Nebraska state has various laws regarding the use of rental applications. If your document is not compliant with NE law, you may get sued by the applicant and face legal consequences.
Landlords can charge any fee they choose for a rental application, as these are not limited by Nebraska statutes. The fee that is paid is also non-refundable to the tenant.
Landlords cannot charge more than 1 months’ rent if they are leasing an apartment under Nebraska law (§ 76-1416). If the tenant will keep pets on the property, an additional 25% of the monthly rent can be charged.
Housing Discrimination Law
In Nebraska, there is no specific state law relating to housing discrimination. However, the Fair Housing Act (FHA) is in place (§ 20-139). The FHA states that it is illegal to discriminate based on the following characteristics:
As a consequence, you are not allowed to ask for any of these details on an NE Rental Application form, nor to include them in the decision-making process.
Notice of Eligibility
Potential tenants must be informed about the screening criteria and reasons for possible denial or approval in advance. To prove that this information has been shared, a signature of acknowledgment must be provided within the application or alongside it.
Consent Credit Check
The Federal Credit Reporting Act (FCRA) (§§ 8-2601 to 8-2615) stipulates that potential tenants must agree to any credit checks you require. To show they consent, they must provide written acknowledgment on the application form.