Landlord Question and Answer Forum

can I request that married couple only rent? or Older individuals? Can I decline individuals of the opposite sex not married?

The Federal Fair Housing Acts (42 U.S. Code §§ 3601–3619) prohibit discrimination on the basis of race or color, religion, national origin, gender, familial status (having children and pregnancy), and physical or mental disability. Marital status is not one of the protected categories under federal law. (Public housing is an exception. Several courts have interpreted federal law to protect unmarried couples from discrimination there.) State law is not much better. The majority of states don’t have any legal provisions protecting people from discrimination based on marital status, meaning landlords may legally ask questions about your relationship and may refuse to rent to you if you are an unmarried couple. The federal Fair Housing Acts do not expressly ban discrimination based on age. Nevertheless, it is definitely forbidden under the broader prohibition against discrimination on the basis of familial status.¿ A landlord cannot refuse to rent to an older person or impose special terms and conditions on the tenancy unless these same standards are applied to everyone else.

Posted by Dawn A, WI on Sunday, July 29, 2012

This house is in Okla. It is 3 bdrms but it's small about 1095 sq ft. Is it legal to put on the application recommended occupancy as below states. We don't want to discriminate but the house is too small for more ppl. Please advise if below is legal. Thanks. List names, ages & relationship of occupants other than Applicant(s): The max of two adults and two children are the recommended occupancy. Name ___________________________ Age___ Relationship______________________ Name ___________________________ Age___ Relationship______________________ Name ___________________________ Age___ Relationship______________________ Name ___________________________ Age___ Relationship______________________ No other individuals shall occupy the premises other than those named above.

Posted by Laura T, OK on Monday, July 30, 2012

Why would you want to limit your offering?

Posted by Bob R, CA on Wednesday, August 1, 2012