⚖️ Tenant Screening Laws by State
Complete Guide to What Landlords Can & Cannot Screen For: Criminal Background Restrictions, Source of Income Laws, Application Fees & FCRA Compliance
📑 What’s Covered in This Guide
Tenant Screening Laws by State Comparison
Each state has different rules governing what landlords can consider when screening tenants. This comprehensive table covers criminal background restrictions, source of income protections, application fee limits, and other key screening regulations. Always verify current local ordinances as many cities have stricter requirements than state law.
Watch Overview| State | Criminal Record Limits | Source of Income | App Fee Limit | Credit Check | Eviction Record | Adverse Action |
|---|---|---|---|---|---|---|
| Alabama | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Alaska | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Arizona | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Arkansas | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| California | Strict limits | Protected | ~$60 max | Allowed | Limited | FCRA + state |
| Colorado | Some limits | Protected | No limit | Allowed | Limited | FCRA req’d |
| Connecticut | Some limits | Protected | No limit | Allowed | Allowed | FCRA req’d |
| Delaware | No limits | Protected | No limit | Allowed | Allowed | FCRA req’d |
| Florida | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Georgia | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Hawaii | Some limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Idaho | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Illinois | Strict limits | Protected | No limit | Allowed | Limited | FCRA + state |
| Indiana | No limits | Protected | No limit | Allowed | Allowed | FCRA req’d |
| Iowa | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Kansas | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Kentucky | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Louisiana | Some limits | Protected | No limit | Allowed | Allowed | FCRA req’d |
| Maine | Some limits | Protected | No limit | Allowed | Allowed | FCRA req’d |
| Maryland | Some limits | Protected | $25 max | Allowed | Allowed | FCRA req’d |
| Massachusetts | Strict limits | Protected | Lock + key only | Allowed | Limited | FCRA + state |
| Michigan | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Minnesota | Some limits | Protected | No limit | Allowed | Limited | FCRA + state |
| Mississippi | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Missouri | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Montana | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Nebraska | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Nevada | Some limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| New Hampshire | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| New Jersey | Strict limits | Protected | No limit | Allowed | Limited | FCRA + state |
| New Mexico | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| New York | Strict limits | Protected | $20 max | Allowed | Limited | FCRA + state |
| North Carolina | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| North Dakota | No limits | Protected | No limit | Allowed | Allowed | FCRA req’d |
| Ohio | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Oklahoma | No limits | Protected | No limit | Allowed | Allowed | FCRA req’d |
| Oregon | Strict limits | Protected | Actual cost | Allowed | Limited | FCRA + state |
| Pennsylvania | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Rhode Island | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| South Carolina | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| South Dakota | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Tennessee | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Texas | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Utah | No limits | Protected | No limit | Allowed | Allowed | FCRA req’d |
| Vermont | Some limits | Protected | No limit | Allowed | Allowed | FCRA req’d |
| Virginia | Some limits | Protected | $50 max | Allowed | Allowed | FCRA req’d |
| Washington | Strict limits | Protected | Actual cost | Allowed | Limited | FCRA + state |
| West Virginia | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Wisconsin | Some limits | Not protected | $25 max | Allowed | Allowed | FCRA req’d |
| Wyoming | No limits | Not protected | No limit | Allowed | Allowed | FCRA req’d |
| Washington D.C. | Strict limits | Protected | Actual cost | Allowed | Limited | FCRA + local |
Note: Local jurisdictions (cities/counties) may have stricter requirements than state law. Always verify current regulations for your specific property location.
Criminal Background Check Restrictions
An increasing number of states and cities have enacted “Ban-the-Box” and “Fair Chance Housing” laws that limit when and how landlords can consider criminal history. These laws aim to reduce barriers to housing for people with criminal records while still allowing landlords to protect their properties and other tenants.
Strictest Criminal Record Laws
8 states + D.C.These states significantly limit when landlords can consider criminal history, often requiring individualized assessments and prohibiting blanket bans.
Some Criminal Record Limits
10 statesThese states have partial restrictions, often limiting lookback periods or requiring consideration of rehabilitation evidence.
📋 Common Criminal Record Restrictions
Lookback Period Limits
Many states limit how far back landlords can look—often 5-7 years for convictions. Arrests without conviction often can’t be considered at all.
