Are landlords allowed to charge an application fee in accordance with Fair Housing Law?

Yes, landlords are allowed to charge an application fee in accordance with the Fair Housing Law in California. This fee is designed to cover the cost of the landlord’s screening process, such as credit checks, criminal background checks, and other services. The fee should be a reasonable amount and should not be used to discriminate against any protected classes. Under California law, landlords cannot charge more than the actual cost of the background check. Additionally, the landlord must provide a written disclosure that states the amount of the fee and the date the fee is due. The written disclosure must also include the applicant’s rights to dispute the fee and the procedure for resolving the dispute. Finally, the landlord must return the full fee to the applicant if the applicant withdraws his or her application or the landlord refuses to rent the property. Landlords must also return the full fee if they do not provide the applicant with the results of the screening process within the required time frame. If the landlord does not return the fee in a timely manner, then the tenant may be entitled to damages.

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