Screening tenants in Florida without breaking fair housing law

Who is protected

The federal Fair Housing Act, at 42 U.S.C. 3604, makes it illegal to refuse to rent, set different terms, or claim a home is taken when it isn't, because of race, color, religion, sex, familial status, national origin or disability. Florida's Fair Housing Act, at section 760.23, covers the same ground. Familial status means households with children under 18, including a pregnant applicant, so an adults-only rule for an ordinary rental is out.

Two South Florida counties go further. Miami-Dade and Broward ordinances bar refusing a tenant because the rent comes from a housing voucher or another lawful source of income. Whether Florida's 2023 preemption of local landlord-tenant rules reaches these fair housing ordinances hasn't been settled, so the safe course is to follow them. Voucher tenancies are covered in accepting housing vouchers.

The exemption most owners lose

Section 3603(b) exempts an owner renting a single-family house who owns no more than three such houses, and an owner who lives in a building of up to four units and rents the others. The single-family exemption holds only if you rent without using a real estate broker or agent's services. List with any licensed agent, including Rentvana, and the full act applies.

No exemption covers ads. Section 3604(c) bans any notice or statement that indicates a preference based on a protected class, from every landlord. "Perfect for a single professional" and "no kids" are the classic mistakes. Describe the home, not the tenant you picture in it.

Write the criteria before the first showing

• Income: the multiple of rent you require, and what counts (pay stubs, offer letters, benefits, voucher payments)
• Rental history: how many years, what references you call, which evictions or judgments disqualify
• Credit: a minimum score, or the specific items that matter, such as unpaid landlord debt
• Occupancy: a reasonable limit tied to the home, not to who is in the household
• Pets: your policy, with assistance animals handled as accommodation requests, not pets
• Order: applications reviewed in the order complete ones arrive

Give the same written criteria to every applicant and keep each file for a while after you decide. If anyone ever questions a decision, the file shows you applied one standard to everyone.

Credit reports and adverse action

Under the Fair Credit Reporting Act, you can pull a consumer report on someone who applies to rent or renew, and you certify it's for housing. If the report plays any part in a decision that goes against the applicant, the FTC's guidance says you owe an adverse action notice. That includes a denial, a demand for a co-signer, a bigger deposit or higher rent than another applicant would pay.

• The screening company's name, address and phone number
• A statement that the company didn't make the decision and can't explain it
• The applicant's right to a free copy of the report if requested within 60 days, and to dispute errors
• If you used a credit score, the score, its range and source, and the key factors that hurt it

When you are done with a report, shred the paper and delete the files securely. The FTC treats careless disposal as a violation too.

Criminal records and disability requests

The FTC's landlord guidance warns that a blanket policy of refusing anyone with a criminal record may violate the Fair Housing Act. If you look at records at all, tie the rule to what matters for the safety of people and property, and look at the offense and how long ago it happened.

An applicant with a disability can ask for a reasonable accommodation, most often an assistance animal in a no-pets home. Section 760.27 sets what documentation you can ask for and bars pet fees for an approved animal. The details are in emotional support and service animals.