Tenant Screening Laws by State

No landlord wants to deal with a nightmare tenant. It’s in the best interest of your asset and yourself to fill empty units with renters who will respect your property and lease terms. Easier said than done, of course, when you throw tenant screening laws in the equation.

Tenant screening is the obvious solution for most landlords. Running credit, criminal, and eviction checks help to weed out historically problematic applicants from your pool of options. But it’s important to be careful of how you structure your application and screening processes. Many states have tenant screening laws governing what information you’re legally allowed to require, and abiding by these laws is essential for the success of your business.

Why Do Tenant Screening Laws Matter?

Failure to comply with federal, state, and local screening regulations can lead to legal penalties and lawsuits. If you request information prohibited by your state or local laws, you run the risk of discrimination allegations, lawsuits, and legal penalties. Some states don’t allow landlords to reject applicants based on their criminal history, for example, so running those checks would be against the law.

Federal Tenant Screening Laws

There are a number of federally enforced tenant screening regulations that all landlords, no matter the state, must follow. They include the following:

Federal Fair Housing Act (FHA):

The FHA prohibits discrimination in housing and employment opportunities across seven protected classes:

• • Race
  • Color
  • Religion
  • Gender
  • National origin
  • Familial status
  • Disability

Discriminatory practices may occur when:

• • Accepting or denying tenant applications
  • Choosing the methods used to screen tenants
  • Advertising units
  • Writing listings
  • Deciding to increase rent
  • Allocating rent credits or discounts
  • Providing maintenance and service to the property
  • Evicting tenants

Fair Credit Reporting Act (FCRA)

Under the FCRA, landlords must take the proper steps to protect the credit information of tenants and applicants. This includes not sharing the information with unrelated parties, investigating disputed information, and properly disposing of reports. Under this law, you must also inform applicants if the reason for denial was their credit score.

To abide by these laws, it’s best to set a screening process and stick to it. Discrimination isn’t always explicit: Requiring criminal history checks for certain applicants and not for others may be considered discrimination, for example. Create a uniform screening criteria that you use for all tenants to avoid accusations.

Tenant Screening Laws by State

Knowing exactly what you are and aren’t allowed to ask during tenant screening is crucial, which can be tricky since laws vary by state.

To get an idea of what your state does and doesn’t permit, check out our breakdown in the following section. For additional information, be sure to visit your the website of your state’s fair housing commission.

Alabama

Alabama landlord tenant laws do not specify any additional screening regulations, but they do reiterate federally enforced discrimination laws in AL Code § 24-8-4.

Alaska

The Alaska Human Rights Law (AS § 18.80.240) puts further anti-discriminatory regulations in place for landlords in the state. It prevents housing discrimination on the basis of:

• Marital status
• Pregnancy
• Ancestry
• Parenthood

Arizona

Arizona law specifies that it does not prohibit discrimination on the basis of a person having been convicted of the illegal manufacture or distribution of a controlled substance (ARS 41-1491.14).

Arkansas

There are currently no additional tenant screening laws in Arkansas, so landlords should refer to national-level regulations.

California

If you’re a landlord in the Golden State, there are quite a few landlord tenant laws you should be aware of. Specifically, California tenant screening laws include the Fair Employment and Housing Act and the Unruh Civil Rights Act (in addition to Cal. Gov. Code § 12955-12956.2, which mainly reiterates federal regulations). These acts add a number of protected classes:

• Sexual orientation
• Gender identity/expression
• Ancestry
• Marital status
• Veteran/military status
• Source of income
• Genetic information
• Pregnancy
• Age
• Primary language
• Citizenship/immigration status
• Pregnancy

The Unruh Civil Rights act was also expanded in 2025 to include hair texture and protective hairstyles in the context of racial discrimination. California Senate Bill 1137 also prohibits intersectional discrimination that results from the combination of two or more protected classes.

State law allows landlords to use criminal background checks in their screening process so long as the applicant’s convictions are “directly related” to their ability to be a reliable tenant or pay rent (Cal. Code Regs. Tit. 2, § 12264-12271). However, some cities and counties do prohibit checking an applicant’s criminal records, so it’s important to check local laws before beginning the screening process.

Colorado

There are a few Colorado tenant screening laws to keep in mind as a landlord in the state. In addition to federal protections, Colorado’s fair housing laws ((CRS § 24-34-502(1)(a)(I)) add the following protected classes:

• Sexual orientation
• Gender identity
• Gender expression
• Marital status
• Veteran or military status
• Ancestry

Per CRS § 38-12-904(1)(b), landlords may check the consumer reports of applicants, but they may not consider rental or credit history over seven years prior to the rental application. Under the same law, landlords are permitted to run criminal checks under a few stipulations. Arrest records or convictions that occurred more than five years prior may not be used in the application process, unless they are related to illegal drug distribution/manufacturing charges or a registered sex offender status.

