Legally Speaking Q&A: How Can I Avoid Fair Housing Violations When Screening Tenants?

By Mark Zinman | Zona Law

Question: I received a strange question from an applicant who has yet to pay his application fees. He emailed me and stated, "I just need to be assured the area around the home is an English-speaking community. I am personally sick of living in places that nobody speaks English. How is the area?” How do I respond to this? Do I ever have to answer this question?

Answer: It is possible that you are being tested to see how you will answer the question and whether you will violate Fair Housing laws. You should never answer the question about the “type” of people in your apartment community or in the area (in the case of a single-family home). When you get such a question, you should respond by saying, “Thank you for your question. We accept anyone who qualifies. If you are looking for something specific in a community, you are welcome to tour the community.” A consistent answer, that avoids steering or avoids implicating any preference or lack of preference for a protected class, is always the best way to go.