Age should not be a factor in tenant screening for a standard rental property. Although it is not one of the seven protected classes listed in the federal Fair Housing Act, many state and local laws prohibit age-based housing discrimination. Federal law also protects familial status, which generally covers households with children under 18.
Instead of considering someone’s age, we recommend evaluating every prospective tenant according to consistent, written criteria related to the person’s ability and willingness to meet the lease terms. Relevant factors may include:
• Verifiable income that satisfies a predetermined requirement
• Credit score, financial history, and debt-to-income ratio
• Previous rental history and documented payment patterns
• Eviction records reviewed in accordance with applicable laws
• Information obtained through legally compliant background checks
Qualified senior communities may follow limited age-related occupancy rules, but those exceptions do not allow conventional rental properties to favor or reject applicants based on age. Because protections vary by jurisdiction, property owners and managers should review the laws governing each rental before establishing their screening policies.
Keep Age Out of the Tenant Screening Process
At Tenant Screening Center, Inc., we understand that landlords and property managers need dependable residents who will pay rent, care for the property, and follow the lease. Reaching an informed decision requires reliable information and a consistent process based on relevant rental qualifications.
Someone’s age does not establish how that person will handle future obligations. Using it as a shortcut can introduce bias, create inconsistent decisions, and expose an owner or management company to legal risk. A stronger approach relies on documented financial and rental information that can be evaluated fairly across all applications.
Understand the Laws Governing Rental Decisions
The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. Age is not included on that federal list, but many states, counties, and cities recognize additional protected categories.
Depending on the location, local laws may prohibit discrimination based on age, marital status, source of income, military status, sexual orientation, gender identity, or other characteristics. A practice that appears permissible under federal law could still violate the rules governing a particular property.
Familial status also requires careful consideration. This federal protection generally covers households with children under 18, pregnant individuals, people adopting a child, and those who have or are seeking legal custody of a minor. Landlords cannot reject a household based on assumptions that children will cause noise, damage the property, or make the rental less suitable.
The Fair Housing Institute emphasizes the importance of knowing which additional classes are protected in each jurisdiction. Owners and property management companies operating in multiple locations may need policies that account for different state and municipal requirements.
Know the Limits of Senior Housing Exceptions
Certain communities may lawfully maintain age-related occupancy requirements, but these exceptions are narrow. Federal law recognizes qualifying housing intended for older residents, including communities designated for people who are 62 or older and properties that satisfy the requirements for 55-and-older housing.
These exemptions involve specific occupancy, policy, verification, and recordkeeping obligations. Advertising a property to older adults or preferring mature residents does not automatically make it qualified senior housing.
Unless a community meets the applicable requirements, age should not affect:
- • Who receives information about an available rental
- • Which prospects are encouraged to apply
- • How applications are evaluated
- • The deposits, fees, or lease terms offered
- • Which qualified applicant is selected
Age-related assumptions can disadvantage people at different stages of life. A younger applicant should not be viewed as automatically irresponsible, just as an older adult should not be presumed to have limited income or difficulty maintaining a home.
Evaluate Relevant Financial and Rental Information
Written criteria give landlords a more reliable basis for comparing prospective tenants. Establishing those qualifications before accepting applications also helps everyone involved in leasing follow the same process.
Income is one common consideration. For example, an owner might require verifiable gross monthly income equal to three times the rent. This ratio is an example rather than a universal rule, and any policy must comply with laws protecting housing assistance or other lawful sources of funds.
Credit information can offer additional insight into an applicant’s financial history. Depending on the predetermined standards, a review may consider:
- • Credit score
- • Payment history and delinquencies
- • Debt-to-income ratio
- • Outstanding balances
- • Accounts in collection
A credit score should not necessarily serve as the sole basis for a decision. Examining the broader report can provide context about how someone has managed financial obligations while keeping the review focused on documented facts.
Rental history may reveal how a prospective resident handled previous leases. Verification with former landlords can help identify timely payments, repeated late payments, bounced checks, lease violations, documented complaints, or other pertinent concerns.
Eviction records also require careful evaluation. A filing does not always mean that the tenant was removed or that the property owner prevailed, and local regulations may restrict how certain cases can be used. Consumer reports must also be handled in accordance with the Fair Credit Reporting Act and any applicable state requirements.
Create and Follow Objective Written Criteria
A sound application process begins before the first person applies. Written guidelines clarify what information will be reviewed, which qualifications must be met, and how incomplete or conditional applications will be handled.
Before advertising a vacancy, owners and managers should document:
- • The income requirement for the property
- • The credit factors that will be evaluated
- • The rental history information that must be verified
- • Any lawful reasons an application may be denied
- • The process for reviewing eviction or background records
- • The order in which completed applications will be considered
Everyone involved in showing or leasing the property should understand these guidelines. Staff members should avoid comments about a prospect appearing too young, too old, inexperienced, retired, or likely to have children, since those remarks can suggest that a protected characteristic influenced the outcome.
Accurate records can help demonstrate that the established procedure was followed. Applications, screening results, correspondence, and the documented reason for each decision should be maintained in accordance with applicable recordkeeping and privacy requirements.
Policies also need periodic review because regulations can change. Qualified legal counsel can help determine whether income standards, credit considerations, eviction records, notices, and other practices comply with the rules in each jurisdiction.
Make Rental Decisions Based on Relevant Facts
Age does not predict whether a prospective tenant will pay rent on time, maintain the property, or comply with a lease. Fair and effective tenant screening focuses on verifiable income, financial responsibility, previous rental behavior, and other legally permitted qualifications.
By drafting objective written criteria and reviewing the laws that apply to each property, we can build a more consistent application process while reducing avoidable fair housing concerns. This approach gives landlords and property managers a stronger foundation for making timely, well-supported decisions.
Tenant Screening Center, Inc. provides rental applications, credit information, rental-record searches, background reports, and verification services to help housing providers evaluate applicants using relevant information. Explore our tenant screening services to find an option that supports your rental process.
Landlords Property Managers Contact TSCI