Connecticut

In addition to federal statuses, Connecticut’s Fair Housing Act (CT Gen Stat § 46a-64c and 46a-81e) adds several more protected classes, including:

• Age
• Ancestry
• Marital status
• Sexual orientation
• Gender identity
• Lawful source of income
• Veteran status
• Status as a victim of domestic violence

Connecticut landlords may run criminal history checks on their rental applicants, but should do so with caution. The state does not allow rejections simply on the basis of criminal records—the nature, severity, and age of convictions should be considered on a case-by-case basis for each tenant (Tenant Selection: Use of Criminal Records by Landlords).

Delaware

Like many other states, Delaware law both upholds federal regulations and adds protected classes of its own under the Delaware Fair Housing Act. These classes include:

• Creed
• Age
• Marital status
• Source of income
• Sexual orientation
• Gender identity
• Victim status (survivors of domestic violence)
• Occupation
• Housing status
• Presence of a child or children in the family

With the passage of Senate Bill 293 in Delaware, the state amended their housing laws to prohibit discrimination in housing on the basis of an applicant’s income source. Specifically, landlords are now required to consider Section 8 applicants, and must have a separate reason for rejecting them outside of this status. This law will be in effect until December 31, 2028, unless repealed or extended before then.

Florida

In the state of Florida, tenants and applicants are protected under Florida Statutes. § 760.07, 760.23(6),and 760.50. They add the following protected classes:

• Pregnancy
• Age
• Marital status
• HIV/AIDS status

Additional laws may be applicable depending on the city or county your rental property is located in.

Georgia

The state of Georgia does not currently have any additional screening or housing laws in place, but federal protections are reaffirmed in OCGA § 8-3-202.

Hawaii

Hawaii state law (HRS § 515-2,HRS § 515-3) adds the following protected classes:

• Age
• Marital status
• Ancestry
• HIV status
• Sexual orientation
• Gender identity
• Income derived from public assistance or housing vouchers
• Status as a victim of domestic or sexual violence or stalking

Per Act 200, landlords are prohibited from charging tenant screening fees that exceed the actual cost of obtaining information about the applicant. Any unused portion of the fee must be refunded to the applicant within 30 days.

Idaho

There are currently no state-wide screening and housing laws in Idaho, but landlords must abide by federally enforced regulations. However, protections exist in certain cities, such as Boise, where it is illegal to discriminate on the basis of sexual orientation and/or gender identity/expression.

Illinois

In Illinois, state law (775 ILCS § 5/1-102(A)) adds the following protected classes:

• Age
• Ancestry
• Sexual orientation
• Gender identity
• Marital status
• Military status
• Domestic violence victims
• Pregnancy

Public Act 103-0840, effective in 2025, allows tenants to submit reusable credit reports on rental applications. These reports must be free for landlords, easily accessible, and created within 30 days of the application. Landlords may run their own additional credit checks, but they may not charge the tenant if they do so.

According to HB0367, Illinois landlords may only reject an applicant on the basis of a criminal history check if it reveals felony convictions, sex offender status, or proves that the applicant would threaten the health, safety, or property of others.

Indiana

Indiana does not enforce any screening laws outside of federally mandated restrictions. State law does reiterate these protections in IC § 22-9.5-5-1.

Iowa

In Iowa, the following protected classes are also recognized, per the Iowa Civil Rights Act (Iowa Code § 216.8):

• Creed
• Sexual orientation
• Gender identity
• Age (for those over 18)
• Marital status
• Public assistance or housing assistance status (e.g., Section 8)

Individuals may not face housing discrimination on the basis of these identities. Be sure to check for additional regulations on a city- and county-level.

Kansas

There are currently no additional tenant screening laws in Kansas outside of the Kansas Act Against Discrimination (KS § 44-1016), which reaffirms federal protections and adds ancestry as a protected class.

Kentucky

The state of Kentucky does not have any additional protected classes, but it does reaffirm federal protections in KRS § 344.360.

However, Kentucky House Bill 18 bans the passage of local ordinances that would require landlords to accept housing vouchers and other federal rental assistance. This means that rejecting applicants on the basis of Section 8 vouchers is protected by the state.

Louisiana

Louisiana state law restates the federally protected classes outlined by the FHA, while also adding natural, protective, and cultural hairstyles to the list (La. Rev. Stat. § 2606).

