Fair Housing Laws and Tenant Screening: What Landlords Can and Cannot Ask

Last month, a landlord in our VerticalRent community shared a story that stopped me cold. During a tenant interview, she casually asked an applicant when she was expecting her baby—noticing the woman was visibly pregnant. The conversation felt friendly, even supportive. Two weeks later, that landlord received a fair housing complaint that cost her $15,000 in legal fees and a settlement, plus months of stress that nearly made her sell her rental properties altogether. The question seemed innocent, but it violated federal fair housing tenant screening laws in ways she never anticipated.

After fifteen years in the property management industry and countless conversations with independent landlords, I can tell you that this scenario plays out more often than you'd think. Most landlords aren't discriminating intentionally—they're simply unaware of where the legal lines are drawn. The intersection of fair housing laws and tenant screening represents one of the most legally treacherous areas for rental property owners, and the stakes have never been higher. Fair housing complaints have increased by 23% over the past five years, with individual landlords representing a growing percentage of respondents.

When my co-founder and I rebuilt VerticalRent from the ground up in 2026, we made fair housing compliance a cornerstone of our platform. We'd seen too many good landlords make costly mistakes simply because they didn't have the right tools or knowledge. The truth is, effective tenant screening and fair housing compliance aren't opposing forces—they work together to help you find great tenants while protecting your business and treating every applicant fairly.

This comprehensive guide will walk you through everything you need to know about fair housing tenant screening, from the federal laws that apply to every landlord to the state-specific regulations that might affect your properties. You'll learn exactly which questions you can ask, which ones will land you in legal trouble, and how to build a screening process that protects both your investment and your applicants' rights. Whether you own one rental unit or fifteen, this knowledge is essential for your success as a landlord.

What You'll Learn in This Guide

• The seven federally protected classes under the Fair Housing Act and how they apply to your tenant screening process
• Exactly which questions you can legally ask applicants—and which ones to avoid at all costs
• State-by-state variations in fair housing laws that may add additional protected classes in your area
• How to conduct compliant interviews, application reviews, and background checks
• Documentation practices that protect you from fair housing complaints
• Step-by-step implementation of a legally compliant screening process using modern tools and technology

Understanding the Fair Housing Act: The Foundation of Legal Tenant Screening

The Fair Housing Act, originally passed as Title VIII of the Civil Rights Act of 1968 and amended several times since, forms the bedrock of all tenant screening regulations in the United States. This federal law prohibits discrimination in housing-related transactions based on seven protected classes: race, color, national origin, religion, sex, familial status, and disability. Every landlord in America, regardless of portfolio size, must understand these protections and how they apply to the rental process.

What many independent landlords don't realize is that the Fair Housing Act applies to virtually every aspect of the landlord-tenant relationship—not just the decision to rent. It covers advertising, showing properties, application processes, lease terms, maintenance, and even the termination of tenancy. When you're screening tenants, you must ensure that every step of your process treats all applicants equally, regardless of their membership in any protected class.

The "sex" protection has evolved significantly through regulatory interpretation and court decisions. Today, it encompasses sexual orientation and gender identity in many jurisdictions, following HUD's interpretation of the Fair Housing Act. Additionally, "familial status" protects families with children under 18, pregnant women, and anyone in the process of obtaining legal custody of a minor. The only exception is housing that qualifies as "housing for older persons" under specific criteria.

Critical Warning: The Fair Housing Act applies to most housing in the United States, with very limited exceptions. The so-called "Mrs. Murphy exemption" only applies to owner-occupied buildings with four or fewer units, and even then, it doesn't exempt you from the advertising provisions or state/local fair housing laws. When in doubt, assume the law applies to you.

Disability protections under the Fair Housing Act are particularly robust. The law requires landlords to make reasonable accommodations in rules, policies, and services, and to allow reasonable modifications to the property. During screening, you cannot ask about the nature or severity of a disability, but you can verify that an applicant meets your standard qualification criteria. Understanding this distinction is crucial—it's where many landlords inadvertently cross legal lines.

For a deeper dive into how these protections affect your daily operations, I recommend reviewing our Fair Housing Act Guide for Landlords, which covers each protected class in detail and provides specific examples of compliant and non-compliant practices.

