The federal Fair Housing Act and Fair Housing Amendments Act (42 U.S. Code ยงยง 3601-3619, 3631) prohibit landlords from choosing tenants on the basis of a group characteristic such as:
- race
- religion
- ethnic background or national origin
- sex
- familial status, including having children or being pregnant (except in certain designated senior housing), or
- a mental or physical disability.
In addition, some state and local laws prohibit discrimination based on a person's marital status, age, or sexual orientation.
Landlords can always select tenants using criteria that are based on valid business reasons, such as requiring a minimum income or positive references from previous landlords, as long as these standards are applied equally to all tenants.