What Can Landlords Legally Ask on a Rental Application?

TL;DR: Income, employment, rental history, and credit — with consent — are fair game. Anything touching protected classes is off-limits. The rule: same criteria for every applicant.

_Last reviewed: July 2026 · 4 min read_

If you're a landlord writing a rental application and unsure what's legal to ask, the honest answer is: income, employment, rental history, and credit/background checks (with written consent) are all fair game — but questions touching on race, religion, national origin, familial status, disability, sex, or any other protected class are off-limits under federal Fair Housing law and often stricter state laws. The safest rule: apply the same criteria to every applicant, and never ask for information you couldn't legally act on.

Okoniq Property Hub stores a consistent application template and record of every applicant so screening is defensible. Here's what belongs on a rental application.

What can I legally ask about?

Standard, defensible questions:

• Full legal name and current address
• Employment history and current employer (may ask for pay stubs)
• Monthly income (usually with a 2.5-3x rent minimum policy — apply uniformly)
• Rental history (past 2-3 landlords, dates, reason for leaving)
• Credit and background check consent (must be in writing, must disclose to whom results will be shared)
• Eviction history and criminal history — with important caveats (see below)
• Number of occupants (occupancy limits, not familial status)
• Pets and support animals (with disability-related caveats)
• Move-in date and lease length preferred
• Emergency contact
• References (personal, professional)

Full guidance from the federal fair housing regulator is at HUD.gov Fair Housing page.

What are the federally protected classes?

Under the federal Fair Housing Act:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation under HUD guidance)
• Familial status (having children under 18)
• Disability

State and local laws often add more: source of income (Section 8 vouchers), age, marital status, military status, ancestry, criminal history in specific ways (Ban the Box), immigration status. Check your state's protected classes — several are stricter than federal.

You cannot ask about any of these in an application, in showings, or in casual conversation. The safest questions focus on the applicant's ability to fulfill the lease (pay rent, follow rules, care for property), not on personal characteristics.

What about credit and background checks?

Both are legal with written consent — required by the Fair Credit Reporting Act. The application must:

• Explicitly state the check will be run
• Identify who will run it and share the results
• Explain what the applicant's rights are (adverse action notice if denied based on the report)
• Get a dated signature

Denials based on credit or background check trigger the Fair Credit Reporting Act's adverse action notice requirement — you must tell the applicant which report was used, provide contact for the reporting agency, and inform them of their right to dispute. Skipping this is a common lawsuit trigger.

Criminal history has specific rules: HUD guidance from 2016 warns against blanket "no felonies ever" policies because they can have disparate racial impact and thus violate Fair Housing. Case-by-case review of nature, recency, and rehabilitation is safer.

What about occupancy limits?

You can set reasonable occupancy limits (typically 2 people per bedroom is a HUD-recognized safe standard), but the limit must be applied to everyone equally — regardless of whether the occupants are children.

Restricting a family with 3 kids from a 2-bedroom apartment while allowing 3 adult roommates in the same unit is familial-status discrimination.

Apply the same criteria to every applicant

The single most protective rule: write down your criteria, apply them identically to every applicant, and document each decision. If your policy is 2.5x monthly income for rent, no evictions in 3 years, and 620+ credit, apply that to every application. Never bend for one applicant and hold firm for another — that's when discrimination claims stick.

Keep tenant screening records consistent and organized

Fair housing complaints often come 1-3 years after a rejection. Okoniq Property Hub stores every application, decision, and adverse action letter so you have a paper trail if a complaint is filed. Related: how to screen a tenant without a screening service and the Renting & Tenants hub.

Frequently asked questions

Can I refuse Section 8 vouchers?

Depends on the state. Federally you can, but many states and cities prohibit source-of-income discrimination — including California, New York, Massachusetts, Illinois, Washington, Oregon, and dozens of large cities. Check your local law.

Can I ask for immigration status?

Federal Fair Housing doesn't prohibit it directly, but asking creates significant risk of national-origin discrimination claims. Most attorneys advise not asking. You can verify identity and income (SSN or ITIN) without asking about immigration.

Can I run a criminal background check?

Yes, but not with a blanket exclusion policy. Use individualized assessment: nature of offense, time since offense, evidence of rehabilitation. Document your reasoning. Consider consulting a landlord-tenant attorney to write your criminal-history policy.

This is general information, not legal advice. Fair Housing law is federal, state, and local — consult a licensed landlord-tenant attorney in your jurisdiction before finalizing an application form or screening policy. Okoniq Property Hub keeps application and screening records organized. Get started free.

FAQ

Can a landlord ask about marital status on a rental application?

Federal law doesn't prohibit it, but many states (including California, New York, and Massachusetts) list marital status as a protected class. Because the risk varies by location and the question is rarely relevant to ability to pay rent, most attorneys recommend leaving it off the application entirely.

How long should landlords keep rejected rental applications on file?

Keep all applications—accepted and rejected—for at least 3 years. Fair Housing complaints can be filed up to 2 years after the alleged violation (1 year in some states), and the FCRA requires adverse action records for 25 months. A consistent retention policy protects you if a rejected applicant files a complaint.

Can I charge different application fees based on credit score or income level?

No. Application fees must be the same for every applicant, applied before you see their financials. Charging higher fees to applicants you perceive as higher-risk can be considered discriminatory screening, even if you don't intend it that way.

What counts as a reasonable occupancy limit under Fair Housing rules?

HUD recognizes 2 people per bedroom as presumptively reasonable, but you must apply it uniformly and consider the size of bedrooms, configuration of the unit, and age of occupants. A blanket "no more than 2 occupants total" rule in a 3-bedroom house would likely violate familial status protections.