Protected Classes: Federal, State, and Local Layers of Protection

While federal law establishes the baseline of seven protected classes, many states and localities have expanded these protections significantly. As a landlord, you must comply with the most restrictive applicable law, which means understanding protections at all three levels—federal, state, and local. This layered system can create complexity, but it's essential knowledge for avoiding fair housing violations.

Several states have added source of income as a protected class, meaning you cannot automatically reject applicants who pay rent using housing vouchers, such as Section 8. States with source of income protections include California, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oklahoma, Oregon, Utah, Vermont, Virginia, Washington, and the District of Columbia, among others. Some cities have enacted similar protections even in states that haven't.

Additional Protected Class	States with This Protection (Examples)	Screening Implications
Source of Income	CA, CT, MA, NJ, NY, OR, WA, and 15+ others	Cannot reject applicants solely for using housing vouchers or other assistance
Sexual Orientation	CA, CO, CT, IL, MA, NJ, NY, WA, and 20+ others	Cannot ask about or consider sexual orientation in rental decisions
Gender Identity	CA, CO, CT, IL, MA, NJ, NY, WA, and 20+ others	Cannot discriminate based on gender identity or expression
Marital Status	AK, CA, CT, DE, HI, IL, MD, MA, MI, MN, MT, NH, NJ, NY, OR, WA, WI	Cannot prefer married couples over unmarried individuals or couples
Age	CA, CT, NJ, NY, and others	Cannot discriminate against adults based on age (exceptions for senior housing)
Veteran/Military Status	CA, CT, IL, NY, TX, and others	Cannot discriminate based on military service or veteran status
Criminal History	CA, IL, NJ, NY, OR, WA (various restrictions)	May be restricted in how/when you can consider criminal records

Criminal history consideration has become increasingly regulated. Several jurisdictions now have "ban the box" laws that prohibit asking about criminal history on rental applications or restrict when during the screening process you can conduct criminal background checks. Some require individualized assessments of criminal records rather than blanket policies. This doesn't mean you can't consider criminal history at all—it means you must follow specific procedures and consider factors like the nature of the offense, time elapsed, and relevance to tenancy.

Understanding Local Variations

Beyond state laws, many cities and counties have enacted their own fair housing ordinances with additional protections. For example, Seattle protects against discrimination based on political ideology. San Francisco protects against height and weight discrimination. Madison, Wisconsin protects students. These local laws apply alongside federal and state protections.

At VerticalRent, we've built our tenant screening system to help landlords navigate these complex, overlapping regulations. Our platform automatically identifies the applicable fair housing laws based on your property's location and guides you through a compliant screening process. This is particularly valuable for landlords who own properties in multiple jurisdictions with different rules.

Questions You Can Legally Ask During Tenant Screening

Now let's get practical. Understanding what you CAN ask is just as important as knowing what's prohibited. Legitimate screening criteria focus on an applicant's ability to pay rent, likelihood of fulfilling lease obligations, and history as a tenant. Here's a comprehensive breakdown of questions that are generally permissible during the tenant screening process.

Financial qualification questions form the backbone of legitimate screening. You can ask about current employment status, employer name and contact information, length of employment, income amount and sources, and request pay stubs or other income verification. You can also ask about other income sources such as retirement benefits, alimony, child support (if the applicant voluntarily discloses), investment income, or self-employment earnings. The key is applying these criteria consistently to all applicants.

Rental History Questions

Questions about rental history are essential and perfectly legal. You may ask for the names and contact information of previous landlords, dates of previous tenancies, rental amounts paid at previous addresses, and reasons for leaving previous rentals. You can also ask whether the applicant has ever been evicted—this is a matter of public record and directly relevant to their suitability as a tenant.

• Previous landlord references: Request 2-3 previous landlord contacts and actually call them
• Rental payment history: Ask if rent was paid on time and the amount paid
• Lease compliance: Ask about lease violations or property damage at previous residences
• Length of tenancy: Longer tenancies often indicate stability
• Reason for moving: Legitimate question that helps you understand applicant circumstances
• Notice given: Ask whether proper notice was given before leaving

You can ask how many people will be occupying the unit, as occupancy limits based on reasonable standards (typically two people per bedroom under federal guidelines) are permitted. However, you cannot set occupancy limits so restrictive that they effectively discriminate against families with children. The key is establishing reasonable, consistent standards that comply with local occupancy codes.

