Federal fair housing law does not list marital status, so the question is not banned everywhere. But California makes any inquiry about marital status unlawful, and New York, New Jersey, British Columbia and Ontario protect it. The safe rule: ask who will live in the unit and who will sign the lease, never whether they are married. This is information, not legal advice.
Is marital status protected under the Fair Housing Act?
No. The Fair Housing Act protects race, color, religion, sex, familial status, national origin and disability. Marital status is not on the list.
The question still carries federal risk. "Are you married?" asked of a single woman and not of a single man is a sex question in practice. Sex was the basis of 7.13 percent of the 32,321 housing discrimination complaints filed in 2024, according to the National Fair Housing Alliance's 2025 report as summarized by the Fair Housing Center for Rights and Research.
Which places ban the marital status question?
California goes furthest. Government Code 12955 makes it unlawful to discriminate because of marital status, and separately makes it unlawful for an owner to make any written or oral inquiry concerning the marital status of anyone seeking to rent. In California, the question itself is the violation.
Other places protect marital status without spelling out an inquiry ban:
- New York's State Human Rights Law adds marital status to the federal classes, covering almost all housing with three or more units, according to New York State Homes and Community Renewal.
- New Jersey's Law Against Discrimination covers marital, domestic partnership and civil union status. The state housing agency gives refusing a single woman while renting to a single man as an example of discrimination.
- British Columbia's Human Rights Code, section 10, bars denying a tenancy because of marital status.
- Ontario's Human Rights Commission lists marital status, including those with a same-sex partner, as a protected ground, and says Regulation 290/98 permits no inquiries beyond rental history, credit, income and a guarantor.
Many cities and counties add their own rules, so check yours before an application form asks.
Can a landlord treat married and unmarried couples differently on income?
Not in California. Section 12955(n) makes it unlawful to use an income standard that fails to count the combined income of people who will live together on the same basis as a married couple's combined income. Two roommates, a couple who are not married and a married couple applying for the same unit all get their incomes added the same way.
The same logic is the safe default anywhere: one income rule for every household, written down before the first application arrives.
What should a landlord ask instead?
Ask what the decision needs, the same way for everyone:
- The name of every adult who will live in the unit.
- Who will sign the lease and be responsible for rent.
- Income for each signer, combined by one written rule.
- Rental history and credit, with consent, for each signer.
- How many people will live in the unit, for a reasonable occupancy limit.
Our fair-housing screening checklist covers how to write those criteria, and our post on what landlords can ask tenants in Ontario covers that province's closed list.
Where does this go wrong in practice?
In the relationship question. Two applicants arrive at a showing and someone asks "so are you two married?" to make conversation. Or a form has a box for "Mr., Mrs. or Ms." and a field for "spouse." Neither changes the decision, and both create a record. Replace the spouse field with "co-applicant" and the small talk with the same question for everyone: "Who will be on the lease?"
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Marital status and rental applications: FAQ
Can a landlord refuse to rent to an unmarried couple?
Not where marital status is protected, including California, New York, New Jersey, BC and Ontario. Elsewhere, refusing unmarried couples while accepting married ones invites a sex or religion claim. Apply the same criteria to every household.
Can a landlord ask for a marriage certificate?
There is rarely a lawful reason to. Identity, income and rental history answer every screening question a marriage certificate could. In California, asking for one is an inquiry about marital status.
Can a landlord require both partners to sign the lease?
Yes, if the rule is that every adult occupant signs, applied to every household. A rule that only spouses, or only one partner, must sign treats households differently by marital status.
Is "spouse" on an application form illegal?
In California it is an inquiry about marital status. Elsewhere it is a needless risk. "Co-applicant" or "other adult occupant" collects the same information without the question.
