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 Delaware. It is illegal for landlords to discriminate against tenants on the basis of race, color, national origin, religion, sex, disability, or familial status. As such, landlords should avoid asking questions that could lead to discriminatory practices. For example, landlords should not ask questions that could lead to discrimination based on race, color, national origin, or religion, such as asking where the tenant is from or what religion they practice. The same goes for questions based on gender, such as inquiring about marital status or whether the tenant has children. Furthermore, landlords should not ask questions about a tenant’s disability or whether the tenant has any medical conditions. Questions about an applicant’s creditworthiness and financial ability to pay rent, however, are acceptable. The landlord should also conduct a criminal background check, but should avoid questions or making assumptions about a tenant’s criminal record or potential criminal activity. In general, landlords should be aware of questions that could lead to discrimination and avoid asking them. It is their responsibility to ensure that their questions comply with Fair Housing Law, and any landlord that does not comply with the law may face legal consequences.
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