Can I choose not to rent to older tenants?

When you choose to selectively offer tenancy to some individuals and not to others you have violated Fair Housing Acts. Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended, prohibits discrimination in housing and housing related transactions based on race, color, religion, sex, national origin, disability or familial status. While the Act does not expressly ban discrimination based on age, age discrimination is prohibited under the broader discrimination protections afforded familial status and disability.

Additionally, many states and some cities have fair housing laws that provide additional anti-discrimination protections for age.  You cannot refuse to rent to older tenants or require additional terms and conditions for tenancy solely because of age. Your rental standards apply to all prospects, applicant, and tenants. If an older individual applies for a vacancy and qualifies under your rental standards, you must give the applicant fair consideration for tenancy when all other factors are equal.

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