I was scrolling through a landlord group the other day when I came across a post that made my jaw hit the floor.

A landlord wanted to know if he was allowed to ask a pregnant prospective tenant—who had two small kids, a partner, and was the household’s breadwinner—what her plans were for paying rent after the baby was born.

Sir. Sir!

A man would never be asked this question. Ever.

The sheer audacity of it had me ready to drop a comment offering to represent her in a housing discrimination case! Because, let’s be real, that question isn’t just wildly inappropriate—it’s illegal.

What Landlords Can and Can’t Ask About Family Status

If you’re a landlord in Washington State (or anywhere in the U.S.), there are some questions you just can’t ask tenants unless you want to find yourself in a Fair Housing Act violation.

First things first: The Fair Housing Act (FHA) protects tenants from discrimination based on familial status. That means landlords cannot deny someone housing or treat them differently just because they’re pregnant, have kids, or might have kids in the future.

Here are some absolutely NOT OK questions:

❌ “Are you pregnant?”
❌ “How many kids do you have?”
❌ “Do you plan on having more children?”
❌ “How will you pay rent while you’re on maternity leave?”
❌ “Will the kids be loud?”

These are all thinly veiled ways of screening tenants based on their family situation, and if someone takes you to court over it, guess what? They’ll probably win.

But What CAN You Ask?

✅ “What is your income?”
✅ “Can you provide proof of employment?”
✅ “Do you have a rental history?”
✅ “Do you have references from past landlords?”

These questions are fair game because they focus on whether the tenant can actually afford the unit—not whether they might be up all night with a newborn.

Which Landlords Are Exempt from the Fair Housing Act?

Now, are there any landlords who can get away with asking these kinds of questions? Technically, yes—but it’s a very narrow group.

The FHA does not apply to:

1. Owner-occupied buildings with four or fewer units (a.k.a. “Mrs. Smith renting out her basement apartment”).

2. Single-family homes rented without a broker—but only if the landlord owns three or fewer properties.

3. Religious organizations and private clubs renting to members only.

However, Washington State has even stricter laws, meaning small landlords may not get a free pass. Even if you technically qualify for an exemption, prying into someone’s pregnancy or family situation could still land you in legal hot water.

The Bottom Line? Just Don’t Be That Guy.

Look, it’s simple: If a question wouldn’t be asked of a man, don’t ask it of a woman. If a question wouldn’t be asked of a single person, don’t ask it of a parent.

No one owes you details about their family plans. What they do owe you is rent, on time, every month. So keep your questions focused on that, and you’ll stay out of trouble.

And if you ever find yourself wondering, “Can I ask a tenant this?”—maybe take a beat and rethink it before you end up in a social media horror story of your own.