Can You Refuse to Rent to an Applicant Who Does Not Speak English?

You should not refuse an applicant because they speak limited English or have an accent. Language is closely tied to national origin, which the federal Fair Housing Act protects, and a federal court has allowed a fair housing case against an English-only rental policy to proceed. California goes further and lists primary language as a protected characteristic. Close the language gap with an interpreter or a translation instead of a denial.

Is limited English a protected class?

Not by itself under federal law. The Fair Housing Act bans refusing to rent, offering different terms, or publishing a preference because of national origin, race, and five other characteristics. It does not list language. The risk comes from how closely a language rule tracks national origin, and that is how the Justice Department and federal courts have analyzed these policies.

The leading recent example is CNY Fair Housing v. Swiss Village, a federal case in northern New York. The complex allegedly rented only to people who could speak and read English, or who would live with someone who could, and turned down applicants' offers to bring their own interpreters. In 2022 the court refused to dismiss the case. According to the Justice Department's summary, it held that:

• Limited English proficiency alone is not a protected class, but a language rule can be evidence of national origin or race discrimination, the same way other suspect criteria can.
• Census figures showing that the rule fell mostly on certain national origins were enough to support a claim of discriminatory effect, meaning a neutral-sounding policy that falls much harder on a protected group.
• Intent can be inferred when a language rule works as a stand-in for national origin.
• The fair housing group did not have to prove the landlord knew any applicant's national origin.

An accent can be associated with national origin, and it has no bearing on whether a fluent speaker pays rent or follows a lease. Rejecting an applicant because of how they sound leaves you without a business reason to point to.

What changed when HUD withdrew its 2016 guidance?

HUD issued guidance in September 2016 explaining how the Fair Housing Act applies to people with limited English proficiency. Courts, including the Swiss Village court, cited it. In a notice published July 17, 2026, HUD's Office of General Counsel listed that guidance among 13 documents it withdrew, effective September 25, 2025, and said they should no longer be relied on.

The withdrawal did not change the statute or HUD's regulations. National origin is still protected, and applicants and fair housing groups can still sue in federal or state court whether or not HUD takes a complaint.

HUD also proposed on January 14, 2026 to delete its regulation on discriminatory effect claims, saying courts rather than HUD should decide how those claims work. The proposal cites the Supreme Court's 2015 Inclusive Communities decision, which held that such claims can be brought under the Fair Housing Act, so removing HUD's rule would leave them to the courts rather than end them.

A language rule that would have drawn a HUD complaint in 2024 can still draw a lawsuit or a state agency complaint in 2026.

What do state laws add?

State law is often more direct. California's Civil Rights Department lists primary language, citizenship, immigration status, ancestry, and national origin as protected in housing. A California landlord who rejects an applicant for speaking Spanish, Tagalog, or any other language faces a state claim without needing to tie it to national origin.

California also has a translation rule. Under Cal. Civ. Code section 1632, if you negotiate a lease longer than one month mainly in Spanish, Chinese, Tagalog, Vietnamese, or Korean, you must give the tenant a written translation before signing. You can skip that translation only if the tenant negotiates through their own adult interpreter who speaks English and the negotiation language fluently and reads both with full understanding. The interpreter must not be your employee or be made available by or through you. A tenant who did not get a required translation can rescind (cancel) the lease. The steps are covered in negotiating lease terms with non-English-speaking tenants.

Other states and cities protect national origin and often citizenship or immigration status. The broader list is in what counts as unlawful discrimination in a rental application.

Which language practices are lawful?

These practices let you screen and communicate without using language as a filter:

HUD's advertising rule covers written ads, application forms, signs, and oral statements on the phone or at a showing. A statement that signals a national origin preference violates it even if you never reject anyone.

You can expect every tenant to follow the lease. If an applicant asks how they will understand maintenance notices or rules, offer to send notices in writing so they can be translated. Do not treat the question as a reason to deny.

How do you handle an applicant who speaks limited English?

1. Use your normal application. Give the applicant the same rental application form and the same written criteria you give everyone.
2. Ask how they want to communicate. Note whether they will bring an interpreter or prefer text or email that they can translate.
3. Judge the file on your criteria. Income, credit, rental history, and references decide the outcome, the same as for any other applicant on the qualities that make a good tenant.
4. In California, check section 1632 before you start negotiating in one of the five covered languages.
5. Record your reason if you deny the application, stated in terms of your written criteria, such as income below your minimum.