Individualized Assessment
Required in strict states. Must consider: nature/severity of crime, time elapsed, evidence of rehabilitation, and relevance to tenancy.
No Blanket Bans
Cannot have policies like “no felons” or “no criminal history.” Must evaluate each applicant individually based on specific circumstances.
Written Denial Required
Must provide specific reasons for denial and opportunity to dispute. Get rejection letter template →
Sealed/Expunged Records
Most states prohibit considering sealed, expunged, or juvenile records. Screening reports should not include these.
Conditional Approval
Some laws allow making a conditional offer before running criminal check. Get conditional acceptance form →
⚠️ HUD Guidance on Criminal Records
Even in states without criminal record restrictions, HUD has issued guidance that blanket criminal record bans may violate the Fair Housing Act due to disparate impact on protected classes. Landlords should use individualized assessments and consider only convictions directly related to tenancy concerns.
Source of Income Protection Laws
Source of Income (SOI) discrimination laws prohibit landlords from rejecting applicants solely because they use housing vouchers (Section 8), disability benefits, child support, or other lawful income sources to pay rent. These protections have expanded significantly in recent years.
States with SOI Protection
21 states + D.C.Landlords in these states cannot refuse tenants based on lawful source of income, including housing vouchers.
Cities with SOI Protection
100+ citiesMany cities have local SOI protections even where state law doesn’t require it.
💳 What Counts as “Source of Income”?
Housing Vouchers (Section 8)
Federal housing choice vouchers, VASH vouchers for veterans, project-based vouchers, and similar rental assistance programs.
Disability Benefits
Social Security Disability (SSDI), Supplemental Security Income (SSI), VA disability compensation, and state disability programs.
Child/Spousal Support
Court-ordered child support, alimony, or maintenance payments that can be verified as consistent income.
Retirement Benefits
Social Security retirement, pensions, 401(k) distributions, and other retirement income sources.
Student Financial Aid
Scholarships, grants, student loans used for housing, GI Bill housing allowance, and stipends.
Any Lawful Income
Self-employment, freelance work, trust funds, investment income, settlements, and any other legal source.
You Can Still Verify Income Amount
SOI laws don’t prevent income verification—only discrimination based on the source. You can still require applicants to meet income thresholds (e.g., 3x rent) using an income verification form. Just apply the same standards regardless of where the income comes from.
Application Fee Limits by State
Some states limit how much landlords can charge for rental application fees. These limits typically restrict fees to the actual cost of obtaining screening reports, while others set fixed dollar caps. Where no limit exists, landlords should still charge reasonable fees to avoid tenant complaints.
States with Application Fee Limits
16 statesThese states cap application fees at specific amounts or actual screening costs.
No Limit States
34 statesNo state-level cap on application fees, but market rates and reasonableness apply.
Fee Disclosure Requirements
Many states require landlords to disclose application fee amounts upfront and provide receipts. In California, landlords must give applicants an itemized receipt showing the cost of each screening service. Use our application fee authorization form to document consent and fees charged.
Fair Housing Protected Classes
The federal Fair Housing Act prohibits discrimination based on seven protected classes. Many states and cities add additional protected classes. Landlords must apply screening criteria equally to all applicants regardless of protected class membership.
🏛️ Federal Protected Classes (All 50 States)
🏛️ Additional State Protected Classes
Sexual Orientation & Gender Identity
Protected in 23+ states including CA, CO, CT, DE, HI, IL, IA, ME, MD, MA, MN, NV, NH, NJ, NM, NY, OR, RI, VT, WA, and D.C.
Age
Protected in many states (except for senior housing exemptions). Can’t refuse tenants for being “too young” if adults.
Marital Status
Protected in about 20 states. Can’t refuse unmarried couples or require marriage for joint tenancy.
Military/Veteran Status
Protected in several states. Includes active duty, reserves, and veterans. Can’t refuse BAH as income.
Source of Income
Protected in 21 states + D.C. (see SOI section). Includes housing vouchers, benefits, alimony.
Genetic Information
Protected in some states. Can’t consider genetic testing or family medical history.
