Can I require tenants to be U. S. citizens?
The federal Fair Housing Act prohibits discrimination on the basis of race, color, national origin, religion, sex, familial status, and disability. Citizenship is not among the federally protected classes.
Any landlord who plans to use citizenship as part of their tenant screening protocol should develop a policy and apply it uniformly in a non-discriminatory fashion. You may not selectively ask for immigration information—that is, you must ask it of all prospective tenants, not just those you suspect to be in the country illegally. It is not illegal to ask housing applicants to provide documentation of their citizenship or immigration status as long as you have a legitimate basis for doing so.
However in some state and some cities there are protections against discrimination based citizenship or immigration status. As example, California Civil Code Section 1940.3(b) states in part:
“A landlord, or any agent of the landlord, shall not do any of the following:
(1) Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.
(2) Require that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status…”
Under the New York City Human Rights Law, it is illegal for landlords to discriminate against tenants based on their actual or perceived immigration status, including:
Requiring tenants to provide proof of citizenship or documentation detailing their immigration status.
Refusing to sell, rent, or lease housing because of a tenant’s immigration status or national origin.