Federal laws every landlord should know

Fair Housing Act

The Fair Housing Act protects people from discrimination in renting because of race, color, national origin, religion, sex, familial status and disability (HUD: Fair Housing Act overview). In rentals, it bars refusing to rent or negotiate, setting different terms, publishing a notice or ad that indicates a preference or limitation, and falsely saying a unit is unavailable (42 U.S.C. § 3604(a)-(d)).

It also treats as discrimination a refusal to permit reasonable modifications at the expense of a person with a disability, and a refusal to make reasonable accommodations in rules, policies, practices or services. For a rental, you may, where reasonable, condition a modification on the renter agreeing to restore the interior, reasonable wear and tear excepted (42 U.S.C. § 3604(f)(3)).

The exemptions are narrow: some single-family homes rented by an owner who owns no more than three such houses and uses no broker, and rooms or units in an owner-occupied building with living quarters for no more than four families. The advertising ban applies even then (42 U.S.C. § 3603(b)). Multifamily buildings of four or more units built for first occupancy after March 13, 1991 must also meet accessibility design requirements (DOJ: the Fair Housing Act).

Fair Credit Reporting Act

When you use a tenant screening or credit report, the FCRA applies. The FTC explains that you need a permissible purpose, such as a rental application or renewal, and must certify that you will use the report only for housing (FTC: Using consumer reports, what landlords need to know).

• Adverse action is any action unfavorable to the applicant, such as denying the application, requiring a co-signer, requiring a deposit or a larger deposit than another applicant would pay, or charging higher rent.
• The notice gives the reporting company's name, address and phone number; says the company did not make the decision and cannot explain it; and explains the right to dispute the information and get a free report if requested within 60 days. If you used a credit score, add the score and the key factors that hurt it.
• Disposal: when you are done with a report, securely dispose of it and any information taken from it.

The notice is required even if the report played only a small part in your decision.

Lead-based paint disclosure

EPA's disclosure rule applies to most housing built before 1978. Before the lease is signed, disclose known lead-based paint and hazards, give available records and reports, provide the pamphlet Protect Your Family From Lead in Your Home and include a Lead Warning Statement in or attached to the lease. Keep a signed copy for three years after the lease begins (EPA: real estate disclosures about lead hazards).

Exemptions include zero-bedroom units and housing for older persons or people with disabilities, unless a child under six lives or is expected to live there; leases of 100 days or less with no renewal or extension; housing a certified inspector found free of lead-based paint; and housing built after 1977. The rule does not require you to test the paint. See the lead paint disclosure packet guide.

Servicemembers Civil Relief Act

The SCRA lets a servicemember end a residential lease signed before entering military service, or signed during service and followed by orders for a permanent change of station or a deployment of at least 90 days. The servicemember delivers written notice with a copy of the orders by hand, private business carrier, certified mail with return receipt or an electronic method reasonably likely to ensure receipt. For a lease with monthly rent, termination takes effect 30 days after the next rent payment is due, and rent paid in advance for later periods must be refunded within 30 days (50 U.S.C. § 3955). Knowingly holding a servicemember's deposit to claim rent after termination is a misdemeanor.

The SCRA also bars evicting a servicemember or their dependents from a primary residence during military service without a court order when the monthly rent does not exceed a yearly limit, which is $10,542.60 for 2026 (50 U.S.C. § 3951; Federal Register: 2026 housing price inflation adjustment). On request, a court must generally stay the case for 90 days when military service materially affects the ability to pay.

VAWA in HUD-covered housing

The housing protections of the Violence Against Women Act apply to HUD's covered programs, including public housing and the Housing Choice Voucher program. In that housing, a survivor cannot be evicted because of VAWA violence or abuse committed against them, can ask the owner to remove the abuser from the lease through lease bifurcation and can request an emergency transfer (HUD: Violence Against Women Act).

Covered housing providers give Form HUD-5380, the Notice of Occupancy Rights, to applicants who are denied, to new residents and with an eviction or termination notice. A survivor may self-certify with Form HUD-5382, and more proof is generally not required unless the provider has conflicting information. If you rent to a household with a voucher, ask the housing agency how these rules apply to your unit. Some states add their own protections; New York, for example, bars keeping any part of a deposit because a renter ended a lease under its domestic violence termination right (N.Y. Real Prop. Law § 227-c).

The ADA in leasing offices

Title III of the Americans with Disabilities Act does not apply to strictly residential facilities, but it covers places of public accommodation within them. The Justice Department's example: a private apartment complex contains a rental office, and the rental office is a place of public accommodation. In existing facilities, barriers must be removed when that is readily achievable, meaning easily accomplishable without much difficulty or expense (ADA Title III Technical Assistance Manual).

The homes themselves fall under the Fair Housing Act's disability rules. If you run a leasing office or other space open to the public, review its entrance, route, restroom and parking access.

Put it into practice

• Write rental criteria and use them for every applicant.
• Keep an adverse action notice ready and send it whenever a screening report affects your decision.
• Give the lead disclosure package with every lease on a pre-1978 home.
• When a renter gives SCRA notice with military orders, calculate and calendar the termination date.
• Know whether any of your units are in a HUD-covered program.

How Rentari helps

Rentari's tenant screening is ordered with the applicant's authorization, and online applications help you apply the same written criteria to each applicant. Signed disclosures, such as a lead paint disclosure, can be stored on the lease.

Sources and further reading

• HUD: housing discrimination under the Fair Housing Act
• 42 U.S.C. § 3604: discrimination in the sale or rental of housing
• 42 U.S.C. § 3603: Fair Housing Act exemptions
• U.S. Department of Justice: the Fair Housing Act
• FTC: Using consumer reports, what landlords need to know
• EPA: real estate disclosures about potential lead hazards
• 50 U.S.C. § 3955: termination of residential leases
• 50 U.S.C. § 3951: evictions and distress
• Federal Register, March 10, 2026: SCRA housing price inflation adjustment
• HUD: Violence Against Women Act housing protections
• ADA Title III Technical Assistance Manual
• New York Real Property Law § 227-c: domestic violence lease termination

Common questions