Tenant Screening Laws by State: The Landlord’s Compliance Map
Tenant screening runs on a federal floor of the FCRA and the Fair Housing Act, but every state and many cities add their own layer. This hub explains the rule categories every landlord must check, then links a screening guide for all 50 states and the District of Columbia.
Screening a renter anywhere in the United States starts from the same two federal laws and then bends to the state and the city the property sits in. The federal process is constant; the state and local overlay is what changes, and missing one local rule is how an otherwise careful landlord ends up with a fair housing complaint or a refunded screening fee they did not expect.
This guide does two things. First, it explains the categories of state and local screening rules so you know what to look for in any jurisdiction. Second, it gives you a 50-state-plus-DC table that links a dedicated screening-law guide for each state. If you are new to the process itself, our walkthrough of how to screen tenants step by step pairs naturally with the rules below.
Video: a plain-language walkthrough of how state and local screening laws layer on top of the federal FCRA and Fair Housing Act floor.
Key Takeaways: Tenant Screening Laws by State
- Federal law is the floor, not the ceiling. The FCRA and the Fair Housing Act apply everywhere; states and cities add requirements on top that are almost always additional, never substitutes.
- Five recurring state-and-local categories: source-of-income protection, fair-chance criminal-history limits, eviction-record restrictions, application-fee caps, and credit-use limits, plus state-specific disclosures.
- City law often goes further than state law, so a clean state-level check is not enough; confirm your county and city ordinances too.
- One screening structure, fifty overlays. Keep the federal core constant and apply each state’s rules from the table below, where every state and DC links to its own guide.
The Two-Layer Structure: Federal Floor, State and Local Additions
Every tenant screening decision in the United States sits on top of two federal laws. The Fair Credit Reporting Act governs how you obtain and act on a consumer report, including the written authorization you must collect and the adverse action notice you must send. The Fair Housing Act prohibits discrimination on the basis of its seven protected classes: race, color, national origin, religion, sex, familial status, and disability.
Those set the national floor. Then states build on top, and within states, cities and counties build further still. The critical principle for landlords is that state and local rules are almost always additional requirements, not replacements. Complying with the FCRA does not excuse you from your state’s screening-fee cap, and complying with your state law does not excuse you from a stricter city ordinance.
That is why a landlord with properties in several places cannot run one screening policy everywhere. The federal process stays constant; the state and local overlay changes with the property’s location, which is exactly what the table further down this page is built to help you manage.
The FCRA: Permissible Purpose and Adverse Action
Pulling a screening report on an applicant is lawful because tenant screening is a permissible purpose under the Fair Credit Reporting Act, but only when you have the applicant’s written authorization and a genuine rental transaction. You may use the report only to evaluate that applicant for housing; using it for anything else, or pulling it without consent, is exactly the kind of misuse the FCRA was written to stop.
The other half of the FCRA duty is adverse action. Whenever information in a consumer report contributes, in whole or in part, to a denial or to less favorable terms, such as a higher deposit or a required co-signer, you must give the applicant an adverse action notice. That notice names the screening company, states clearly that the company did not make the decision, and tells the applicant they have the right to a free copy of the report and the right to dispute anything inaccurate in it. Our adverse action notice guide walks through the required elements, and several states add content on top of the federal baseline.
Category 1: Source-of-Income Protection
One of the fastest-growing categories of state and local law is source-of-income protection, which means a landlord cannot refuse an applicant solely because their lawful income comes from a particular source. Most commonly the protected source is a Housing Choice Voucher (Section 8), but the protection often also reaches Social Security, disability income, veterans’ benefits, child support, and other lawful non-wage income.
Why This Trips Up Landlords
In a jurisdiction with source-of-income protection you can still verify that income is real, lawful, and sufficient. What you cannot do is reject an applicant because the income is a voucher or a benefit rather than wages. A common trap is applying a flat “3x the full rent” income standard to a voucher holder who only needs to cover their own portion of rent, which can itself be a prohibited practice. See our income verification guide for a compliant way to confirm income.
As of 2026, roughly twenty states have statewide source-of-income protection and a large and growing number of cities and counties have their own ordinances. This is a category where city law frequently exists even when state law does not, so the local level always deserves a separate check.
Category 2: Criminal History and Fair-Chance Rules
How criminal history may be used in screening is in a period of real change at the federal level. On November 26, 2025, HUD rescinded its earlier guidance documents on the use of criminal and arrest records in housing, including the 2016 Office of General Counsel guidance and the 2022 follow-up, and in January 2026 HUD proposed removing its disparate-impact regulation altogether. None of that repeals the Fair Housing Act itself, and courts continue to apply disparate-impact analysis under the statute, so a blanket criminal screen still carries fair housing risk even with the guidance withdrawn.
