How do you screen tenants fairly and avoid housing discrimination?

In order to protect yourself and your company, when a prospective applicant prepares to apply for a property, you should have all requirements for approval spelled out and agreed to before starting the application. These items will apply to EVERY applicant.

Consistent criteria is vital, but so is professional discretion. Even if an applicant meets all technical criteria, past experience can be a very useful tool in selecting the BEST applicants for a certain property; this type of discretion can be based on multiple factors, not just those protected under the fair housing act. Experience creates and refines an ability to tell an ideal applicant apart from one who isn't.

Additionally, while I don't ask personal questions directly to an applicant, I have no problem collecting character references as well as asking more open-ended questions to past landlords or employers. It is vital to select the highest quality tenants possible, and the people the applicants have delt with in the past prove to be quite insightful as to how they may behave as tenants in the future.

Obviously but do not be afraid to ask pertinent questions, employment, length of employment, employment outlook for 12 months out. References and why they chose those references. Past addresses and reason for leaving.

Professionalism is key, but so is the tenant's/applicant's perception of you/your company. Be extra friendly, overly accommodating, & ultra-flexible; good tenants see this, appreciate this, and become a pleasure to work with because they actually LIKE you. With that being said, do not get walked over. Learn quickly which tenants see and appreciate your efforts, and which tenants will take advantage of them and, in turn, you.

Be professional and expect the same back. Do not fall into the chase of allowing prospective tenants to treat you as a friend. This is business!

Professionalism is THE key in communicating. Being respectful of the other individual(s), but remaining professional. The tenants are your business just as much as the landlords are, but they are not your friends, they are your clients. As professionals, we owe a fiduciary duty to both the landlords and tenants, it is also our responsibility to set the boundaries of our interactions with those clients and to make sure that neither we nor our staff overstep those boundaries.

So, if several tenants are similar in all "Facts" how do you choose? By definition you choose the best fit for the building unit and you. It is not discrimination it is simply choosing the best candidate.

I find by having a normal serious and friendly chat with your perspective tenants you will get more information then you need from that exchange. One last piece of advice: FOLOLOW YOUR GUT! IF IT FEELS WRONG DO NOT DO IT! With 100% accuracy every time I was in a hurry to rent a place and I got a gut feeling that it was not a right fit and I rented the unit anyway...it turned out to be a nightmare!!

Your gut isn't objective. You can't use it. Your gut can be swayed by internalized bias. That's why fair housing laws were established. You can only go off of facts that can be verified by a third party aka credit check, rental history, etc. Unfortunately, sometimes people give others a bad vibe, but you can't say "no, I can't rent to you because although you have good credit, you give me bad vibes. " That's illegal.

Objectivity matters, but so does professional instinct. If your reservations are well founded and not based on characteristics protected by the FHA, then act on them. At the end of the day, you answer to property owners, and tenants answer to no one. It's not their job to maintain that property, it's yours. When your reputation and industry success is on the line, professional "gut" guidance can be your best friend.

Your "gut" may be telling you one thing, but if it is not spelled out in your policies and procedures, you may be setting yourself up for a discrimination lawsuit. In my experience the best way to find qualified tenants is to and avoid discrimination suits is to: 1) Have clear written policies and procedures as to the tenant selection criteria and procedures. 2) Stick to those policies and procedures, do not deviate or make exceptions... they can lead to trouble. 3) Ensure that your policies and procedures have a blurb regarding have to meet all applicants face-to-face and that applicant comportment will be a deciding factor. Then document, document, document what in the comportment is of a negative nature.