What fair housing rules apply to tenant screening?

Tenant Screening and Fair Housing Rules in Missouri: A Guide for Landlords

Tenant screening is a critical step in the leasing process for landlords in Missouri. Conducting thorough background checks and credit evaluations helps ensure responsible tenants and protects your rental investment. However, these screening practices must comply with federal and state fair housing laws designed to prevent discrimination and promote equal access to housing opportunities.

This guide outlines the key fair housing rules Missouri landlords need to follow when screening prospective tenants, balancing effective tenant selection with legal compliance.

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Understanding Fair Housing Protections in Missouri

Missouri landlords are subject to both federal and Missouri-specific fair housing laws. At minimum, you must comply with:

Federal Fair Housing Act (FHA)

• Prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability.
• Applies to virtually all rental housing in Missouri.
• Requires landlords to treat all applicants equally and fairly during the screening process.

Missouri Human Rights Act (MHRA)

• Prohibits discrimination on the same bases as the FHA.
• Also prohibits discrimination based on ancestry.
• Enforced by the Missouri Commission on Human Rights.

Together, these laws mandate that tenant screening policies and practices do not unfairly or unlawfully exclude protected classes.

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Key Fair Housing Guidelines for Tenant Screening in Missouri

1. Use Uniform Screening Criteria

• Apply consistent standards to every prospective tenant. For example, if you require a minimum credit score or maximum income-to-rent ratio, these requirements must be the same for all applicants.
• Avoid subjective judgments that may mask discrimination.
• Document your screening criteria and apply them uniformly to demonstrate consistent decision-making.

2. Avoid Questions or Requirements That Target Protected Classes

• Do not ask about or base decisions on an applicant’s:

- Race or color - National origin or ancestry - Religion - Sex or gender identity - Familial status (e.g., whether they have children or are pregnant) - Disability or medical condition

• For example, it is unlawful to refuse applicants because they receive housing vouchers if your property accepts them.

3. Reasonable Accommodation for Disability

• Under fair housing laws, landlords in Missouri must make reasonable accommodations in policies or screening procedures to enable a person with a disability to access and use the housing.
• Examples:

- Waiving a no-pets policy to allow a service animal. - Accepting alternative documentation to verify income if the applicant cannot produce typical paperwork due to disabilities.

• Ensure you have a process for evaluating accommodation requests fairly and responding promptly.

4. Non-Discriminatory Criminal Background Screening

• Missouri landlords may consider criminal history but cannot use policies that disproportionately exclude protected classes without justification.
• Avoid blanket bans on applicants with criminal records without considering the nature of the offense, time elapsed, and how it relates to tenancy.
• Consistent application of policies and individualized assessments help mitigate discrimination risks.

5. Compliance with the Fair Credit Reporting Act (FCRA)

• When obtaining consumer reports (credit, background, eviction history), landlords must:

- Obtain the tenant’s written consent before ordering a report. - Provide a copy of the report and a summary of rights if you deny an application or take adverse action based on the report.

• This federal law complements Missouri’s fair housing obligations and protects tenant privacy.

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Implementing Fair and Effective Screening Practices

To comply with Missouri’s fair housing rules and conduct responsible tenant screening, consider the following best practices:

Develop a Clear Written Screening Policy

• Establish objective criteria for credit scores, income, rental history, and criminal records.
• Specify acceptable documents for income verification.
• Communicate this policy to all applicants before screening begins.

Train Staff on Fair Housing Compliance

• Ensure everyone involved in tenant selection understands federal and Missouri fair housing laws.
• Regularly update training to reflect legal developments and clarify prohibited practices.

Use Recognized Tenant Screening Services

• Employ reputable screening companies that provide standardized reports.
• Confirm they operate in compliance with FCRA and fair housing laws.
• Review screening reports carefully to apply criteria consistently.

Document All Decisions

• Maintain records of applications, screening reports, and reasons for acceptance or denial.
• Documentation can protect against accusations of discrimination.

Handle Requests for Reasonable Accommodation Promptly

• Create a simple process for applicants to request accommodations.
• Evaluate requests on a case-by-case basis based on the individual’s disability.
• Deny only when the accommodation would impose an undue burden or fundamentally alter the nature of the housing.

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Conclusion

Missouri landlords play a pivotal role in providing fair housing opportunities. While tenant screening is essential for managing rental properties successfully, it must be conducted in compliance with federal and Missouri fair housing laws. This means applying consistent, non-discriminatory standards and accommodating tenants with disabilities when appropriate.

By following best practices and understanding your legal obligations, you can protect your investment, maintain a positive reputation, and contribute to fair and equitable housing in Missouri.

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For further guidance, landlords may consult the Missouri Commission on Human Rights or legal professionals specializing in landlord-tenant and fair housing law.