On top of the federal picture, a growing number of states and cities have enacted specific fair-chance housing laws that go further. They vary widely but commonly include some combination of:
- Timing limits that bar a criminal-history inquiry until after a conditional offer, or until later in the screening process.
- Lookback limits that restrict how far back you may consider convictions.
- Individualized assessment requirements that make you weigh the nature, age, and relevance of an offense instead of applying a blanket ban.
- Exclusion of certain records such as arrests not leading to conviction, sealed or expunged records, and juvenile records.
- Notice and appeal rights that require telling the applicant what record drove the decision and giving them a chance to respond.
Blanket Criminal Bans Are High-Risk
A flat “no one with any criminal record” policy is one of the most legally exposed positions a landlord can take. It invites disparate-impact exposure under the Fair Housing Act, which remains in force regardless of the withdrawn HUD guidance, and where a state or city fair-chance law applies, blanket bans are often directly prohibited. Individualized assessment is the defensible approach.
Category 3: Eviction-Record Restrictions
Eviction filings are a standard part of tenant screening reports, but a number of states and cities now restrict how those records may be used. The common restrictions in this category are:
- Lookback limits that bar consideration of eviction filings older than a set number of years.
- A filing-versus-judgment distinction that restricts use of eviction filings which did not result in a judgment against the tenant, or that were dismissed or settled.
- Sealed-record rules under which some jurisdictions seal certain eviction records, making them unavailable for screening.
- Pandemic-era protections, since several jurisdictions enacted lasting rules around evictions filed during specific periods.
The underlying concern these laws address is that an eviction filing is not the same as a tenant who did something wrong. Cases are filed and then dismissed, settled, or decided for the tenant, so jurisdictions with these rules require landlords to look at the outcome and the age of the record, not just its existence.
Category 4: Application-Fee Caps and Screening-Fee Rules
Many states regulate what a landlord may charge an applicant for screening, and what must happen to that money. The rules cluster into a few predictable shapes.
Fee caps: some states cap the application or screening fee at a fixed dollar amount, or limit it to the landlord’s actual out-of-pocket screening cost. Actual-cost rules: some require the fee to reflect the genuine cost of screening rather than serve as a profit center, with any excess refunded. Receipt and disclosure: some require an itemized receipt, disclosure of the screening company used, or a copy of the report to the applicant. Refund rules: some require refunding the fee if the unit is filled before the applicant is screened, or if screening never occurs.
Why applicant-paid screening simplifies this. When the applicant pays the screening company directly for their own report, much of the fee-handling complexity disappears, because the landlord is not collecting, holding, and accounting for screening money. It does not remove the need to know your state’s rules, but it removes a common source of fee-handling violations.
Category 5: Credit-Information Use Limits and Disclosures
Credit-based screening is lawful under federal law, but a growing number of jurisdictions place limits on how credit information may be used in housing decisions. Rules in this category can include restrictions or prohibitions on using credit scores for applicants who use housing assistance, requirements to consider credit information in context rather than applying a hard cutoff, requirements to let applicants provide explanatory information about negative items, and an interaction with source-of-income protection, where a credit standard cannot be used as an indirect way to screen out voucher holders.
Beyond credit, many states impose disclosure and notice obligations of their own. These can include requiring landlords to give applicants the screening criteria in advance, adding state-specific content to the adverse action notice beyond the federal elements, granting report-copy rights, requiring acceptance of a recent reusable report the applicant already paid for, and mandating a state-specific notice of applicant rights. For the principles behind credit-based screening and why the full report matters more than the score, see our minimum credit score guide.
Tenant Screening Laws by State: All 50 States and DC
Use the table below as your jump-off point. Each state links to a dedicated guide covering how that state layers its source-of-income, fair-chance, eviction-record, fee, and disclosure rules on top of the federal floor. Pick the state your property sits in, then confirm any city or county ordinance, because local law in these categories frequently goes further than the state.
How to Build a Compliant Multi-Jurisdiction Process
If you operate in more than one state, or even more than one city, the goal is a process that stays consistent in its structure while correctly applying each location’s overlay. The federal framework of consistent criteria, proper authorization, adverse action notices, and documentation is what makes any screening process defensible; the state and local overlay is what keeps it lawful in your specific location, and you need both.
Do
- ✓Build the core process on the federal floor: FCRA authorization, consistent written criteria, and adverse action notices.
- ✓Research the five categories above for every jurisdiction, plus state-specific disclosures.
- ✓Check city and county law, not just state, because local ordinances frequently go further.
- ✓Keep a written screening policy per jurisdiction with the same structure and a location-specific overlay.
- ✓Review your policies at least annually and have a local attorney review each state you operate in.
Avoid
- ✕Running one screening policy in every state and assuming the federal process covers you.
- ✕Applying a blanket criminal or eviction-filing ban that invites disparate-impact exposure.
