Ohio tenant screening laws

No section of chapter 5321 caps or regulates rental application or screening fees. Ohio's fair housing law still governs screening: do not ask about, record, or use an application form with questions on race, color, religion, sex, military status, familial status, ancestry, disability or national origin, and do not ask whether an applicant has a disability or how severe it is, except as that law allows (Ohio Rev. Code ch. 5321; Ohio Rev. Code § 4112.02(H)(8); Ohio Rev. Code § 4112.02(H)(17)).

• Questions you may ask every applicant include whether the applicant can meet the requirements of the tenancy, currently uses a controlled substance illegally, or has ever been convicted of or pleaded guilty to an offense involving the illegal sale, manufacture or distribution of a controlled substance (Ohio Rev. Code § 4112.02(H)(17)).
• Anyone may make inquiries and keep records about those characteristics for the purpose of monitoring compliance with the fair housing law (Ohio Rev. Code § 4112.02(H)(8)).
• Reasonable occupancy standards based on the number and size of bedrooms and the overall size of the unit are allowed if they are not used to get around the fair housing law (Ohio Rev. Code § 4112.024(C)).
• In Columbus, an operator may not knowingly reject or discourage a prospective tenant, misstate availability, or impose different rental prices, terms or fees because of the person's source of income. The city includes lawful income that can be verified, such as wages, Social Security, rent vouchers, child support and public assistance. Check the property's city before choosing criteria; the state list alone does not describe every local protection (Columbus City Code 4551.03(a); Columbus City Code 4501.378).
• For a Columbus income threshold, subtract a rent voucher or subsidy from the total monthly rent before testing whether the income requirement is met. Record the subsidy and tenant-paid portions separately so a full-rent income multiplier does not screen out an otherwise qualified voucher applicant. This city-specific calculation does not decide the applicant's overall eligibility or establish another city's rules (Columbus City Code 4551.03(b)).

Start with lawful criteria for the actual rental and confirm the report belongs to the applicant. A screening score or recommendation does not establish that every underlying item is accurate or permitted for use. Federal consumer-report duties apply alongside Ohio fair-housing rules and any additional local or program requirements (CFPB: rental denial and screening reports; CFPB: review a rental background check).

• Review dates, duplicate records and the final outcome of court entries. A filed case is not the same as a judgment or completed eviction. Preserve corrective information the applicant provides and direct report errors to the reporting company's dispute process. Keep a secure record of the criteria, authorization, report date and relevant facts considered rather than relying on an unexplained risk label (CFPB: review a rental background check).
• If report information helps cause a denial or less favorable rental terms, give an adverse-action notice. Name the reporting company and provide its address and phone number, explain that it did not decide the application and cannot explain your reasons, and describe the right to dispute inaccuracies and obtain a free report from that company within sixty days of the notice. Written records are useful even where federal law permits an oral or electronic notice; review additional duties if using investigative reports or credit scores (CFPB: rental denial and screening reports; FTC: landlord consumer-report guidance).
• Check the property's municipality before finalizing criteria. The Columbus source-of-income protections and subsidy-adjusted income calculation are explained under application and screening fees; they are a city-specific example. Keep the subsidy and applicant-paid amounts clear and review applicable accommodation requests rather than assuming a statewide summary answers every local or individual issue (Columbus City Code 4551.03(a); Columbus City Code 4501.378).See Application and screening fees on the Ohio page

Ohio's fair housing law bars refusing to rent or to negotiate, otherwise making housing unavailable, and setting different terms, conditions, facilities or services because of race, color, religion, sex, military status, familial status, ancestry, disability or national origin, and it bars discriminatory statements and advertising. You must make reasonable accommodations in rules, policies, practices and services when needed for a person with a disability to have equal opportunity to use and enjoy a dwelling, and permit reasonable modifications at the tenant's expense (Ohio Rev. Code § 4112.02(H); Ohio Rev. Code § 4112.01; Ohio Rev. Code § 4112.024; Ohio Rev. Code § 4112.055).

• Familial status covers a child under 18 living with a parent or guardian who has legal custody of the child, or living, with that parent's or guardian's written permission, with a designee of the parent or guardian, and anyone who is pregnant or securing legal custody of a child under 18 (Ohio Rev. Code § 4112.01(A)(15)).
• Military status means a person's status in service in the uniformed services (Ohio Rev. Code § 4112.01(A)(22)).
• For a modification, you may ask for a description and assurances of workmanlike work and permits, a restoration agreement where reasonable, and in some cases payments into an interest-bearing escrow for restoration whose interest goes to the tenant; you may not require a larger security deposit than you customarily require of all tenants (Ohio Rev. Code § 4112.02(H)(18)).
• The exemptions are narrow: a religious organization, or a nonprofit charitable or educational organization run by or in connection with one, may limit housing it owns or operates for other than a commercial purpose to persons of the same religion or give them preference, unless membership in the religion is restricted by race, color or national origin; a bona fide private or fraternal organization may limit its noncommercial lodgings to its members or give them preference; and, for familial status only, qualifying housing for older persons is exempt. Reasonable occupancy standards are allowed, and no one must rent to a person whose tenancy would be a direct threat to others' health or safety or cause substantial physical damage to others' property (Ohio Rev. Code § 4112.024).
• Source of income is not among the characteristics the state law lists (Ohio Rev. Code § 4112.02(H)).
• A charge with the Ohio Civil Rights Commission must be in writing and under oath: within one year for housing discrimination under 4112.02(H), which includes coercing or interfering with anyone exercising fair housing rights, and within six months for retaliation under 4112.02(I) against someone who opposed discrimination or took part in a charge, investigation or hearing. An aggrieved person may also sue over a housing violation in the court of common pleas within one year (Ohio Rev. Code § 4112.05(B)(1); Ohio Rev. Code § 4112.02(H)(12); Ohio Rev. Code § 4112.02(I); Ohio Rev. Code § 4112.055(A)(1)).