Are landlords allowed to ask tenants about their criminal backgrounds in accordance with Fair Housing Law?

Yes, landlords are allowed to ask tenants about their criminal backgrounds in accordance with Fair Housing Law in Delaware. However, landlords must use the same criteria for all prospective tenants and they cannot discriminate against any one group. For example, a landlord cannot refuse to rent a unit to someone solely based on their criminal background. The Delaware Fair Housing Law states that landlords must have a written policy on criminal background checks and provide it to prospective tenants. In addition, landlords must specify which types of criminal activity will disqualify prospective tenants from renting the unit. Landlords should also include the date the criminal background check was completed and the applicable state or federal agency that created the background check. Under the Fair Housing Law, landlords may ask tenants about their criminal histories, but may not use the information to deny them housing. The decision to accept a tenant’s application must be based on the tenant’s ability to pay rent on time, the tenant’s credit history and references, and any other criteria that may be considered relevant. In conclusion, while landlords can ask tenants about their criminal background, and use the information as part of their criteria for accepting or denying a tenant’s application, they must be consistent and cannot discriminate against any group.

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Are landlords allowed to ask tenants about their criminal backgrounds in accordance with Fair Housing Law?

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