- ✕Rejecting voucher or benefit income where source-of-income protection applies.
- ✕Treating the screening fee as a profit center where actual-cost or cap rules apply.
- ✕Stopping at state law and ignoring a stricter city or county ordinance.
Tenant Screening Laws by State: FAQ
Do federal screening laws or state screening laws control?
Both, because they layer. The Fair Credit Reporting Act and the Fair Housing Act set the national floor, and state and local laws add requirements on top. State and local rules are almost always additional, not substitutes: complying with federal law does not excuse you from a state fee cap, and complying with state law does not excuse you from a stricter city ordinance. You must satisfy every applicable layer.
What is source-of-income protection?
It is a state or local law prohibiting a landlord from refusing an applicant solely because their lawful income comes from a particular source, most often a Section 8 Housing Choice Voucher, but frequently also Social Security, disability, veterans’ benefits, or child support. You can still verify the income is real and sufficient; you just cannot reject it for being non-wage income. Roughly twenty states and many cities and counties have these laws as of 2026.
Can I refuse to rent to anyone with a criminal record?
A blanket “no criminal record” policy is one of the most legally exposed positions a landlord can take. Although HUD rescinded its 2016 and 2022 criminal-records guidance in November 2025 and in January 2026 proposed removing its disparate-impact rule, the Fair Housing Act itself is unchanged and courts still apply disparate-impact analysis, so a blanket ban remains risky. Many states and cities also have fair-chance housing laws that restrict or prohibit blanket bans. Individualized assessment is the defensible approach.
Are there limits on using eviction records in screening?
In a growing number of states and cities, yes. Common restrictions include lookback limits that bar consideration of filings older than a set number of years, distinctions between eviction filings and actual judgments that restrict use of dismissed or settled cases, and sealed-record rules. The principle is that an eviction filing is not proof the tenant did something wrong, so outcome and age matter.
How much can I charge for a rental application fee?
It depends on your state. Many states cap the screening fee at a fixed amount or limit it to the landlord’s actual screening cost, and some require itemized receipts or refunds in certain circumstances. Applicant-paid screening, where the applicant pays the screening company directly, reduces much of this fee-handling complexity, but you still need to know your state’s rules.
Do I have to give applicants my screening criteria?
In some states, yes. They require landlords to disclose screening criteria to applicants, sometimes in advance. Some states also require providing a copy of the screening report, accepting a recent reusable report the applicant already paid for, or including state-specific content in the adverse action notice. Check your specific state’s disclosure requirements.
What is the FCRA permissible purpose for tenant screening?
Tenant screening is a permissible purpose under the Fair Credit Reporting Act when you have the applicant’s written authorization and a genuine rental transaction. You must use the report only for evaluating the applicant for housing, and you must send an adverse action notice whenever information in a consumer report contributes, in whole or in part, to a denial or to less favorable terms.
I have properties in several states. Do I need a different screening process for each?
Your core process should stay consistent, built on the federal floor of FCRA authorization, consistent written criteria, and adverse action notices. What changes per jurisdiction is the overlay: source-of-income rules, fair-chance criminal limits, eviction-record restrictions, fee caps, credit-use limits, and disclosure requirements. Maintain a written screening policy per jurisdiction with the same structure and a location-specific overlay, and have a local attorney review each one.
Related Tenant Screening and Compliance Guides
- FCRA landlord guide – authorization, permissible purpose, and adverse action.
- Fair Housing Act guide – the seven protected classes and disparate impact.
- How to screen tenants – the step-by-step screening process.
- Adverse action notice – the required notice when a report drives a denial.
- Verify tenant income – confirm income without an unlawful voucher standard.
- Minimum credit score – why the full report beats a single score.
- Accept or reject applications – making the decision defensibly.
Screen Consistently Across Every Jurisdiction
Order FCRA-ready credit, criminal, and eviction reports that give you the same complete data set wherever your properties are, so your process stays consistent while you apply each state’s rules.
Published by Tenant Screening Background Check · Editorial Team
Established 2004. Our editorial team has spent two decades helping landlords and property managers run lawful, FCRA-compliant tenant screening across all 50 states and the District of Columbia. We translate state landlord-tenant codes and federal screening rules into processes you can actually follow.
Legal Disclaimer
This page provides a general overview of the categories of state and local tenant screening law as of 2026. It is not a jurisdiction-by-jurisdiction legal reference, and it is not legal advice. Tenant screening laws change frequently, and city and county ordinances often impose stricter requirements than state law. Federal guidance is also in flux: HUD rescinded its criminal-records guidance in November 2025 and proposed removing its disparate-impact rule in January 2026, while the Fair Housing Act itself remains in force. Confirm the current rules for your specific jurisdiction with your state landlord-tenant statutes, your local housing authority, and a licensed attorney in your area. Reading this page does not create an attorney-client relationship.
