Why “Flexible” Tenant Screening Is a Fair Housing Risk — And What to Do Instead

You know what phrase makes fair housing attorneys nervous? “We’re flexible with our screening criteria.” I get it — landlords want to fill vacancies quickly, and being “flexible” sounds reasonable, even generous. But here’s the problem: flexibility in screening isn’t just risky — it’s a fair housing lawsuit waiting to happen.

Let me explain why. When you tell applicants you’re “flexible,” what you’re really saying is: “I make decisions on a case-by-case basis.” And that’s where the danger lies. Fair housing law doesn’t care about your good intentions. What it cares about is whether similarly situated applicants are treated the same way. When you’re flexible, you’re opening the door to inconsistent treatment — and inconsistent treatment is the foundation of a discrimination claim.

Here’s a real example: You approve an applicant with a 605 credit score because you had a “good vibe.” A week later, you deny someone else with a 610 credit score. Maybe you had different reasons. Maybe you were having a bad day or just felt “uncertain.” But now you’ve created a pattern that a fair housing investigator will absolutely notice.

So what’s the answer? It’s actually simpler than you think: create clear, objective screening criteria — and apply them consistently to every single applicant.

Here’s what that looks like. First, establish minimum requirements that are actually necessary for tenancy. Income at 3 times the rent. No evictions in the past 3 years. Credit score of 600 or higher.

Second, write these criteria down. Put them in your rental listing. Give them to every applicant. Post them on your website.

Third — and this is critical — apply them the same way every time. If someone doesn’t meet your criteria, they don’t get approved. No exceptions for people you like. No special consideration for compelling stories. Same standards, same process, every applicant.

Now, you might be wondering: “What if someone has a legitimate reason for not meeting my criteria?” Great question. The key is to build those exceptions into your written criteria in advance. For example, instead of being “flexible” about income, you could say: “Applicants must show income of 3 times the rent, OR provide a qualified co-signer.” Instead of “wavering” on credit score, you could say: “Credit score must be 600 or higher, OR provide written explanations AND additional references.” See the difference? These aren’t case-by-case judgment calls. These are predetermined, written policies that apply equally to everyone.

Here’s the bottom line: flexibility in screening criteria isn’t a kindness — it’s a liability. The properties that win fair housing cases aren’t the ones with the nicest landlords. They’re the ones with clear written policies, consistent application, and documentation of every decision.

Being consistent isn’t about being rigid. It’s about being fair. And in fair housing, fair isn’t just the right thing to do — it’s the legally required thing to do.

Follow the link at the end of this video to read our full guide. Next week, we’ll talk about protected classes — another screening mistake that landlords make all the time: asking questions you think are innocent but are actually illegal. You won’t want to miss it.

Until then, review your screening criteria. Make sure they’re written down. Make sure they’re objective. And make sure you’re applying them the same way, every time. See you next week.