Pro Tip: Create a standardized list of questions that you ask every single applicant. This consistency is your best protection against fair housing complaints. If someone claims discrimination, you can demonstrate that you asked the same questions and applied the same criteria to everyone.

Our complete guide on how to screen tenants provides detailed scripts and question templates you can use, along with a standardized application form that covers all legitimate areas of inquiry while avoiding problematic questions.

Questions You Absolutely Cannot Ask: The Danger Zone

This section could save you from a lawsuit. Many fair housing violations occur not because landlords intend to discriminate, but because they ask questions that seem harmless but actually violate protected class provisions. Let me walk you through the questions that should never come up during tenant screening, showing units, or any landlord-tenant communication.

Questions about family composition are a major trap for well-meaning landlords. You cannot ask if someone is married, planning to get married, divorced, or single. You cannot ask if an applicant has children, is pregnant, or plans to have children. You cannot ask about custody arrangements or where an applicant's children will attend school. You cannot ask about who will be babysitting children in the unit. Even questions like "Is it just you?" can be problematic because they probe family status.

Religion and National Origin Pitfalls

Questions about religion and national origin often arise in innocent-seeming small talk that can land you in serious trouble. You cannot ask what church someone attends, whether they observe certain holidays, or where they were born. You cannot ask about citizenship status (you can only ask if they are legally authorized to live in the United States). You cannot ask about their native language, accent origin, or ethnic background. Even complimenting someone's accent or asking about their "interesting name" can be grounds for a complaint.

Protected Class	Prohibited Questions (Examples)	Why It's Problematic
Race/Color	"What's your background?" "What neighborhood did you grow up in?"	Can be proxies for race; no legitimate screening purpose
National Origin	"Where are you from?" "What country were you born in?" "That's an interesting accent."	Directly probes protected characteristic; irrelevant to tenancy
Religion	"What church do you attend?" "Will you be home on Sundays?" "Do you need to install a mezuzah?"	Religious practice is protected; cannot factor into decisions
Sex/Gender	"Are you male or female?" "What name were you born with?"	Gender identity is protected; irrelevant to tenancy
Familial Status	"Do you have kids?" "Are you pregnant?" "Is this for just you or your family?"	Cannot discriminate against families with children
Disability	"Do you have any disabilities?" "Why do you need that wheelchair?" "What medications do you take?"	Cannot inquire about nature/severity of disability
Source of Income (where protected)	"Do you use Section 8?" "Is your income from welfare?"	In protected jurisdictions, cannot reject based on income source

Disability-related questions deserve special attention because they're so frequently mishandled. You cannot ask about the nature or severity of a disability. You cannot ask about medications, treatments, or medical history. You cannot ask why someone uses a wheelchair, service animal, or other assistive device. You cannot ask if someone has HIV/AIDS, mental illness, or any specific condition. If an applicant requests an accommodation or modification, you may only ask for documentation that verifies they have a disability-related need for the request—not about the disability itself.

Even questions about lifestyle can cross the line. You cannot ask about sexual orientation or gender identity. You cannot ask about political beliefs or affiliations. In some jurisdictions, you cannot ask about legal marijuana use or recreational habits that don't affect tenancy. The safest approach is to stick strictly to questions about ability to pay rent, rental history, and compliance with lease terms.

Conducting Compliant Background Checks and Credit Reports

Background checks and credit reports are essential tenant screening tools, but they come with their own set of legal requirements. The Fair Credit Reporting Act (FCRA) governs how you obtain, use, and act upon consumer reports, including credit reports and background checks. Violations can result in statutory damages, actual damages, and attorney's fees—making compliance essential for every landlord.

Before you can pull any consumer report, you must obtain written consent from the applicant. This consent must be clear, conspicuous, and on a standalone document (not buried in your rental application). The applicant must understand they're authorizing you to obtain their credit report and background check. At VerticalRent, our application system includes FCRA-compliant authorization language that's been reviewed by legal experts, ensuring you have proper consent documented for every applicant.

The Adverse Action Process

If you reject an applicant based in whole or in part on information in a consumer report, you must follow the adverse action process. This requires providing the applicant with a pre-adverse action notice before making the final decision, giving them time to dispute any inaccurate information. Then, after your decision is final, you must provide an adverse action notice that includes the name and contact information of the credit reporting agency, a statement that the agency didn't make the decision and can't explain why, and notice of the applicant's right to obtain a free copy of their report and dispute its accuracy.

