In California, there are specific rules and regulations regarding whether a landlord can request a Social Security number from a prospective tenant. Generally, landlords are prohibited from requesting or using a Social Security number for any purpose other than what is permitted by law. This includes using the number to run a credit check or for tenant screening purposes. However, there are some exceptions to this rule. For instance, a landlord may be allowed to request a Social Security number if it is required by a government agency or if it is necessary for the landlord to comply with a court order. Additionally, a landlord may be allowed to request a Social Security number if the tenant has agreed to provide it voluntarily and in writing. In such cases, the landlord must provide a written statement to the tenant explaining the purpose for which the Social Security number is being requested and how it will be used.
California Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act (FEHA) prohibits discrimination in housing based on various protected characteristics, including: race, color, religion, sex, national origin, ancestry, familial status, marital status, disability, medical condition, age, sexual orientation, and source of income.
FEHA also prohibits landlords from asking for a social security number (SSN) on a rental application. This is because asking for a SSN can be used to discriminate against certain protected characteristics.
For example, a landlord who asks for a SSN may use it to determine the applicant’s country of origin. This information could then be used to discriminate against the applicant based on their national origin.
In addition, a landlord who asks for a SSN may use it to determine the applicant’s age. This information could then be used to discriminate against the applicant based on their age.
FEHA’s prohibition on asking for a SSN helps to protect renters from discrimination. It also helps to ensure that everyone has equal access to housing.
Alternatives to Asking for a SSN
Landlords who need to verify an applicant’s identity and financial stability can use other methods that do not involve asking for a SSN. These methods include:
- Asking for a government-issued ID, such as a driver’s license or passport.
- Asking for a pay stub or bank statement.
- Asking for a letter of employment.
- Contacting the applicant’s previous landlord.
Penalties for Violating FEHA
Landlords who violate FEHA can be subject to a number of penalties, including:
- Fines
- Damages
- Injunctions
In addition, landlords who violate FEHA may be required to pay the victim’s attorney fees.
Conclusion
FEHA’s prohibition on asking for a SSN helps to protect renters from discrimination. It also helps to ensure that everyone has equal access to housing. Landlords who need to verify an applicant’s identity and financial stability can use other methods that do not involve asking for a SSN.
Requirement for Social Security Number
In the state of California, landlords are generally prohibited from asking for a prospective tenant’s Social Security number (SSN) on a rental application. Several state laws have been enacted to protect the privacy of individuals and prevent discrimination based on SSN.
Fair Housing Laws
- The California Fair Employment and Housing Act (FEHA) prohibits landlords from discriminating against tenants based on protected characteristics, including race, religion, national origin, sex, marital status, disability, or familial status. Asking for an SSN can be seen as a form of discrimination as it can be used to identify an individual’s protected characteristics.
- The California Civil Code Section 1798.24 specifically prohibits landlords from requesting an SSN from an applicant unless it is required by law or for a legitimate business purpose. Legitimate business purposes may include running a credit check or verifying a tenant’s identity, but landlords must have a clear and compelling reason for requesting an SSN.
Exceptions to the Rule
There are a few exceptions to the general prohibition on landlords asking for SSN.
- Government-Funded Housing Programs: Landlords who participate in government-funded housing programs, such as Section 8, may be required to collect SSN information from tenants in order to verify eligibility for the program.
- Credit Checks: Landlords may request an SSN from a prospective tenant for the purpose of running a credit check. However, they must obtain the tenant’s written consent before doing so.
- Identity Verification: In some cases, landlords may need to collect an SSN from a prospective tenant in order to verify their identity. This may be necessary if the tenant is using a pseudonym or if there is a question about their identity.
It’s important to note that even in these exceptions, landlords must have a legitimate business purpose for requesting an SSN and must obtain the tenant’s written consent before collecting the information.
Consequences of Violating the Law
Landlords who violate the law by asking for a prospective tenant’s SSN without a legitimate business purpose or without obtaining written consent may face legal consequences, including:
- Fines
- Civil lawsuits
- Loss of rental license
Tenants who believe that their landlord has violated their privacy rights by asking for their SSN can file a complaint with the California Department of Fair Employment and Housing (DFEH).
| Law | Summary |
|---|---|
| California Fair Employment and Housing Act (FEHA) | Prohibits discrimination based on protected characteristics, including SSN. |
| California Civil Code Section 1798.24 | Specifically prohibits landlords from requesting an SSN unless required by law or for a legitimate business purpose. |
Information That Can Be Requested
In California, landlords are prohibited from requesting a Social Security number from prospective tenants. This is because a Social Security number is considered to be sensitive personal information, and landlords are not allowed to collect it without a legitimate business purpose. However, landlords are allowed to request other types of information from prospective tenants, such as:
- Name
- Date of birth
- Current address
- Previous address
- Employment information
- Income information
- Rental history
- Credit history
- Criminal background information
Landlords are also allowed to request a copy of a prospective tenant’s driver’s license or other government-issued identification. However, landlords are not allowed to use this information to discriminate against prospective tenants based on their race, color, religion, sex, national origin, familial status, disability, or source of income.
Avoiding Discrimination
It is important for landlords to be aware of the laws that prohibit discrimination against prospective tenants. Landlords who discriminate against prospective tenants may be subject to legal action, including fines, penalties, and lawsuits. Landlords can avoid discrimination by:
- Using the same screening criteria for all prospective tenants.
- Not asking for information that is not relevant to the rental decision.
- Not making assumptions about a prospective tenant’s qualifications based on their race, color, religion, sex, national origin, familial status, disability, or source of income.
| Permissible | Impermissible |
|---|---|
| Name | Social Security number |
| Date of birth | Marital status |
| Current address | Number of children |
| Previous address | Religion |
| Employment information | Political affiliation |
| Income information | Disability status |
| Rental history | Source of income |
| Credit history | Criminal background information (except for certain housing providers) |
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