California landlords can evaluate an applicant’s ability to pay rent and follow a lease, but screening must use clear, consistently applied criteria. You can generally ask about income, rental history, and references, and obtain a credit or background report with proper authorization. You cannot reject someone because of a protected characteristic, refuse a lawful rental subsidy, or apply a blanket ban based on criminal history. The safest approach is to decide what information is relevant before advertising, then use the same process for every applicant.
Set Written Criteria Before Accepting Applications
Write down the standards that will guide your decision, such as how you verify income, assess rental references, evaluate credit information, and handle incomplete applications. Make each standard connected to the applicant’s ability to meet the lease, and apply it consistently. For example, if you review rental payment history, use the same lookback period and verification process for each applicant.
A written policy helps owners make decisions based on evidence rather than impressions, and gives applicants a clearer understanding of what to expect. Avoid vague rules such as “good fit” or “professional tenants.” Those phrases can invite inconsistent decisions and may mask unlawful preferences. California’s Department of Real Estate describes common application information, including employment or other income verification, landlord references, and identity details.
If you charge an application screening fee, California rules effective January 1, 2025 require a written screening process with the application and set conditions on when fees may be charged and whether they must be refunded. Generally, a fee cannot be charged when no unit is available now or within a reasonable time. Check the current requirements for your application process before collecting money, since fee limits and procedures can be detailed.
Questions That Can Help Assess an Application
Ask for information that directly relates to the tenancy, and explain how applicants can provide it. Depending on the property and your policy, relevant questions may cover:
- Who will reside in the unit, so you can apply reasonable occupancy standards equally.
- How the applicant plans to meet their share of the rent, with verification of lawful income sources.
- Current and prior rental history, including landlord references.
- Permission to obtain a credit or tenant-screening report, where applicable.
- Information needed to verify identity, using acceptable identification without probing into immigration status.
Ask for the same categories of information from each applicant. Do not request medical records or a diagnosis as part of screening. If an applicant later requests a disability-related accommodation, focus on the accommodation need, not unrelated medical details. California’s Civil Rights Department says housing providers generally cannot seek a person’s diagnosis, medical history, or records.
Do Not Screen on Protected Traits or Income Source
California fair housing protections cover characteristics including race, national origin, disability, sex, gender identity, religion, familial status, marital status, age, citizenship or immigration status, and source of income. These protections apply to screening decisions and generally cover most housing providers. Do not ask questions intended to reveal a protected trait, use it as a reason to deny an application, or apply a different standard because of it.
You may verify an applicant’s income level and source, but you cannot reject an otherwise qualified applicant simply because rent will be paid with a Housing Choice Voucher, disability benefits, or another protected source of income. Evaluate the applicant’s lawful, verifiable resources and the portion of rent the applicant is responsible for, rather than treating wages as the only acceptable income.
Where a government rent subsidy is involved, California law requires giving the applicant the option to provide lawful, verifiable alternative evidence of their ability to pay their share instead of relying on credit history. Examples can include benefit payments, pay records, or bank statements. Make that option clear and use the same process for applicants in comparable circumstances.
Use Criminal and Credit Information Carefully
California permits some criminal-history review, but a blanket “no criminal records” rule is not acceptable. Do not seek or consider arrests that did not lead to convictions, infractions, sealed or expunged convictions, or juvenile-system matters, subject to limited exceptions. If a conviction may be relevant, consider whether it is directly related to a legitimate housing interest, including its nature, severity, and how much time has passed. Give the applicant a meaningful opportunity to correct inaccurate information and provide mitigating context before deciding.
If a consumer report contributes to a denial or another unfavorable decision, follow applicable notice requirements and identify the reporting agency so the applicant can obtain and dispute the report. California’s Department of Real Estate also states that an applicant who paid a screening fee must receive a copy of the credit report within seven days after the landlord receives it.
A Practical Review Before You Decide
- Share written criteria and the application process before collecting a screening fee.
- Review complete applications using the same order and standards.
- Verify income without excluding lawful non-wage sources or voucher holders.
- Check reports for accuracy and disregard legally prohibited information.
- Document the specific criterion behind each approval or denial.
For a Los Angeles rental, keep the application, verification records, report-related notices, and decision notes together. If you are unsure whether a criterion is lawful or how local requirements affect your property, consult a qualified California housing attorney. Owners seeking help coordinating leasing and compliance can learn about Suave Management’s residential property management services.
