Can you require a Social Security number from every rental applicant?
You may ask for a Social Security number to run credit and background checks, but a blanket rule that rejects anyone without one can screen out applicants by national origin, so fair housing guidance says to accept an Individual Taxpayer Identification Number or another way to verify identity and income. Apply one written process to every applicant and decide on the same standards for all of them.
Why an SSN-only rule is risky
The Fair Housing Act, 42 U.S.C. 3604, makes it unlawful to refuse to rent, or to discriminate in the terms and conditions of a rental, because of national origin among other protected traits. A rule that looks neutral can still be a problem when it falls much harder on one group.
Equal Housing's guide for landlords says landlords may request Social Security numbers for credit and background checks, but that a blanket SSN requirement disproportionately excludes prospective tenants based on national origin, and that landlords must also accept an Individual Taxpayer Number or another alternative verification method in lieu of a Social Security number. It notes that some conditional residents and nonimmigrants have ITINs rather than SSNs. Some states and cities add their own rules, so check yours.
Ask everyone the same way
The same guide says a landlord may ask for identity documents and make inquiries as long as the same process is applied to all potential renters. Singling out people to prove their immigration status can be unlawful when it is based on national origin. It also lists higher deposits or a required cosigner for someone who is not a citizen as unlawful different terms.
- Write down the documents you accept for identity. Accept the same list from everyone.
- Ask every applicant for an SSN or an ITIN, not just some.
- Do not ask about citizenship, visa type or country of birth.
- Do not change deposit, rent or cosigner terms based on where someone is from.
What to use when there is no SSN
Your goal is still to confirm identity, income and rental history. Without a credit file, use other proof.
| Need | Alternatives to consider |
|---|---|
| Identity | Passport, state ID, consular ID or other government photo ID on your written list |
| Income | Pay stubs, an offer letter, bank statements, tax returns filed with an ITIN |
| Rental history | Contact former landlords with the same questions you ask everyone |
| Credit | An ITIN-based report if your screening provider offers one, or the other proof above |
| Extra security | A cosigner or larger deposit only if you require the same of every applicant in the same position, and only within your state's deposit limit |
If your screening company cannot run a report without an SSN, ask what it offers. If extra steps cost you money, check your state's rules before passing any cost to the applicant, and do not add a step only for some applicants.
A rule you can put in writing
- State that you accept an SSN or an ITIN, or other documents that show identity and income.
- List the income standard, for example a rent-to-income ratio, and apply it to everyone.
- Write down why you approved or denied each applicant, using only the stated standards.
- If you deny based on a report, send the adverse action notice (what it must say).
- Store SSNs and ITINs safely, or do not store them at all (storing SSNs safely).
Example a made-up landlord requires gross income of three times the 1,200 rent, which is 3,600 a month. Applicant A shows pay stubs and an SSN. Applicant B shows pay stubs of the same amount, a passport and an ITIN. The landlord checks both against the same 3,600 standard and the same rental history questions, and approves both.
This is general information, not legal advice. Laws differ by state and city, so check your state's statute or ask a local attorney before you act.
How DoorKeeping handles it
DoorKeeping's rental application takes the applicant's ID, income proof, employer and rental history with no account and no SSN. The AI reads each document into fields and checks them against each other, and it states facts only, never a score or a recommendation about who to approve. The owner decides, using the same written rule for everyone. Screening through Checkr collects its own identifiers, and a state's rules on who pays are applied.
Sources
Questions
- Can a landlord refuse an applicant with no SSN?
- A blanket rule can be a fair housing problem. Fair housing guidance says to also accept an ITIN or another way to verify identity and income, and to apply the same process to everyone.
- Can I ask an applicant about immigration status?
- Singling out applicants to prove status can be unlawful if it is based on national origin. Ask for the same identity proof from all applicants and consult a local attorney.
- Can I ask for a bigger deposit if there is no credit history?
- Only if you set the same rule for every applicant in the same situation and stay within your state's deposit cap. Different terms based on national origin are unlawful.