Under federal law, age is not a protected class in rental housing, so asking it is not banned outright. But New York, British Columbia and Ontario protect age, and in the US an age question often stands in for familial status, which is protected. The safe rule: confirm each applicant is an adult who can sign the lease, and stop there. This is information, not legal advice.
Is age a protected class under the Fair Housing Act?
No. The Fair Housing Act protects race, color, religion, sex, disability, familial status and national origin in rentals. Age is not on that list. That does not make an age question safe, for two reasons.
First, familial status is on the list, and it covers households with anyone under 18, anyone pregnant and anyone securing custody. A question about the ages of the people who will live in the unit is, in practice, a question about whether children will live there. Second, some states and provinces do protect age, so one application form used across a portfolio carries the strictest rule.
The exposure is real. Fair housing groups and agencies received 32,321 housing discrimination complaints in 2024, one of the highest totals in more than two decades, according to the National Fair Housing Alliance's 2025 report as summarized by the Fair Housing Center for Rights and Research.
Which places protect age in rental housing?
The rules differ sharply, even between neighbors.
New York's State Human Rights Law adds age to the federal classes in housing. According to New York State Homes and Community Renewal, almost all housing with three or more units is covered. Owner-occupied two-family homes are exempt, and qualifying senior housing is exempt for age and familial status only.
Next door, the New Jersey Department of Community Affairs says the state's Law Against Discrimination does not prohibit age discrimination in housing, while families with children are protected.
In British Columbia, section 10 of the Human Rights Code bars denying a tenancy because of age, which the Code defines as 19 or more. Buildings where every unit is reserved for people 55 and over are exempt.
In Ontario, the Ontario Human Rights Commission lists age as a protected ground in rental housing, including 16 and 17 year olds who no longer live with their parents. Check your own state, province and city before you use an age field.
Can a landlord rent only to people over 55?
Only in housing that qualifies as housing for older persons. Under 42 U.S.C. 3607(b), that means housing solely occupied by people 62 and over, or housing operated for people 55 and over where at least 80 percent of occupied units have one occupant 55 or older, with published policies and age verification. BC's Code has its own 55+ exemption. A regular building that would simply prefer older tenants does not qualify.
What can a landlord ask instead?
Ask what the decision needs, the same way for everyone:
- That each applicant is old enough to sign a binding lease where the unit is.
- Government photo ID, to confirm identity.
- A date of birth only where a screening company needs it to match the report, kept out of the decision.
- How many people will live in the unit, for a reasonable occupancy limit.
- Income, rental history and credit, judged by written criteria.
Our fair-housing screening checklist covers how to write those criteria.
Where does this go wrong in practice?
In small talk. A 72-year-old caller asks about a third-floor walk-up and hears "are you sure you can manage the stairs?" A 20-year-old hears "we usually rent to people a bit more established." Neither line is in a policy, and neither was said to the 40-year-old who called the same day. A safer reply to any caller who raises age: "The unit is on the third floor with no elevator. Would you like to book a showing?" Same facts, for everyone.
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Age and rental applications: FAQ
Can a landlord refuse to rent to a student because of age?
Where age is protected, such as New York, BC and Ontario, no. Elsewhere, judge a student on the same income, guarantor and rental-history criteria as everyone else, and write those criteria down first.
Can a landlord refuse a minor?
A landlord may require that the person signing can enter a binding lease. Ontario is the exception to watch: its Human Rights Commission protects 16 and 17 year olds who no longer live with their parents.
Can a listing say "seniors welcome"?
Welcoming a group is safer than excluding one, but in the US an ad that signals adults only can read as a familial status preference. Our guide to fair housing words to avoid covers the wording.
Is asking for a date of birth on an application legal?
Often it is needed to match a screening report. Collect it for that purpose only, keep it away from the decision, and never use it to sort applicants by age.
