Use written, consistently applied criteria and keep protected characteristics out of advertising, inquiries, screening, and decisions. Use the linked agency guidance and any property-specific notice to confirm the current requirement.
Who this requirement applies to
Federal, state, and city fair-housing rules overlap and may have different coverage. Source-of-income protections and NYC’s broader protected classes require careful treatment even when a particular small-building exception may exist.
What the owner needs to manage
Use the current agency instructions to turn the rule into assigned, verifiable work.
- Use neutral, written screening criteria that are relevant to tenancy and applied consistently.
- Avoid discriminatory advertising, questions, steering, or different treatment based on a protected characteristic or lawful source of income.
- Provide a process for accommodation requests and obtain qualified advice before relying on an exemption.
When to act
Fair-housing duties apply throughout advertising, inquiry, showing, application, screening, selection, leasing, and management—not only when an application is denied.
Records to keep with the property
A completion record should show what applied, who acted, what they found, and how the owner confirmed the result.
- Published criteria and version date
- Property terms and availability presented to each prospect
- Application milestones and permitted screening records
- Decision reason, accommodation communication, and retention/access controls
A common tracking mistake
Informal “gut feel” screening makes inconsistent treatment difficult to identify or explain. Apply the same documented process while protecting applicant privacy.
EstatesCheck can organize the task, messages, vendor work, documents, and follow-up by property. It does not decide whether the legal requirement applies or replace an agency filing system, licensed professional, or attorney.
This article provides general information and is not legal advice.
