What fair housing rules apply to tenant screening?

Tenant Screening and Fair Housing Rules for Landlords in Maine

When conducting tenant screening in Maine, landlords must comply with both federal and state fair housing laws. These laws are designed to ensure that tenant selection processes are free from discrimination and provide equal housing opportunities to all prospective renters.

Overview of Fair Housing Laws in Maine

Maine landlords must adhere to the Federal Fair Housing Act (FHA) as well as the Maine Human Rights Act (MHRA). Both statutes prohibit discrimination in housing based on certain protected characteristics. Understanding these protections is essential for fair and lawful tenant screening.

Protected Classes Under Maine Law

The Maine Human Rights Act provides broad protections that include, but are not limited to, the following protected classes:

• Race
• Color
• National origin
• Sex (including gender identity and sexual orientation)
• Age
• Familial status (presence of children under 18, pregnant women)
• Disability (mental or physical)
• Marital status
• Ancestry
• Genetic information
• Religion
• Receipt of public assistance (including Section 8 vouchers)

This means landlords in Maine cannot base screening decisions on any of these protected traits.

Fair Housing Rules Applying to Tenant Screening

1. Non-Discrimination in Screening Criteria

Landlords must apply consistent, objective criteria to all applicants. Examples of prohibited discriminatory acts include:

• Rejecting an applicant solely because they have a disability or use a service animal.
• Charging different application fees based on applicant’s race, sex, or familial status.
• Refusing to rent to someone because they receive public assistance or housing vouchers.

2. Reasonable Accommodation and Modification Requests

Under Maine and federal law, landlords must consider reasonable accommodation requests during screening related to disabilities. This may include:

• Waiving certain screening criteria (e.g., stricter credit requirements) if the disability directly affects credit history.
• Accepting a co-signer or guarantor as an accommodation.
• Allowing additional time or alternative methods for completing applications.

Landlords should not deny housing outright without assessing reasonable accommodations first.

3. Use of Criminal Background Checks

Maine law places limitations on how criminal history information can be used in tenant screening:

• Landlords cannot use arrest records that did not result in conviction.
• Screening based on convictions must be related to the applicant’s suitability as a tenant, such as offenses that pose a risk to property or other tenants.
• Blanket bans on applicants with criminal histories may violate fair housing laws if they disproportionately affect protected groups.

Landlords should establish individualized assessments to determine how criminal history impacts an applicant’s eligibility.

4. Credit and Income Requirements

Credit and income standards must be applied uniformly and cannot function as disguised discrimination. For example:

• Rejecting applicants simply because they receive housing vouchers or public assistance is prohibited.
• Income requirements should be reasonable and aligned with the rental amounts.

5. Use of Housing Vouchers and Public Assistance

Maine law specifically protects applicants receiving housing vouchers or public assistance from discrimination:

• Landlords cannot refuse to rent or treat applicants differently because they will pay rent with a voucher.
• Screening criteria must be fair and consistent regardless of source of income.

Best Practices for Maine Landlords in Tenant Screening

To ensure compliance with fair housing rules and reduce risk, landlords should consider the following practices:

• Use standardized rental application forms and screening checklists for all applicants.
• Train staff and agents on fair housing laws specific to Maine and on avoiding discriminatory behavior.
• Document all screening decisions and the specific reasons for approval or denial to defend against discrimination claims.
• Develop clear, objective criteria related to income, credit, rental history, and criminal background consistent with local law.
• Respond promptly and respectfully to reasonable accommodation requests.
• Stay up-to-date on Maine-specific regulations through resources such as the Maine Human Rights Commission.

Summary

In Maine, landlords must conduct tenant screening in a manner that respects all protections under the Maine Human Rights Act and the Federal Fair Housing Act. This means applying consistent, objective criteria without discriminating based on protected classes including disability, familial status, public assistance, or other protected characteristics. Special care must be taken when using criminal background information and when applicants request reasonable accommodations. By following best practices and maintaining transparency, Maine landlords can ensure lawful, equitable tenant screening procedures while protecting their rental operations.