• Pre-adverse action notice: Inform applicant you're considering rejection based on report information
• Waiting period: Give reasonable time (typically 5 business days) for applicant to respond
• Consider disputes: If applicant disputes information, consider their explanation
• Final adverse action notice: Provide required disclosures with rejection decision
• Document everything: Keep copies of all notices and the reports that informed your decision

For a complete walkthrough of FCRA requirements, including template notices and step-by-step compliance procedures, see our guide on FCRA compliance landlords. This is one of the most frequently violated areas of tenant screening law, and the penalties can be severe—up to $1,000 per violation in statutory damages alone.

Important: Even if you don't formally reject an applicant but increase their security deposit or require a co-signer based on credit report information, this counts as an adverse action and triggers the same notice requirements. Many landlords miss this nuance and expose themselves to liability.

VerticalRent's AI-powered tenant screening includes built-in FCRA compliance, automatically generating the required notices and tracking the proper waiting periods. Our AI risk scoring system provides you with comprehensive applicant evaluations while maintaining full compliance with fair housing and consumer protection laws. This combination of powerful screening tools and legal safeguards is exactly why we rebuilt the platform from scratch in 2026.

Criminal Background Checks: Navigating the New Landscape

Criminal background check policies have undergone dramatic changes in recent years. The combination of fair housing guidance from HUD and state/local legislation has transformed what was once a simple "check the box" process into a nuanced area requiring careful policy design. Understanding these changes is critical for avoiding discrimination claims while still protecting your property and other tenants.

In 2016, HUD issued guidance stating that blanket criminal record policies—those that automatically reject anyone with a criminal record—may violate the Fair Housing Act due to disparate impact on protected classes. Because arrest and incarceration rates are statistically higher for certain racial groups, policies that rely on criminal history may disproportionately affect those groups, creating liability even without discriminatory intent.

The Individualized Assessment Requirement

The current legal framework requires what's called an "individualized assessment" when considering criminal history. This means looking at each applicant's situation rather than applying automatic disqualifications. You should consider the nature and severity of the offense, how much time has passed since the offense, and any evidence of rehabilitation or changed circumstances. You should also consider whether the offense has a legitimate connection to tenancy—for example, property destruction is more relevant than a decades-old minor offense.

Some jurisdictions have codified these requirements into law. California, for instance, requires landlords to conduct individualized assessments and limits how far back criminal history can be considered. Seattle prohibits considering most criminal records until a conditional approval has been extended. Illinois has specific requirements for how and when criminal history can be used in rental decisions. Always check your state and local laws before designing your criminal background check policy.

Arrests that didn't lead to convictions generally should not be used in tenant screening decisions. An arrest alone doesn't establish that someone committed a crime, and using arrests as the basis for rejection has been identified as a fair housing concern. Some states have explicitly prohibited consideration of arrest records. Convictions, especially recent ones for relevant offenses, remain permissible criteria when properly evaluated through individualized assessment.

At VerticalRent, we've designed our criminal background check reports to facilitate compliant individualized assessments. The reports provide the information you need—offense type, severity, date, and outcome—while our guidance prompts you to consider the appropriate factors before making a decision. This helps you maintain your safety standards while reducing legal risk.

Establishing and Documenting Consistent Screening Criteria

Your single most important protection against fair housing complaints is consistency. If you can demonstrate that you apply the same criteria to every applicant in the same way, you've eliminated the foundation of most discrimination claims. This requires establishing clear, written criteria before you begin screening and documenting how those criteria are applied to each applicant.

Start by writing out your tenant screening criteria. What minimum credit score do you require? What income-to-rent ratio? How do you evaluate rental history? What specific criminal history factors would disqualify an applicant? Put these standards in writing and apply them uniformly. Your criteria should be business-related and applied consistently—these are the two tests that will determine whether your practices survive legal scrutiny.

