LeaseHelperLease Agreement Generator
Free Tool · Fair-chance & source-of-income rules

What can you ask a rental applicant, and when?

In a growing list of cities and states, asking about criminal history at the wrong moment, charging too much to apply, or turning away a voucher is a violation on its own. Pick where your rental is and see the rules in the order you will meet them, each with its official source.

City rules include the state and federal rules underneath them. Not listed? Pick “United States” for the federal baseline, then check your state and city.

Get the paperwork for these rules

Fair Screening Kit: a written screening policy, application disclosures, conditional-offer and response letters, an individualized-assessment worksheet and an FCRA adverse action letter for your jurisdiction, plus a listing-language check. One payment, no subscription.

Build my kit — $39

Why the order matters

Fair-chance laws rarely ban criminal background checks outright. What they regulate is sequence: in New York City, New Jersey, Washington DC and Detroit you may not ask until you have made a conditional offer; in Cook County you must prequalify the applicant on everything else first. A landlord who asks on the application form has violated the law before reading a single answer.

The second thing they regulate is what happens before a denial: a copy of the report, a fixed number of days for the applicant to respond, an individualized assessment against listed factors, and a written reason. Those steps are where most landlords get caught, because a denial letter that skips them is evidence on its own.

The federal baseline changed in 2025

HUD withdrew its 2016 guidance on criminal records in housing, effective September 25, 2025 (91 FR 44867), and has proposed removing its disparate-impact regulation. The Fair Housing Act itself has not changed, the FCRA adverse action notice is still required, and the state and city laws on this page are unaffected. For most small landlords, those local laws are now the rules that actually bind.

LeaseHelper is a document automation service, not a law firm, and this is not legal advice. Screening laws differ by state, county and city, and they change. Every rule here links to the official source it was drawn from, with the date we verified it; where we could not verify a point from an official source we say so instead of filling it in. Read the cited source before relying on it, and consult a local attorney about a specific applicant.