Individualized assessment. A landlord that applies screening criteria that are more prohibitive than the inclusive
screening criteria set forth in subdivision (c) must conduct an individualized assessment
for any basis upon which the landlord intends to deny an application. In evaluating
an applicant using individualized assessment, a landlord must accept and consider
all supplemental evidence provided with a completed application to explain, justify,
or negate the relevance of potentially negative information revealed by screening.
Supplemental evidence refers to any written information submitted by the applicant
in addition to that provided on the landlord's form application that the applicant
believes to be relevant to the applicant's predicted performance as a tenant. When
evaluating the effect of supplemental evidence on a landlord's decision of acceptance
or denial of an applicant, the landlord must also consider:
(1)
The nature and severity of the incidents that would lead to a denial;
(2)
The number and type of the incidents;
(3)
The time that has elapsed since the date the incidents occurred; and
(4)
The age of the individual at the time the incidents occurred.
(e)
Prohibition on immigration status inquiry.
(1)
No owner, operator, landlord, or their agent may:
a.
Make any inquiry regarding or based on the immigration or citizenship status of an
applicant, tenant, occupant, or prospective occupant of a rental dwelling.
b.
Require that any tenant, prospective tenant, occupant, or prospective occupant of
the rental dwelling disclose or make any statement, representation, or certification
concerning his or her immigration or citizenship status.
c.