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

In the state of Washington, landlords are allowed to require prospective tenants to provide references under Fair Housing Law. This means that a landlord can ask for information such as past rental history, employment history, and reference information from individuals who know the prospective tenant in order to determine their suitability for the rental unit. The Fair Housing Act of 1968 prohibits discrimination against tenants based on their national origin, race, color, religion, sex, family status, and disability, so a landlord must not use any of these characteristics in deciding whether to accept a tenant. It is not recommended that landlords ask for references from employers or family members, as these are considered “asking to discriminate” and could be seen as a violation of the FHA. Instead, it is usually better practice to simply ask for previous rental history and references from friends or acquaintances. Prospective tenants should also be made aware of their rights to privacy as it relates to their personal information, as this is protected by the Fair Credit Reporting Act. By requiring references, a landlord is able to have a better understanding of a prospective tenant’s rental history and creditworthiness. It is important to remember, however, that the references must be viewed objectively, without regard to the characteristics protected by the FHA. As always, landlords should consult with a lawyer if they have any questions regarding the legality of their rental practices.

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

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