Maine

Maine state law (MRSA § 4581-A) adds the following to the federal list of protected classes:

• Sexual orientation
• Gender identity
• Ancestry
• Pregnancy

Violations may result in legal consequences, fines, or other penalties.

Maryland

The Maryland Fair Housing Law (MD Code, State Government § 20-705) adds the following protected classes

• Marital status
• Sexual orientation
• Gender identity
• Source of income
• Citizenship or immigration status

Additional regulations vary on a county- and city-level. Montgomery County, for example, heavily limits the use of criminal record information in rental applications in Bill 35-20.

Massachusetts

The state of Massachusetts also adds its own protected classes, per MGL 151B § 4, to the list of federal ones, including:

• Sexual orientation
• Gender identity or expression
• Age
• Ancestry
• Genetic information
• Marital status
• Veteran or active military status
• Source of income (including public assistance or rental subsidies such as Section 8)

Additionally, tenants in the state have been granted the ability to seal certain eviction records as part of the Affordable Homes Act (Section 52). A successful petition through the courts system will clean a tenant’s records, though take note that these are in special circumstances, such as no-fault evictions or nonpayment cases over four years prior.

Landlords in the state may refer to criminal records in their application, but should follow the Massachusetts Guide to Criminal Records in Employment and Housing for best practices when doing so.

Michigan

Michigan’s tenant screening laws are outlined in the Michigan Fair Housing Act (MCL § 37.2502) and Senate Bill 207, which amended the act. Together, they add more protected classes:

• Age
• Marital status
• Source of income (including Section 8)
  • This regulation only applies to landlords with five or more rental units

As always, more regulations may be applicable to your business depending on your city or county. The city of Ann Arbor outlines a number of additional protected classes and prevents landlords from running criminal checks on applicants in most cases.

Minnesota

The state of Minnesota adds a few protected classes under MN Stat. § 363A.09. They include:

• Marital status
• Source of income (e.g., Section 8 status)
• Sexual orientation

Criminal and eviction history checks are not prohibited on a state level. However, the state recently passed legislation (2024 Minn. Sess. Law Serv. Ch. 118, Sec. 6) that expunges certain eviction lawsuits from tenant records. This makes a tenant’s rental history less accessible to landlords in an effort to increase housing opportunities.

Mississippi

Currently, Mississippi does not regulate tenant screening on a state level. They do reaffirm federal Fair Housing Act protections in Miss. Code § 43-33-723, and county- and city-level legislation varies.

Missouri

On a state level, the Missouri Human Rights Act both restates FHA protections and adds ancestry to its list of protected classes. No other wide-reaching legislation is enacted in Missouri, but it’s always important to check local laws.

Montana

Under Montana law (MCA § 49-2-305), the following protected classes are added to aid in anti-discrimination efforts:

• Marital status
• Creed
• Age

As in all states, consistent application requirements are the key to legal compliance and avoiding discrimination allegations.

Nebraska

In the state of Nebraska, there are no additional protected classes for landlords to be aware of. Federal laws are reiterated in Neb. Stat. § 20-318, though. Citizens of the state should refer to local laws for additional guidance and tenant screening regulations.

Nevada

In addition to federal protected classes, the state of Nevada prevents discrimination on the basis of any of the following, per NRS § 118.100:

• Sexual orientation
• Gender identity/expression
• Ancestry

There are no state-wide regulations concerning credit assessments or criminal histories, but county and city laws may vary.

New Hampshire

New Hampshire landlords are prohibited from discriminating against tenants and applicants due to membership of any of the following protected classes (NHRS § 354-A:10):

• Age
• Marital status
• Sexual orientation
• Gender identity
• Source of lawful income, including housing assistance

In every single state, fair treatment of all tenants and applicants is paramount.

New Jersey

The state of New Jersey adds a number of protected classes and characteristics to those outlined in the Fair Housing Act. Enforced in NJSA § 10:5-4, they include:

• Sexual orientation
• Gender identity
• Ancestry
• Military status
• Marital status
• Source of income
• HIV/AIDS
• Pregnancy

Criminal background checks are also heavily regulated in the state by NJ Rev Stat § 46:8-55. It states that landlords generally may not inquire into an applicants criminal record prior to the provision of a conditional offer. There are two exceptions to this rule: the landlord may weigh a criminal record if the applicant has ever been convicted or drug-related criminal activity on the premises of federally assisted housing or if they are registered for life under a state sex offender program.