🚫 What You Cannot Ask on Applications
Do not ask about: race, religion, national origin, age (except to verify adult status), marital status (in protected states), number/ages of children (except for occupancy limits), disabilities (except when applicant requests accommodation), immigration status (with some exceptions), or plans to have children. Use our compliant rental application to avoid fair housing violations.
Adverse Action Notice Requirements
When you deny an applicant based on information from a credit report or background check, federal law (FCRA) requires you to provide an “adverse action notice.” Some states have additional requirements beyond the federal baseline.
📋 What Must Be Included in Adverse Action Notice
Consumer Reporting Agency Info
Name, address, and phone number of the agency that provided the report. Get adverse action template →
Right to Dispute
Statement that the applicant can dispute the accuracy of the report with the reporting agency.
Free Report Rights
Statement that applicant can get a free copy of the report within 60 days from the agency.
Agency Didn’t Make Decision
Statement that the reporting agency didn’t make the adverse decision and can’t explain why.
Reason for Denial (Some States)
States like CA, NY, WA require specific reasons for denial, not just FCRA disclosures.
Credit Score Disclosure
If credit score was used, must disclose score and factors. See credit code guide →
Pre-Adverse Action for Criminal Records
In strict states (CA, IL, NY, WA), before denying based on criminal history, you must send a “pre-adverse action” notice giving the applicant a chance to dispute or explain. Only after this waiting period (often 5+ business days) can you send the final adverse action notice.
FCRA Compliance Requirements
The Fair Credit Reporting Act (FCRA) is a federal law that governs how consumer reports (credit reports, background checks) can be obtained and used. All landlords in all 50 states must comply with FCRA when using screening reports.
✅ FCRA Requirements for Landlords
- Get written consent: Before running any credit or background check, you must get written permission from the applicant using a screening authorization form
- Have a permissible purpose: Must be evaluating applicant for housing (which qualifies under FCRA)
- Use a compliant screening company: Work with a consumer reporting agency that follows FCRA procedures
- Provide adverse action notices: If you deny based on the report, follow proper adverse action procedures
- Securely dispose of reports: Shred or securely delete reports when no longer needed
- Don’t share reports: Reports can only be used for the stated purpose by authorized parties
⚠️ FCRA Penalties Can Be Severe
Willful FCRA violations can result in statutory damages of $100-$1,000 per violation, actual damages, punitive damages, and attorney’s fees. Class action lawsuits against landlords for FCRA violations have resulted in multi-million dollar settlements. Always use proper authorization forms and adverse action notices.
Tenant Screening Best Practices
Follow these best practices to ensure legal compliance while effectively screening tenants for your rental property.
📝 Before Screening
- Establish written criteria: Document your tenant selection criteria before receiving any applications
- Use consistent standards: Apply the same criteria to every applicant regardless of protected class status
- Know your local laws: Check both state AND local requirements for your property location
- Use compliant applications: Our rental application avoids illegal questions
🔍 During Screening
- Get written authorization: Use our FCRA-compliant authorization form
- Verify all income sources equally: Use income verification forms regardless of income type
- Contact previous landlords: Use our landlord reference form for consistent questions
- Document everything: Keep records of all applications and screening decisions
- Use professional screening: Professional screening services ensure FCRA compliance
📋 After Screening
- Approve qualified applicants promptly: Use our acceptance letter
- Provide proper adverse action notices: Use our rejection letter template
- Allow opportunity to dispute: Give applicants time to respond before final decision in strict states
- Securely dispose of reports: Shred physical copies, securely delete digital files
First-In-Time Rules
Some jurisdictions (Seattle, Portland, others) have “first-in-time” rules requiring landlords to screen applicants in the order applications are received and accept the first qualified applicant. Check if your area has this requirement.
Screening Forms & Resources
📚 Related Guides
🔍 Run Compliant Tenant Screening
Our FCRA-compliant screening includes credit reports, criminal background checks, and eviction history. Get the information you need while staying legal.
📋 Legal Disclaimer
The tenant screening law information on this page is provided for educational and informational purposes only and does not constitute legal advice. Fair housing and tenant screening laws vary by state, county, and city, and are subject to frequent change. Local ordinances may impose additional requirements beyond state and federal law. While we strive to maintain accurate and current information, we recommend consulting with a licensed attorney or fair housing specialist before establishing screening policies. This data was last verified in 2025. Use of this information is at your own risk.
