Federal Laws that Apply
to All Landlords

For laws specific to your state, you will need to use our state-specific sites and refer to your specific state laws.  Our state sites (some still under construction!) will answer your state-specific questions.  Some landlord-tenant issues, however, are rooted in federal law, thus the laws apply in all states.  Note that each state may have laws that are more stringent than federal law.  Here are some examples of federal laws that apply to all landlords and tenants:

Fair Housing Laws:

Fair Housing Act (click here to read the law) Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act) prohibits discrimination in the rental, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).  For specific information on tenants’ rights under the Fair Housing Act, Click Here

Title VI of the Civil Rights Act of 1964
Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance.

Section 504 of the Rehabilitation Act of 1973
Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance.

Section 109 of Title I of the Housing and Community Development Act of 1974
Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in programs and activities receiving financial assistance from HUD's Community Development and Block Grant Program.

Title II of the Americans with Disabilities Act of 1990
Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.

Architectural Barriers Act of 1968
The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.

Age Discrimination Act of 1975
The Age Discrimination Act prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.

Title IX of the Education Amendments Act of 1972
Title IX prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance.

Advertising:  In 1995, HUD issued guidelines for landlords to use in advertising property to insure the landlords’ compliance with federal fair housing laws.  This memo may be read here

After September 11, 2001, landlords and property managers began developing security policies as a result of their concern for the possibility of future terrorist attacks.  As they develop these policies, landlords and managers must be sure their policies do not infringe on the fair housing rights of current or potential residents. Since the attacks of September 11, 2001, persons who are, or are perceived to be, of Muslim or of Middle Eastern or of South Asian descent have reported increased discrimination and harassment, sometimes in connection with their housing. To help address their concerns, a document was developed to answer questions regarding housing discrimination that have come up since September 11, 2001. You may view this document here  

Lead-based Paint

At the direction of Congress, who recognized that tenants have a right to know about potential lead hazards in the homes they rent, the EPA and HUD developed disclosure requirements for landlords to make to their tenants when leasing homes built prior to 1978.  These requirements became effective in 1996. To read the rules and obtain the forms for disclosure, you may go here.

Fair Credit Reporting Act

To help landlords comply with the federal Fair Credit Reporting Act (FCRA), the Federal Trade Commission developed "Using Consumer Reports: What Landlords Need to Know."  This document provides guidance for landlords and property managers who use reports from credit bureaus and tenant screening services in deciding whether to rent to tenant applicants.

Section 615(a) of the FCRA requires landlords, when they decline to rent to a rental applicant based in any way on a "consumer report" from a "consumer reporting agency," to provide an adverse action notice to that consumer. The law requires landlords (and their managers) to provide tenant applicants with a notice that informs the applicants that they have been denied, identifies the consumer reporting agency that provided the report that contributed to the landlord/manager's action, and outlines the applicant’s rights under the FCRA.  The complete "Using Consumer Reports: What Landlords Need to Know" guide is available from the FTC's Web site at www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580.

Immigration Laws The Federal Immigration and Nationality Act governs the activities of "illegal aliens" and imposes penalties on those persons who assist them.  Section 8 USC 1324 Section(a)(1)(A)(iv) provides that "Any person who encourages or induces an illegal alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law" shall be punished according to Section 8 USC 1324(b) for each illegal alien in respect to whom such a violation occurs, including fines, imprisonment or both.   In contrast to the federal law, some state laws prohibit inquiring about an applicant’s citizenship status.  For example, the California Civil Code §1940.3 forbids local governments from requiring a landlord or manager to ask about immigration status and from declining to rent to undocumented aliens, or from taking any other action based on citizenship or immigration status. This code section further prohibits a landlord or manager from inquiring about immigration or citizenship status, and prohibits a landlord or manager from requiring any statement, representation or certification about the applicant’s status. Landlords and managers, in an effort not to request information that may reveal citizenship or immigration status unless it is needed to verify financial qualifications or identity, must realize that a social security number is not always necessary, since credit history can also be verified if the applicant provides a U.S. government issued tax identification number. A request for a “government-issued” photo identification is a good way to verify identity without violating the law in California.

Subsidized Housing

Some Federal laws apply or have additional provisions that are applicable to landlords who receive certain funding, such as rental assistance, from the federal government.  One such program with which you may be familiar is known as Section 8 of the Housing Choice Vouchers Program.  The Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act all set forth additional requirements for landlords with tenants accepting government rental assistance.

Mold

Despite the lack of specific legislation related to mold, mold has been the subject of countless lawsuits, many involving landlords and tenants, in the last ten or more years.  The Environmental Protection Agency maintains a website dedicated to education about the topic of mold herel.  In an effort to protect themselves from liability where mold is concerned, many landlords and tenants have given their tenants the EPA booklet, "A Brief Guide to Mold, Moisture, and Your Home" as part of their disclosure procedures when renting residential property.