Are landlords allowed to require prospective tenants to provide references under Fair Housing Law?

Under the Fair Housing Law in Delaware, it is generally unlawful for landlords to require that prospective tenants provide references from third parties. This means that landlords cannot require references from former landlords, employers, or any other third parties. However, the law does allow landlords to ask for contact information for one or two references and contact them in order to verify the tenant’s information on an application. However, it is essential that landlords treat all applicants the same when asking for references. If they single out only certain applicants, the landlord could be accused of discriminatory practices. The Fair Housing Law also prohibits landlords in Delaware from discriminating because of race, color, religion, national origin, familial status, gender, or disability. This means that landlords cannot deny someone a lease based on any of these protected classes. Furthermore, the law also prohibits landlords from basing their decision to provide references on any of these protected classes. In short, while the law does not explicitly forbid landlords from requesting references from prospective tenants, landlords should be mindful that it is unlawful to deny a potential tenant based on their failure to provide references. It is important that landlords treat all applicants in the same manner and without regard to any of the protected classes under the Fair Housing Law.

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Are landlords allowed to require prospective tenants to provide references under Fair Housing Law?

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