New Mexico

In the state of New Mexico, a few laws are in place to protect tenants during screening processes. For starters, the New Mexico Human Rights Act establishes the following protected classes:

• Ancestry
• Sexual orientation
• Gender identity
• Marital status
• Pregnancy

Additionally, landlords in the state are permitted to run criminal and credit checks, but credit bureaus may only report criminal convictions from seven years prior (NMSA § 56-3-6).

New York

New York’s housing and tenant screening laws are notoriously exhaustive depending on the county and city. NY EXC Code § 291(2) and § 296(2a) add the following protected classes to their state:

• Sexual orientation
• Gender identity
• Age
• Ancestry
• Marital status
• Military status
• Source of income (including Section 8)
• Pregnancy
• Status as a victim of domestic violence

New York City passed the Fair Chance Housing Act in 2025, which prohibits the discrimination of applicants with criminal records. Exceptions exist for sexual offenses, as well as misdemeanors and felonies for 3 and 5 year respectively (after the completion of a prison sentence). Other nuances exist in the law, but landlords who reject on the basis of criminal history must provide a legitimate business interest when doing so. In all other cities, laws vary.

North Carolina

No additional protected classes are recognized in North Carolina, but federal protections are reaffirmed in NCGS § 41A-4. North Carolina landlords may use criminal history checks in the tenant screening process per NCGS § 42-14.5. Check local statutes for additional screening regulations.

North Dakota

In the state of North Dakota, additional protected classes are recognized by the North Dakota Human Rights Act. These classes include:

• Marital status
• Age
• Receipt of public assistance
• Status as a victim of domestic violence, dating violence, sexual assault, or stalking

According to NDC § 14-02.5-02(4) landlords may reject applicants on the basis of criminal records if they have been convicted of the illegal manufacture or distribution of a controlled substance.

Senate Bill 2238, which went into effect in 2025, allows tenants to petition for the sealing of certain eviction records. For evictions related to nonpayment of rent or property damage, citizens can apply to have these records sealed seven years after satisfying the eviction judgement (assuming more recent cases do not exist). Tenants evicted as a result of domestic violence can request the immediate sealing of their eviction records if the perpetrator has been convicted or is subject to a court-issued restraining order. These provisions aim to encourage tenant reform while still protecting the property of landlords.

Ohio

On a state level, Ohio recognizes the following protected classes:

• Ancestry
• Military status

Some cities and villages in the state, including Cincinnati, Columbus, and Dayton, have legislation prohibiting landlords from discriminating on the basis of source of income. Those looking for best tenant screening practice should refer to Ohio’s Fair Housing Guide for Landlords.

Oklahoma

Not many tenant screening laws exist in Oklahoma on a state level. Legislation (OS § 25-1452) does add age as a protected class in addition to all other federally recognizes identities. Other regulations are enforced on county and city levels.

Oregon

In Oregon, the following are also recognized as protected classes in the leasing and screening process (ORS § 659A.421):

• Sexual orientation
• Gender identity
• Marital status
• Source of income

Landlords in the state are permitted to utilize criminal history checks in their application process with a few stipulations (Senate Bill 291). They may only reject an application if the arrest resulted in a conviction or if the charges are presently illegal and presently illegal in the state.

Pennsylvania

Discriminatory actions are banned in the screening and leasing processes in the state of Pennsylvania. They add the following to the list of protected classes (43 P.S. § 955):

• Age
• Ancestry
• Familial status
• Use of a support animal due to disability
• Relationship or association with individuals in a protected class
• Pregnancy

A few bills have been introduces to prohibit the discrimination of source of income and to limit criminal history checks, though none of them have currently passed. Philadelphia landlords should refer to the Renters’ Access Act, as legal tenant screening protocols are listed there.

Rhode Island

Rhode Island state laws expand upon the legal rights of tenants by adding a number of protected classes (RI Gen. Laws § 34-37-4, 23-6.3-11). They include:

• Age
• Marital status
• Sexual orientation
• Gender identity or expression
• Status as a victim of domestic violence
• Source of income (including housing vouchers)

No credit or criminal checks are currently enforced on a state level, but be sure to check city and county laws for compliance.

South Carolina

At present, there are no additional tenant screening laws enforced at the state level in South Carolina. Federally protected classes are reaffirmed in SC Stat. § 31-21-40, and additional laws vary on a more local level.

South Dakota

The state of South Dakota has legislation in place to recognize additional protected classes (SDC § 20-13-20). They include:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status
• Disability

No other state-level tenant screening laws currently exist, so landlords should refer to regulations on the city and county level.

Tennessee

The state of Tennessee does not currently have any additional protected classes or overarching tenant screening laws. They do, however, reaffirm federal laws and classes under TN Code § 4-21-601.

