How to Review Tenant Documents Fairly

Reviewing tenant documents fairly means asking every applicant for the same documents, judging them against criteria you wrote down first, and giving a neutral, specific reason whenever something isn't right. It protects applicants from unfair treatment and protects you from a discrimination complaint.

This guide works for any country. Where a rule only applies in one place, such as New York City or England, it says so.

1. Write your criteria before you ask for anything

Decide what a successful application looks like, and put it in writing in the listing or the application: for example, the minimum income compared with the rent, the references you need, and how you'll treat a guarantor. Then use exactly that list for every applicant for the unit.

Writing it down first matters because discrimination often happens through inconsistency: asking one applicant for an extra bank statement, or overlooking a gap for another. In the US, the Fair Housing Act makes it unlawful to refuse to rent to anyone because of race, color, religion, sex, familial status or national origin, and it also protects people with disabilities. Many places add more protected groups:

• New York City adds, among others, lawful source of income, the presence of children, lawful occupation, criminal record and status as a victim of domestic violence, stalking or sex offenses. Income from a voucher counts like any other income; see source-of-income rules for landlords.
• England: since 1 May 2026, landlords cannot discriminate against potential tenants who are on benefits or who have children.
• Elsewhere: rules differ, and we haven't verified the fair-housing law for every country. The same written criteria for everyone is the safest practice anywhere.

2. Ask only for what you need

Every document you collect is personal data you have to protect. Data protection laws in the EU (including Cyprus), the UK and Ghana all say to collect no more than the purpose needs. The GDPR puts it as "adequate, relevant and limited to what is necessary," and Ghana's Data Protection Act, 2012 as "necessary, relevant and not excessive."

A typical rental needs proof of identity, proof of income or employment, and sometimes a reference. You rarely need more. Never ask for:

• ID numbers typed into a form or message (a Social Security, national ID or passport number)
• Immigration or citizenship status. The exception is England's Right to Rent check, which must be done for all tenants aged 18 and over; GOV.UK says it is illegal to check only people you think are not British citizens
• Medical information or a diagnosis
• Criminal history, unless the law allows it at that stage. In New York City, the Fair Chance Housing Law lets most landlords look at criminal history only after a written conditional offer
• Anything about a protected characteristic, such as religion, marital status or plans to have children

When you ask for bank statements, tell applicants they can cover account numbers, as Citizens Advice suggests to renters in England. You need the name, the period and the income, not their spending.

3. Review the document, not the person

Look at each document for the few things it is meant to show. Write down what you checked, not your impression of the applicant.

Our guide to the employment verification letter lists what a good letter contains, so you know what to expect.

4. Accepted and verified are different

To verify an employment letter, find the employer's main number or website yourself, rather than using a number printed on the letter, and ask HR to confirm the details. Tell the applicant before you contact anyone about them. Keep a note of how you checked.

5. When something isn't right, give a neutral reason

Most problems are fixable: a blurry photo, a missing page, an old date. Ask for a new file with a specific, neutral reason, so the applicant knows exactly what to send next.

6. Decide by your criteria, and follow local rules

1. 1

   Apply the written criteria in the same order for everyone

   If an application meets them, the documents have done their job. If it doesn’t, the reason is one of your criteria.
2. 2

   United States: give an adverse action notice when a consumer report played a part

   The FTC counts denying an application, requiring a co-signer, a larger deposit or a higher rent as adverse action. If a screening report played any part, the notice must name the reporting company (name, address and phone number), say it did not make the decision, and explain the right to dispute the report.
3. 3

   New York State: court records and fees

   Real Property Law § 227-f bars refusing to rent because someone was in a past or pending landlord-tenant case, and presumes a violation if you pull such records and then refuse. New York’s Section 238-a caps the background or credit check fee at the actual cost or $20, whichever is less.
4. 4

   New York City: criminal history comes last

   Under the Fair Chance Housing Law, review criminal history only after a written conditional offer, give the applicant a copy and 5 business days to respond, and make an individualized assessment.

More detail for New York: tenant screening rules in New York, housing court records and screening and the Fair Chance Housing Law.

7. Keep files only as long as you need them

Once you've chosen a tenant, delete the documents of applicants you didn't select. The GDPR says personal data should be kept "for no longer than is necessary," and Ghana's Data Protection Act (section 24) has a similar rule. In the US, the FTC says to securely dispose of screening reports once you're done with them. Keep the selected tenant's documents securely for the tenancy.

On the Roofy dashboard, documents from applicants who weren't selected are deleted after 30 days by default, every decision shows who made it ("Accepted by" or "Verified by" with your name), and the reasons above are the only presets. Roofy doesn't verify documents or score applicants; the decision is yours.

Fair review checklist

Tick off each check as you go. Your progress stays in this browser.

To check income against the rent consistently, use the tenant income ratio calculator for every applicant.