Are landlords allowed to require tenants to submit to a credit check in accordance with Fair Housing Law?
Yes, landlords in Florida are allowed to require tenants to submit to a credit check in accordance with Fair Housing Law. However, landlords must be sure to apply this policy neutrally and not discriminate against any potential tenants. According to the United States Department of Housing and Urban Development (HUD), landlords may legally require credit checks from potential tenants, and they must apply their policy neutrally to everyone. Landlords may not select which tenants to run a credit check on, nor can they reject a potential tenant based exclusively on their credit score. In Florida, landlords must provide written notice to potential tenants that a credit check will be conducted. The potential tenant must then give written permission for the landlord to perform a credit check prior to the landlord taking any action. This includes informing the tenant that their credit history will be checked, and providing a copy of the credit report to them upon request. Additionally, the landlord must keep the information confidential and use it only for purposes related to the rental agreement. In order to comply with fair housing law, landlords must treat all potential tenants equally and not show any preference or discrimination based on race, color, religion, sex, national origin, disability, or familial status. It is also important to note that fair housing law does not protect tenants from being denied based on a low credit score, as long as the same policy is applied across the board. In this case, landlords are allowed to require tenants to submit to a credit check in accordance with fair housing law.
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