Creating a Screening Standards Document

Your screening standards document should cover each of the following areas with specific, measurable criteria:

• Income requirements: Monthly income must be at least 3x the monthly rent (document acceptable verification methods)
• Credit criteria: Minimum credit score (e.g., 620), acceptable debt-to-income ratio, how you handle applicants with no credit history
• Rental history: Require positive references from X previous landlords, how to handle first-time renters
• Eviction history: Specify your policy on previous evictions, including time limitations
• Criminal history: List specific offenses that would disqualify, timeframes, and individualized assessment criteria
• Occupancy standards: Reasonable occupancy limits that comply with local codes

Documentation is equally important. For every applicant, document what criteria were applied, what information was gathered, and how the decision was made. If you reject an applicant, document the specific reasons based on your written criteria. If you accept an applicant who marginally meets your criteria, document why. This documentation should be retained for at least three years—longer in some jurisdictions.

Best Practice: Use a tenant screening checklist for every applicant. Check off each criterion as you evaluate it, note the relevant information, and document your decision. If you're ever accused of discrimination, this checklist becomes your primary evidence that you followed a consistent, non-discriminatory process.

The VerticalRent platform includes built-in documentation tools that automatically create an audit trail of your screening process. Every application is evaluated against your stated criteria, and the system generates a compliance record showing how each factor was considered. This automated documentation has helped our landlords successfully defend against fair housing complaints by demonstrating consistent, objective decision-making.

Handling Requests for Reasonable Accommodations and Modifications

The Fair Housing Act requires landlords to make reasonable accommodations in rules, policies, and services for persons with disabilities, and to allow reasonable modifications to premises. During the screening process and throughout tenancy, you'll likely encounter these requests. Understanding how to handle them properly is essential for fair housing compliance.

A reasonable accommodation is a change to a rule, policy, or service that enables a person with a disability to have equal opportunity to use and enjoy the housing. Common examples include allowing a service or emotional support animal despite a no-pet policy, providing a reserved parking space closer to the unit for someone with mobility limitations, or allowing rent payment on a different date for someone whose disability income arrives mid-month.

Evaluating Accommodation Requests

When you receive a request for a reasonable accommodation, you may verify two things: (1) that the person has a disability (if not obvious), and (2) that the accommodation is necessary because of the disability. You cannot ask about the nature or severity of the disability. Acceptable verification is a letter from a healthcare provider or other qualified professional stating that the person has a disability and that the requested accommodation is necessary because of that disability.

You must grant the request unless it would constitute an undue financial or administrative burden, fundamentally alter the nature of your operations, or pose a direct threat to the health or safety of others that cannot be mitigated. The bar for these exceptions is high—"undue burden" means significant difficulty or expense, not mere inconvenience. Most accommodation requests will not meet these exceptions.

Reasonable modifications are physical changes to the property that a person with a disability needs to fully use the dwelling. Examples include installing grab bars in bathrooms, widening doorways for wheelchair access, or building a ramp. Under the Fair Housing Act, you must allow reasonable modifications, but the tenant is generally responsible for the cost. However, if you receive federal funding (such as through the Section 8 program), you may be required to pay for modifications.

• Receive request in writing: Ask for accommodation/modification requests in writing to document properly
• Verify disability-related need: Request verification only if the disability and need aren't obvious
• Engage in interactive process: Discuss the request with the applicant/tenant to explore options
• Respond promptly: Undue delay in responding to requests can itself be a violation
• Document everything: Keep records of requests, verifications, and your responses
• Don't retaliate: Never treat someone differently because they made a request

Service animals and emotional support animals deserve special attention. Under the Fair Housing Act, you must allow both, even if you have a no-pet policy and regardless of local leash laws or breed restrictions. You may ask for disability verification for emotional support animals (if the disability isn't obvious), but you cannot ask for certification, registration, or training documentation. You cannot charge pet deposits or pet rent for assistance animals, though you can charge for damages they cause.

Fair Housing in Advertising and Marketing

Fair housing compliance begins before you even meet an applicant—it starts with your advertising. The Fair Housing Act prohibits discriminatory advertising, and this includes everything from your Zillow listing to the "For Rent" sign in your yard. Understanding what you can and cannot say in advertising is essential for fair housing tenant screening compliance.

You cannot make any statement indicating a preference, limitation, or discrimination based on protected classes. This includes obvious violations like "No children" or "Christians only," but also more subtle ones like "Perfect for professionals" (age/familial status), "Walking distance to St. Mary's Church" (religion), or "Great for singles" (familial status). Even describing the neighborhood in ways that suggest a particular demographic—"Young, hip area" or "Quiet, mature community"—can be problematic.

