Ohio Rental Application

What type of information should landlords collect?

It’s essential to collect the right information when having candidates fill out an Ohio rental application, so be sure to gather:

• Name, date of birth, email, phone number, social security number, and an emergency contact from all applicants
• Employment status and income history
• Rental history, including references from past landlords
• Smoking status
• Vehicle information
• Pets

Because the information collected during the application process is highly sensitive, multiple federal and state landlord-tenant laws dictate how landlords can handle the information and how to use it to approve or deny an application. More on that to come.

As mentioned earlier, TurboTenant offers free rental applications for landlords, and those templates already include questions like the ones listed above.

Pre-Screener

Sometimes it makes sense to conduct a quick pre-screening before moving forward with the application process. While not a substitute for a complete rental application, a pre-screener can give landlords a solid overview and help determine whether a tenant might be a good fit.

A typical pre-screener includes:

• Contact information
• Employment status
• Income verification
• Self-reported credit score
• Desired move-in date
• Number of occupants
• Pets
• Smoking status

Federal Application Laws

To help keep the housing process fair, the federal government has several laws outlining how landlords must conduct the application process and what factors they can and can’t consider when evaluating an applicant.

Fair Housing Act (FHA): The Federal Fair Housing Act prohibits landlords from making housing decisions based on race, color, religion, sex, national origin, disability, or familial status. Property owners cannot deny an application based on any of these characteristics, and they also may not ask related questions in an Ohio rental application. This law applies to landlords, property managers, and their employees (Fair Housing Act).

Equal Credit Opportunity Act (ECOA): The ECOA outlines how landlords can use credit reports when evaluating applicants and prohibits discrimination based solely on an applicant’s receipt of public housing assistance (Equal Credit Opportunity Act).

Americans with Disabilities Act (ADA): The Americans with Disabilities Act (ADA) prohibits landlords from discriminating against applicants based on disability status and requires them to make reasonable accommodations for tenants with disabilities within their rental units (Americans with Disabilities Act).

Fair Credit Reporting Act (FCRA): The Fair Credit Reporting Act (FCRA) outlines how landlords may use credit reports during the rental application process. It requires landlords to obtain an applicant’s consent before running a background check and mandates that landlords notify applicants if they deny an application due to information within the credit report (Fair Credit Reporting Act).

Civil Rights Act of 1866: The Civil Rights Act prohibits housing discrimination based on race in all aspects of the rental process (Civil Rights Act of 1866).

Ohio Application Laws

In addition to federal law, each state enacts its own landlord-tenant laws to address the specific needs of its residents and property owners. All Ohio rental applications must comply with Ohio Fair Housing laws, which expand slightly on the federal Fair Housing Act by including military status and ancestry as protected classes.

Additional considerations for Ohio landlords include:

Source of income: Ohio has no state-level laws prohibiting landlords from denying an application based on the applicant’s source of income. However, several local governments (including Akron, Cleveland Heights, Linndale, Wickliffe, and others) have passed ordinances that do restrict this practice. Check local regulations to understand how source of income laws apply to your properties.

Criminal history: Landlords in Ohio may consider an applicant’s criminal history during the rental application process, but federal law prohibits blanket denials based solely on a criminal record. Each applicant must be evaluated individually, with consideration given to the nature and timing of any offenses.

Eviction history: Ohio does not have state laws regulating the use of eviction history in housing decisions. However, when considering this information, landlords must still comply with applicable federal and local Fair Housing laws.

Sexual orientation & gender identity: There are no state-level protections for sexual orientation or gender identity in Ohio, but several local communities have enacted their own. Cities that prohibit discrimination based on sexual orientation and gender identity include Columbus, Cincinnati, Toledo, Dayton, and Akron.

Portable screening report: Some states allow tenants to provide their own screening report. Ohio does not require landlords to accept these reports, so acceptance is up to the individual in charge of tenant screening.

Pets, ESAs, and Service Animals

If you allow tenants to have pets in the rental unit, consider including a section on the application to gather details about what they plan to bring. However, all landlords must allow emotional support animals (ESAs) and service animals, regardless of their pet policy.

Pet information: Include questions about the type, size, and breed of the animal, and whether it qualifies as an ESA or service animal.

Fair Housing Act: The FHA prohibits discrimination against applicants with ESAs or service animals. Landlords may not deny an application because of one, nor may they charge pet rent, fees, or deposits for these animals when collecting rent.

Denial Process

When denying an application, landlords should evaluate only the information the law allows. They must treat all applicants consistently and apply the same criteria to everyone.

Landlords may deny applicants for reasons such as insufficient income, poor credit history, adverse rental history, criminal background, or providing incomplete or false information.

Denial notice: Ohio does not require denial notices outside of those required by the FCRA.

Credit/Background denials: If a landlord denies an Ohio rental application due to a poor credit report, the FCRA requires landlords to issue an adverse action notice to the applicant explaining the denial. The notice must include:

• Name of the firm that conducted the background or credit check
• Explanation of the applicant’s right to dispute inaccuracies
• Contact information for the firm

Document storage: No specific laws require landlords to store application documents, but it’s considered best practice to retain them for at least a couple of years in case any disputes arise down the road.