Understanding how citizenship and immigration status relate to fair housing compliance can be a complex issue—especially in today’s environment. But one thing is clear: the Fair Housing Act protects every person in the United States, regardless of whether they are a citizen.
So what does that mean for housing providers and property managers?
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Fair Housing Protections Apply to Everyone in the U.S.
Let’s clear up a common misconception: Fair housing rights are not limited to U.S. citizens. The Fair Housing Act is a federal law that applies to all individuals living in the United States, regardless of immigration status. While immigration status is not a protected class under the federal act, national origin is. This means that actions or questions that single someone out based on their place of origin, accent, or language spoken may be viewed as discriminatory.
Housing providers must be careful not to blur the line between permissible screening criteria and actions that could be seen as discrimination based on national origin.
What You Can Ask—and When
The type of property you manage plays a key role in what you can and cannot ask during the application process.
For federally subsidized housing—such as HUD-funded properties, rural development programs, or housing choice voucher programs—there are eligibility requirements tied to immigration status. In these cases, housing providers are required to ask about legal immigration status to determine whether an applicant qualifies for assistance.
However, for conventional or market-rate properties, there is no such requirement or justification to ask about immigration status. In fact, doing so can open the door to a discrimination claim if it appears that applicants are being treated differently based on national origin.
So what can you do? It’s perfectly acceptable to request standard documentation to verify an applicant’s identity and eligibility, such as:
- A valid government-issued ID
- Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN)
- Proof of income and employment
These types of documents are typically used for background, credit, and criminal history checks and are standard across most housing providers.
The Importance of Consistency
One of the biggest risks comes from inconsistency. If you request additional documents or ask different questions only from applicants you suspect may not be citizens, you may be seen as treating them differently based on national origin—whether or not that was your intent.
To stay compliant:
- Apply your screening criteria equally to all applicants.
- Avoid making assumptions based on language, name, or appearance.
- Document your process and ensure staff are trained to follow it consistently.
Bottom Line for Housing Providers
Citizenship status alone is not a valid reason to deny housing. While there are different rules for subsidized and non-subsidized housing, the guiding principle remains the same: treat every applicant fairly and consistently, and avoid any actions that could suggest bias based on national origin.
When in doubt, consult legal guidance and ensure your team receives up-to-date fair housing training. In this ever-evolving regulatory landscape, staying consistent isn’t just smart—it’s essential.
