Landlords can request a Social Security card as part of the rental application process. The Social Security card is used to verify the applicant’s identity and credit history. Some landlords may use the Social Security card to obtain a credit report, which can help them assess the applicant’s ability to pay rent on time. Other landlords may use the Social Security card to verify the applicant’s income, employment history, or criminal background. In some cases, landlords may be required by law to collect Social Security numbers from their tenants.
Social Security Numbers as Proof of Identity
A landlord may request a Social Security number (SSN) as proof of identity during the rental application process. However, there are strict rules about how landlords can use and store SSNs. Landlords must take steps to protect the privacy of tenants and ensure that their SSNs are not misused.
In some cases, a landlord may be required by law to collect an SSN. For example, landlords who participate in government-subsidized housing programs may be required to collect SSNs from tenants in order to verify their eligibility for the program.
What Information Can a Landlord Ask For?
- Name
- Address
- Phone number
- Email address
- Employment information
- Income information
- Rental history
- Credit history
- Criminal background check
What Information Can’t a Landlord Ask For?
- Social Security number (SSN)
- Driver’s license number
- Passport number
- Bank account number
- Credit card number
- Medical information
- Religious beliefs
- Political affiliation
- Sexual orientation
How to Protect Your Privacy
- Only provide your SSN to a landlord if you are required to do so by law.
- Make sure that the landlord has a written policy for protecting the privacy of tenants’ SSNs.
- Keep a copy of your rental application and any other documents that contain your SSN.
- Report any suspected misuse of your SSN to the appropriate authorities.
| State | SSN Required? |
|---|---|
| California | No |
| Florida | No |
| Illinois | No |
| New York | No |
| Texas | No |
Alternative Forms of Identification
Landlords cannot request Social Security cards as a condition for renting. However, they can ask for other forms of identification to verify a prospective tenant’s identity, such as:
- Driver’s license
- State-issued ID card
- Passport
- Military ID card
- Student ID card
- Employer ID card
- Utility bill
- Bank statement
- Pay stub
Landlords are also allowed to ask for a Social Security number for credit and background checks. However, they must have a legitimate business need to do so, and they must keep the information confidential.
Acceptable Forms of Identification for Credit and Background Checks
| Form of Identification | Acceptable? |
|---|---|
| Social Security number | Yes, but only if the landlord has a legitimate business need and keeps the information confidential. |
| Driver’s license | Yes |
| State-issued ID card | Yes |
| Passport | Yes |
| Military ID card | Yes |
| Student ID card | Yes |
| Employer ID card | Yes |
Federal and State Fair Housing Laws
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing. It applies to all housing, including rental housing, public housing, and housing for sale. The FHA makes it illegal for landlords to:
- Refuse to rent or sell housing to someone because of their race, color, religion, national origin, sex, familial status, or disability.
- Discriminate against someone in the terms, conditions, or privileges of housing because of their race, color, religion, national origin, sex, familial status, or disability.
- Retaliate against someone for exercising their rights under the FHA.
Many states have their own fair housing laws that provide additional protections against discrimination. These laws may vary from state to state, but they all generally prohibit discrimination in housing based on the same characteristics as the FHA.
Social Security Numbers and the Fair Housing Act
The FHA does not specifically prohibit landlords from asking for Social Security numbers. However, some state and local fair housing laws do prohibit this practice. For example, California law prohibits landlords from asking for Social Security numbers on rental applications.
Landlords should be aware that asking for Social Security numbers can have a disparate impact on certain groups of people, such as immigrants and people of color. This is because these groups are more likely to be denied housing if they do not have a Social Security number.
Best Practices for Landlords
To avoid fair housing violations, landlords should not ask for Social Security numbers on rental applications. Instead, they should use other methods to verify a tenant’s identity and income, such as a driver’s license or pay stubs.
Landlords should also be aware of the fair housing laws in their state and locality. These laws may provide additional protections against discrimination that are not covered by the FHA.
State Fair Housing Laws
| State | Law | Prohibits Landlords from Asking for Social Security Numbers |
|---|---|---|
| California | California Fair Employment and Housing Act | Yes |
| New York | New York State Human Rights Law | Yes |
| Illinois | Illinois Human Rights Act | Yes |
| Texas | Texas Fair Housing Act | No |
| Florida | Florida Fair Housing Act | No |
Discrimination Based on Social Security Number
Landlords are not permitted to discriminate against prospective tenants based on their social security numbers. This is a violation of the Federal Fair Housing Act, which prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability.
To ensure compliance with the Fair Housing Act, landlords should avoid asking for social security numbers on rental applications. Instead, they can use alternative methods to verify the identity of prospective tenants, such as government-issued identification cards or employment records.
Avoiding Discrimination Based on Social Security Number
- Do not ask for a social security number on the rental application.
- Use alternative methods to verify the identity of prospective tenants, such as government-issued identification cards or employment records.
- Do not use social security numbers to make decisions about tenancy, such as whether to rent to a prospective tenant or how much rent to charge.
- Keep all personal information about tenants confidential.
- Train your employees about the Fair Housing Act and the prohibition against discrimination based on social security number.
Consequences of Discriminating Based on Social Security Number Action Consequence Refusing to rent to a prospective tenant based on their social security number A lawsuit for housing discrimination. Charging a higher rent to a tenant based on their social security number A lawsuit for housing discrimination. Disclosing a tenant’s social security number to a third party without their consent. A lawsuit for invasion of privacy. Using a tenant’s social security number for any purpose other than verifying their identity. A lawsuit for identity theft. Well, friends, there you have it. Now you know all about whether your landlord can request your Social Security card or not. Buckle up and save this article for future reference – you never know when it might come in handy. I’d love to catch up again soon, so make sure you swing by later for more informative and engaging articles. Until then, stay safe and keep learning!