18. You can't screen out applicants based on their family makeup or deny housing because children will live in the unit.
Professional vs. Personal Questions
Tenant screening should focus on professional, objective qualifications. Asking personal questions about topics such as family planning, marital status, or religious practices crosses legal boundaries.
At CRI Properties, our standardized application process emphasizes financial stability, rental history, and other relevant factors. We also maintain detailed records of every screening decision to demonstrate consistent and fair evaluation of all applicants, protecting property owners from discrimination claims.
Source of Income Considerations
When property owners ask, “What can’t I screen for?” they are often surprised to learn that income source discrimination is prohibited in many areas. Some states and municipalities have specific regulations that prevent screening based on income sources such as:
Social Security benefits
Housing vouchers
Alimony
Other legal sources of income
At CRI Properties, we help property owners focus on verifying sufficient income levels without discriminating against the source. This approach ensures financial qualification while maintaining compliance with fair housing laws.
Medical and Disability Screening Limits
The law prohibits asking about specific medical conditions or disabilities during screening. However, you can verify an applicant's ability to fulfill lease terms and pay rent. At CRI Properties, we assist property owners in balancing these legal requirements with obligations to provide reasonable accommodations for tenants with disabilities.
Criminal History Screening Guidelines
Recent changes in housing laws have placed increased scrutiny on blanket bans against applicants with criminal records. Our screening process evaluates an applicant's history on a case-by-case basis, taking into account factors such as:
Time passed since the offense
Nature and severity of the crime
Evidence of rehabilitation
Current qualifying factors
Social Media and Personal References
While social media might seem like a useful tool for screening tenants, it often exposes protected characteristics such as race, religion, or familial status. Relying on this information can lead to unconscious bias or even discrimination claims.
Instead, CRI Properties focuses on verified rental history, objective references, and other legally compliant screening methods to identify qualified tenants.
Navigating Special Cases
Some situations need extra care in screening. Senior housing communities have specific exemptions affecting what I can't screen for in their tenant selection process. Our team guides owners through these complex scenarios while maintaining fair housing compliance.
The CRI Properties Approach
We've developed screening procedures focusing on legal, relevant criteria:
Current income and employment verification
Rental payment history
Property care track record
Lease compliance history
Objective reference checks
Professional Guidance Matters
Understanding screening limitations protects your investment and legal standing. CRI Properties brings decades of experience navigating fair housing requirements in Eastern North Carolina. Our professional team keeps your tenant selection process effective and compliant.
Contact CRI Properties Today
Need help creating a fair, effective screening process? Call CRI Properties at (910) 455-2860 or visit our office at 829 Gum Branch Rd # A, Jacksonville, NC 28540. Let our experienced team guide you through tenant screening while protecting your legal interests.
Smart tenant screening balances thorough evaluation with legal compliance. Trust CRI Properties to help you maintain high standards while following fair housing laws.