Texas

In Texas, pregnant individuals are included as a protected class per the state’s Fair Housing Act. Landlords may run criminal background checks on applicants, but they must clearly communicate this fact, as well as the criteria for their application before or during the process (Tex. Prop. Code §§ 92.3515).

Utah

In the state of Utah, the following classes are protected from housing discrimination by law (US § 57-21-5):

• Sexual orientation
• Gender identity
• Source of income

Landlords should refer to the Utah Fair Housing Act for additional information around screening and housing practices.

Vermont

Vermont landlords are prohibited from discriminating against applicants based on their membership of the following protected classes (9 VSA § 4503):

• Age
• Sexual orientation
• Gender identity
• Marital status
• Credit history
• Receipt of public assistance (including housing vouchers)
• Status as a victim of domestic violence, sexual assault, or stalking

For more guidance, landlords and tenants can access this Guide to Vermont Fair Housing Laws, created by the Vermont Housing Commission.

Virginia

The state of Virginia adds the following identities to the list of federally protected classes (VA Code § 36-96.3):

• Source of income
• Sexual orientation
• Gender identity
• Military status
• Age (“elderliness”)

Note that age is a protected class for all residents, with a special focus on those aged 55+ who may face discriminatory practices such as suggesting an applicant would be better off in a senior community than the property they are applying for. A number of other landlord-tenant laws have recently gone into effect as well, which impact the lease signing process.

Washington

Washington state law (RCW § 59.18.255, 49.60.030) expands upon federally protected classes to include to include:

• Source of income
• Citizenship or immigration status
• Military or veteran status
• Sexual orientation
• Use of a service animal

Criminal background checks may be utilized for tenant screening processes, but landlords should follow the instructions outlined in RCW 59.18.257 when doing so. More information about equal opportunity laws in Washington can be found on the Washington Human Rights Commission website.

West Virginia

State-wide tenant screening laws in West Virginia are relatively scarce. West Virginia Code § 5-11A-5 adds ancestry to the federal list of protected classes and specifies that “familial status” includes persons with custody of underage children, persons in the process of gaining custody of a child, and pregnancy.

Wisconsin

Wisconsin equal opportunity laws (WI Stat. § 106.50) add further protection based on the following classes:

• Age
• Ancestry
• Lawful source of income
• Marital status
• Sexual orientation
• Status as a victim of domestic abuse, sexual assault, or stalking

Landlords should check local tenant screening laws to ensure compliance on all levels of jurisdiction.

Wyoming

The state of Wyoming specifies in its housing laws that pregnancy is included under the federal protected class “familial status” (WS § 40-26-102, 40-26-103). Additionally, Wyoming landlords are permitted to discriminate against an individual due to a conviction for the illegal manufacture or distribution of controlled substances.

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Tenant screening with Innago is extremely customizable, making it easier than ever to comply with all screening laws (while still finding you the best tenants possible). Run credit, criminal, and eviction history checks with just a few clicks—and at no cost to you. Plus, Innago’s income verification check takes things a step further, allowing you to verify your applicant’s have a stable source of rental payments.

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Conclusion

Navigating tenant screening laws isn’t always easy. But with your newfound knowledge (and the help of Innago), you can operate well within state and federal regulations while filling your properties with the highest quality tenants around.

FAQs

What tenant screening laws do landlords have to follow in every state?

All landlords must follow the Federal Fair Housing Act (FHA) (anti-discrimination protections) and the Fair Credit Reporting Act (FCRA) (rules for handling applicant credit/consumer report information), regardless of what state the rental is in.

What does the Fair Credit Reporting Act (FCRA) require landlords to do with credit reports?

The FCRA requires landlords to protect credit information, not share it with unrelated parties, investigate disputed information, properly dispose of reports, and inform applicants if denial was due to their credit score.

Is a criminal background check always legal for tenant screening?

Not always. Some states don’t allow landlords to reject applicants based on criminal history, and some cities and counties (even where state law allows checks) may prohibit checking criminal records—so landlords should confirm state and local rules.

What extra protected classes does California include (beyond the federal Fair Housing Act)?

The article lists additional protected classes under California tenant screening laws, including sexual orientation, gender identity/expression, ancestry, marital status, veteran/military status, source of income, genetic information, pregnancy, age, primary language, and citizenship/immigration status.

Do Delaware landlords have to accept Section 8 applications?

Delaware passed Senate Bill 293 which states that landlords are required to consider Section 8 applicants and must have a separate reason to reject them outside of that status. This rule is in effect until December 31, 2028 unless repealed or extended.