“What can I do when a rental applicant’s low credit score is a result of a disability?”
January 28, 2025
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.
Q: I have an application for a rental unit, and the applicant’s credit score is below our normal criteria. After informing him of that, I got a letter from a case worker at a local community service board stating that the applicant has a mental condition that makes it difficult for him to manage money appropriately. Because of this, the letter states that the low credit score is a result of his disability and is asking for a reasonable accommodation. What can I do?
A: This is a tricky one. First, HUD guidance says that credit history isn’t the best indicator of potential on-time rent payment if there is no credit history or very little credit history. However, in this situation, the tenant’s disability could present an ongoing challenge with money that could affect his ability to pay rent in a timely manner. Because there is really no clear guidance for a situation like this, we can’t provide a definitive answer to the question. If you encounter a situation like this, we would advise you to consult with an attorney who specializes in Fair Housing Law before issuing a denial based on the credit score.
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