Community Associations have the right to require a tenant application and approval process, but recent changes in federal and Florida law could deem this a flawed process. The Fair Housing Act states that it is unlawful to refuse to sell or rent after making an offer or refuse negotiations to those of a protected class. These housing decisions that have a disparate impact on a protected class – even in what appears to be a neutral or unbiased rule – could be deemed illegal discrimination, without evidence that a decision based on criminal history will protect property and resident safety.