Safe Advertising Practices

Focus your advertising on the property itself, not on the type of tenant you prefer. Describe the physical features, amenities, location, terms, and requirements. You can state your legitimate screening criteria: "Income verification required," "Background check required," "Credit check required." You can describe the property as having features that appeal broadly without targeting or excluding protected classes.

Words and phrases to avoid in advertising include:

• References to religion: "Near houses of worship," "Christmas display allowed"
• References to familial status: "Perfect for couples," "Adult community," "No children"
• References to national origin: "English speakers only," specific ethnic neighborhoods
• References to disability: "Not suitable for wheelchairs," "Must be able to climb stairs"
• References to sex/gender: "Female roommate wanted" (unless sharing living space)
• Age references: "Great for young professionals," "Mature tenants only"

Photography can also create fair housing issues. If your advertising photos consistently show only people of a certain race, age, or family composition, this can suggest discriminatory preferences. Use photos that focus on the property rather than people, or ensure diversity in any people depicted. The same principle applies to virtual tours and video content.

VerticalRent's listing syndication tools include built-in fair housing language checking that flags potentially problematic phrases in your listings before they're published. This automated review catches issues that even well-intentioned landlords might miss, helping you present your property professionally while maintaining fair housing compliance.

What to Do If You Receive a Fair Housing Complaint

Despite your best efforts at compliance, you may someday receive a fair housing complaint. The complaint might come from HUD, a state civil rights agency, a local fair housing organization, or directly from a former applicant or tenant through a lawsuit. Knowing how to respond is critical for protecting yourself and resolving the matter as favorably as possible.

If you receive notice of a formal complaint, take it seriously immediately. The notice will typically identify the complainant, describe the alleged violation, and provide a deadline for response. Do not ignore this deadline—failure to respond can result in default findings against you. Contact an attorney experienced in fair housing law right away. While you may be tempted to handle it yourself, the complexity of fair housing law makes professional representation advisable.

Responding to the Investigation

During the investigation, gather all documentation related to the complainant and the alleged incident. This includes the rental application, any correspondence, your screening criteria, documentation of how you applied those criteria, and records of how you treated other applicants. This is where consistent documentation practices pay off—if you've maintained good records, you'll be able to demonstrate that you treated the complainant the same as everyone else.

Prepare a written response that addresses each allegation specifically. Provide documentation supporting your position. Be factual and professional—emotional responses rarely help. If you made a mistake, your attorney can advise you on whether it's better to acknowledge it and negotiate a resolution or to contest the allegations.

Most fair housing complaints are resolved through conciliation—a negotiated settlement facilitated by the investigating agency. Settlements often involve monetary compensation to the complainant, agreement to undergo fair housing training, and commitment to implement certain policies or practices. Even if you believe you did nothing wrong, settlement may be preferable to the cost and uncertainty of litigation. Your attorney can help you evaluate the best path forward.

• Don't ignore complaints: Timely response is critical; ignoring complaints worsens outcomes
• Preserve all documents: Once you receive a complaint, preserve all related records immediately
• Don't contact complainant directly: Let your attorney handle communications
• Don't retaliate: Retaliation against complainants is itself a fair housing violation
• Review your practices: Use the complaint as an opportunity to strengthen your compliance
• Consider your insurance: Some landlord policies include fair housing claim coverage

The best approach to fair housing complaints is prevention. By implementing consistent, documented screening processes, training yourself on fair housing requirements, and using tools that support compliance, you dramatically reduce your risk of receiving complaints in the first place.

Step-by-Step: Implementing a Legally Compliant Screening Process

Now let's put everything together into an actionable implementation plan. Follow these steps to establish a fair housing-compliant tenant screening process that protects your interests while treating every applicant fairly.

1. Research applicable laws in your jurisdiction. Start by identifying every fair housing law that applies to your properties. This includes federal law, state law, and any local ordinances. Create a list of all protected classes and any specific screening restrictions (like criminal history limitations) that apply. If you have properties in multiple jurisdictions, create separate compliance profiles for each location.

2. Develop written screening criteria. Create a formal document stating your qualification requirements for income, credit, rental history, and any other factors you'll consider. Be specific and measurable. For criminal history, follow individualized assessment principles and document your evaluation framework. Have an attorney review your criteria to ensure they're legally defensible.

3. Create a standardized application. Design or adopt a