Are landlords allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law?

In Delaware, landlords are allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law. Delaware is the only state that allows this practice, however, it must be applied fairly and consistently. For example, a landlord cannot deny an application for one type of criminal background but accept an application with another type of criminal background. The law also states that the landlord must consider the nature of the crime, the number of offenses, the age of the offense, and the tenant’s rehabilitation efforts, when making a decision regarding rental applications and criminal backgrounds. Landlords are also required to document the reasoning for any denial of a rental application, with written explanation. At the same time, landlords cannot require that tenants disclose their criminal history during the application process. This means that the tenant can choose to not disclose their criminal history and the landlord must not ask about it in the application. If the tenant chooses to disclose any criminal history, the landlord must document the reasons for any denial of the rental application, and provide written notification to the tenant. In summary, Delaware landlords are allowed to deny rental application based on tenant’s criminal background. However, the practice must be applied fairly and consistently, and must also follow the guidelines set out by the Fair Housing Law. In addition, the landlord cannot require the tenant to disclose their criminal history, but if the tenant does choose to disclose it, then the landlord must document the reasons for the denial and provide written notification.

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Are landlords allowed to deny rental applications based on a tenant’s criminal background in accordance with Fair Housing Law?

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