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

In accordance with Fair Housing Law, landlords in Florida may deny rental applications based upon a tenant’s criminal background. However, this practice cannot be applied indiscriminately. Under the Fair Housing Law, landlords must assess each prospective tenant’s individual circumstances. This includes considering the seriousness of the crime, how long ago it occurred, and the tenant’s recent criminal history. Additionally, landlords must carry out this practice consistently and objectively, meaning they cannot deny one tenant based on their criminal background and accept a similar applicant with an identical criminal record. Landlords may also deny rental applications if the applicant’s criminal record suggests they pose a direct threat to the health or safety of other tenants or the landlord’s property. In order to deny an application due to criminal record, the landlord must provide evidence that reasonable people would agree that the applicant poses a direct threat. For example, a tenant convicted of manslaughter would likely pose a direct threat and could be denied due to their criminal background. Ultimately, the Fair Housing Law in Florida allows landlords to deny rental applications based upon a tenant’s criminal background. However, it is important that landlords conduct individual assessments of each prospective tenant and consistently and objectively enforce their standards to ensure no discrimination takes place.

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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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