What fair housing rules apply to tenant screening?

Tenant Screening and Fair Housing Rules for Landlords in Wisconsin

When conducting tenant screening in Wisconsin, landlords must carefully follow both federal and state fair housing laws to ensure they do not discriminate against prospective renters. Adhering to these rules not only protects tenants but also reduces legal risk for landlords and helps create a fair and equitable rental market.

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Overview of Fair Housing Protections in Wisconsin

Wisconsin landlords are governed primarily by the federal Fair Housing Act (FHA) and the Wisconsin Fair Housing Law. Both laws prohibit discrimination in housing based on certain protected characteristics:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (presence of children under 18)
• Disability

The Wisconsin Fair Housing Law also includes marital status and sexual orientation as protected categories, providing additional state-level protections beyond federal requirements.

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Key Fair Housing Considerations in Tenant Screening

When screening tenants, landlords in Wisconsin must keep these protections in mind to avoid discriminatory practices:

1. Equal Application of Screening Criteria

• Consistency is Essential: Apply screening standards uniformly to all applicants. For example, if requiring a minimum credit score or income level, these requirements must be the same for every tenant.
• Avoid using subjective criteria that could be interpreted as discriminatory. For instance, rejecting applicants from a certain neighborhood or country of origin without a legitimate business reason may be unlawful.

2. Prohibited Inquiries

• Do not ask questions or require information that could reveal or be used to discriminate based on protected characteristics.
• Examples of inappropriate screening questions include:

- Marital status or family plans - Religious affiliation - National origin or citizenship status - Disabilities or medical history (unless directly related to the tenancy and comply with accommodation rules)

3. Disability Accommodations in Screening

• Under fair housing laws, landlords must make reasonable accommodations in screening policies for applicants with disabilities.
• Examples include:

- Waiving a no-pet policy for a service animal - Allowing an additional roommate for a person with a disability, if necessary - Modifying documentation requirements or timelines when justified

4. Criminal Background Checks

• Wisconsin landlords may use criminal background checks as part of screening, but must do so cautiously.
• They should avoid blanket bans on applicants with criminal records and instead consider:

- The nature and severity of the offense - The time elapsed since conviction or release - The relationship between the offense and applicant’s potential tenancy

• Using criminal history in a manner that disproportionately impacts protected groups may violate fair housing laws.

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Practical Steps for Wisconsin Landlords to Comply

To stay compliant with fair housing rules during tenant screening, Wisconsin landlords should:

• Develop Clear, Written Screening Policies: Define specific criteria such as income requirements, credit score minimums, and rental history that apply uniformly.
• Train Staff: Anyone involved in tenant screening should be trained on fair housing laws and how to avoid discriminatory practices.
• Use Standardized Application Forms: This helps ensure all applicants answer the same questions within legal boundaries.
• Document Screening Decisions: Keep thorough records explaining how decisions were made, especially when denying an applicant.
• Consider Consulting Legal Counsel: For complex situations, such as accommodations for disabilities or handling criminal records, professional advice can help ensure compliance.
• Stay Updated: Fair housing laws and enforcement priorities can evolve. Regularly review resources from the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) or HUD for guidance.

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Additional Wisconsin-Specific Tenant Screening Notes

• The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) enforces state fair housing laws and provides resources landlords can use to better understand discrimination issues.
• Wisconsin's protections for marital status and sexual orientation mean landlords should carefully avoid any decision-making that negatively impacts tenants based on these factors.
• While Wisconsin law does not impose statewide restrictions on credit scores or background checks beyond fair housing requirements, local jurisdictions may have additional ordinances or guidance, so be sure to check local regulations.

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Conclusion

Tenant screening in Wisconsin requires landlords to balance their right to select responsible tenants with the legal obligation to provide equal housing opportunities under federal and state fair housing laws. By applying screening criteria consistently, avoiding prohibited inquiries, accommodating disabilities reasonably, and carefully considering the use of criminal background information, landlords can comply with Wisconsin’s fair housing rules and foster a non-discriminatory rental environment.

Landlords should implement clear policies, provide training, and maintain documentation to protect themselves and uphold the rights of all prospective tenants in Wisconsin.