How Subtle Tenant Screening Practices Can Violate the Fair Housing Act
Tenant screening is supposed to help property owners make responsible rental decisions, but it can also create barriers that many renters don’t immediately recognize. For people who’ve been turned away from housing with no clear explanation, it can feel discouraging, confusing, and deeply personal.
At J. Courtney Cunningham Attorney at Law, I help renters and housing applicants push back when unfair screening practices violate the Fair Housing Act (FHA).
I work with clients throughout Miami, Florida, as well as Ft Lauderdale, West Palm Beach, Tampa, St. Petersburg, Orlando, Jacksonville, and The Villages. I’ve seen firsthand how subtle forms of discrimination can affect someone’s entire life.
My goal is to provide clarity, support, and legal protection when housing decisions feel stacked against you. Reach out to my firm if you believe a screening practice has violated your rights.
How Discrimination Hides Within “Neutral” Screening Practices
Housing discrimination doesn’t always appear as an outright refusal to rent to someone because of race, disability, religion, or another protected trait. In fact, most landlords know that such explicit statements are illegal. Instead, discriminatory practices often hide behind policies that seem objective but disproportionately harm certain groups.
This is known as disparate impact—when a seemingly neutral rule results in unequal treatment or negative effects on a protected class. Under the FHA, both intentional discrimination and disparate impact are unlawful.
Even if a landlord claims they didn’t mean for a rule to discriminate, courts can still find them liable if the practice has discriminatory consequences. That’s why it’s so important to recognize when screening rules cross the line.
Common Screening Tactics That Lead to Unfair Treatment
Many renters don’t realize that the policies used to judge their applications may be unlawful. These practices can show up in subtle ways that feel standard but unfairly filter out certain applicants:
Rigid criminal background bans: Broad policies such as “no felonies” or “no arrests” disproportionately impact Black and Hispanic applicants and frequently conflict with FHA standards.
Overly strict credit score cutoffs: Setting a single high minimum score may unfairly impact minority renters or those recovering from financial hardship tied to disability or medical issues.
Uneven application requirements: Requesting additional documentation from certain groups or giving inconsistent instructions can indicate discriminatory intent.
Income-to-rent ratios that are too high: These thresholds sometimes disadvantage women, single parents, and people with disabilities who are more likely to rely on alternative income sources.
Selective employment verification: Contacting employers, asking intrusive questions, or verifying income more aggressively for certain applicants can create unequal treatment.
Unreasonable rental history expectations: Rejecting applicants for minor issues or relying too heavily on previous landlord references can fuel bias—especially for those who’ve faced discrimination before.
These subtle practices can have powerful consequences. Many renters don’t even realize they’re being treated differently; all they know is they were rejected without a clear explanation. Screening shouldn’t be a smokescreen for discrimination, and applicants deserve transparency and fairness before being denied a home.
How Disability Discrimination Often Shows Up in Screening
One of the most common—and least recognized—forms of housing discrimination involves disability. The FHA gives people with disabilities specific protections, including the right to reasonable accommodations in the application process.
Ways screening discriminates against applicants with disabilities include:
Rejecting applicants based on disability-related income sources: Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) must be treated the same as employment income.
Denying accommodations for credit or rental history issues: Sometimes a disability contributes to financial or housing instability, and landlords must consider accommodation requests.
Questioning the legitimacy of service animals or emotional support animals: Demanding fees, extra documentation, or disqualifying someone for needing an assistance animal violates the FHA.
Using application procedures that aren’t accessible: Requiring in-person appointments, inaccessible technology, or communication methods that don’t accommodate certain disabilities creates unfair barriers.
Harshly judging gaps in employment: Disability-related work history gaps should be evaluated differently when an applicant requests an accommodation.
Disability discrimination is often wrapped in procedural issues—forms, deadlines, documentation—not overt hostility. Applicants might not realize that the FHA gives them the right to adjustments that make the screening process fair.
How Policies About Criminal Records Can Break the Law
Criminal background checks are where many housing providers unintentionally violate federal law. The U.S. Department of Housing and Urban Development (HUD) has made it clear: blanket criminal record bans aren’t allowed.
Criminal record screening becomes discriminatory when landlords:
Use arrest records, not convictions, against applicants: Arrests don’t prove wrongdoing and disproportionately impact minority renters.
Reject applicants for old or irrelevant convictions: The FHA prohibits decisions based on outdated information that doesn’t reflect current risk.
Use policies that affect one racial or ethnic group more than others: Even if unintentional, these policies can violate the law through disparate impact.
Fail to consider individual circumstances: Rehabilitation, time passed since the offense, and evidence of positive change must be evaluated.
Apply policies inconsistently: Allowing one applicant with a record to rent but rejecting another for the same issue is a red flag for discrimination.
Legal screening policies must be specific, narrow, and related to legitimate safety concerns. Anything broader risks violating the FHA and harming people trying to rebuild their lives.
What Applicants Can Do When They Suspect Discrimination
Many people aren’t sure what to do when a screening process feels unfair. They might feel intimidated, discouraged, or fearful of being labeled a “problem applicant.” But renters have rights, and the FHA gives powerful tools to protect them.
Here are some steps you can take if you suspect discrimination:
Requesting written criteria: This makes policies clear—and exposes inconsistencies.
Asking for specific reasons for denial: Landlords must give truthful explanations that align with legal screening standards
Collecting communication records: Emails, texts, and application instructions can show unequal treatment.
Speaking with previous applicants or tenants: Sometimes patterns emerge when people compare experiences.
Consulting a housing rights attorney: Legal support helps clarify whether a landlord’s actions violated federal law.
Taking these steps not only protects your application but may help stop ongoing discrimination affecting others. Many fair housing cases start with one person asking, “Is this allowed?”
Talk With a Fair Housing Lawyer About Protecting Your Housing Rights
Subtle discrimination in tenant screening is frustrating, discouraging, and unfair, but you don’t have to face it alone. If you believe a landlord used screening practices that violated the Fair Housing Act, I can help you understand your rights and push back against unlawful decisions.
At J. Courtney Cunningham Attorney at Law, I represent clients across Miami, Florida, as well as Ft Lauderdale, West Palm Beach, Tampa, St. Petersburg, Orlando, Jacksonville, and The Villages, and I’m committed to supporting people who’ve been treated unfairly during the rental process.
Reach out to my firm today to discuss your situation with an experienced fair housing attorney who can help protect your rights and learn how I can help you move forward.