Are there any restrictions on types of questions a landlord can ask tenants in accordance with Fair Housing Law?

Yes, there are restrictions on the types of questions a landlord can ask tenants in accordance with Fair Housing Law in California. Federal and state laws prohibit landlords from discriminating against any type of tenant, including those who are members of protected classes. As such, landlords cannot ask tenants questions that are discriminatory in nature or that might imply discrimination. Specifically, landlords are prohibited from asking questions about a tenant’s race, color, national origin, religion, sex, familial status, age, and disability. Landlords also cannot ask questions that invade a tenant’s privacy, such as questions regarding sexual orientation, political affiliation, or marital status. Additionally, landlords are not allowed to ask questions that could be used to discriminate against tenants who are elderly or have disabilities, such as questions about whether the tenant has a service animal or needs special assistance. Questions about a tenant’s criminal history can only be asked if the landlord requires all tenants to provide this information. In addition, if landlords wish to perform a credit check on the tenant, they must obtain the tenant’s written permission before doing so. Furthermore, landlords are not allowed to ask tenants questions about their occupation, income, or personal finances unless the landlord requires all tenants to provide this information in order to qualify for tenancy. Overall, landlords in California are prohibited from asking tenants questions that can be used to discriminate against any protected class of people.

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