While searching for a qualified tenant to fill your listing, you’re reviewing a rental application, and everything looks great. Their income checks out, they provide positive references, and the document is free of red flags. But, as you take a closer look, there’s one missing piece. The renter didn’t provide a Social Security number (SSN).
Suddenly, a head-scratcher pops up. Can a landlord ask for a Social Security number in the first place?
As a landlord, you need to know when you can and can’t request an applicant’s Social Security number. Some states have laws prohibiting landlords from requiring renters to provide an SSN. And even when state law allows you to reject renters for not providing one, you have to keep your denial process consistent and fair to avoid catching a discrimination claim.
Use this guide to understand the legal guidelines surrounding SSNs and rental applications to inform your tenant screening process and avoid legal pitfalls.
Why do landlords need a Social Security number?
A renter’s Social Security number is one of the most critical pieces of information landlords gather using rental applications. They use it to conduct tenant screening, which includes:
- Pulling their credit history
- Verifying their identity
- Conducting a background check
These reports help landlords determine if a tenant meets their requirements and spot signs of rental application fraud.
However, you can still screen renters without their Social Security number. Many tenant screening services work directly with applicants, so landlords don’t need to ask for their SSN on the application. In these cases, renters enter the sensitive information themselves, without landlords acting as a middleman.
Can landlords require a Social Security number?
Whether or not you can require renters to give you their SSN depends on:
- State and local laws
- How you apply the rule across all applicants
While there aren’t any federal laws explicitly prohibiting landlords from requiring an applicant’s SSN, state guidelines vary. Even in areas that allow landlords to require SSNs, you need to make sure your denial process doesn’t unfairly discriminate against certain groups. Otherwise, you could end up violating the Fair Housing Act.
If your local and state laws don’t prohibit landlords from requiring a renter’s Social Security number, you can collect it. However, you have to apply the requirement across all applicants, not just particular renters. In these situations, you can technically deny renters who don’t provide their SSN.
Portable tenant screening reports: Some applicants may try to provide alternative methods of tenant screening to avoid disclosing their SSN, such as submitting a portable tenant screening report. However, landlords in many states aren’t required to accept them. In these cases, you can still deny the applicant.
Just remember to always comply with your state’s legal parameters and apply the same screening and denial processes across every applicant.
Since answering “can a landlord ask for a social security number?” feels like you’re walking a thin line, we recommend speaking with a trusted legal professional for specific guidance.
Cases When Landlords Can’t Require a Social Security Number
As mentioned, whether or not you can ask for a renter’s SSN depends on local and federal fair housing laws. Here’s what you need to know:
1. State and Local Laws Prohibit It
The first reason why a landlord couldn’t require a Social Security number is if their local or state law forbids it. For example:
- Portland: State law prohibits landlords from considering an application as incomplete if they don’t submit their SSN (Portland, Or., Code § 30-01-086).
- Minnesota: Landlords have to accept either an SSN or an Individual Taxpayer Identification Number (ITIN). State law also prohibits property managers from rejecting an applicant because they applied using their ITIN (Minn. Stat. § 504B.117).
As a best practice, always consult a lawyer and ask, “Can a landlord ask for a Social Security number?” before requiring renters to provide one.
2. Landlords Use Discriminatory Screening and Denial Practices
Landlords can run into discrimination issues by requiring tenants to provide their Social Security numbers. Many renters don’t have a Social Security number to begin with, so if you require renters to submit their SSN and deny those who don’t, you could end up disproportionately rejecting certain groups.
So even where state law allows you to deny applicants who don’t provide an SSN, your screening process can’t exclude applicants based on national origin or immigration-related assumptions.
A Word on National Origin and Individual Taxpayer Identification Numbers
Many renters without SSNs will have an Individual Taxpayer Identification Number (ITIN). In most cases, a renter’s ITIN is enough to conduct thorough screening reports. If you deny these applicants for not having an SSN when you could have used their ITIN, they could file a discrimination claim.
If you’re unsure, check with a lawyer before deciding on the application.
Do renters have to give their Social Security numbers?
In conclusion, there’s no explicit legal requirement for renters to submit their SSN to a landlord. However, depending on state/local laws and denial practices, landlords may have the right to deny applicants who don’t submit one.
Remember, you can still conduct thorough tenant screening without collecting an applicant’s SSN. If you find yourself in this situation while reviewing applications, consider reaching out to the renter to determine the best course of action.
Staying open and professional can help you access a larger pool of applicants to increase your chances of finding a great long-term tenant.
When Not to Ask for SSNs
Now that we’ve covered the situations when you can and can’t request a renter’s SSN, here are a few quick tips for timing it right and complying with local laws.
- Avoid mentioning an SSN in casual inquiries, like an open house or prospecting call. Otherwise, you could spook the renter into feeling like it’s an attempt at identity theft.
- Don’t ask for it in a pre-screener email. If you do, it could come across as an online scam since a renter’s SSN is extremely sensitive.
- Make sure your local laws don’t prohibit you from collecting it. For instance, Portland law prohibits landlords from requiring SSNs (Portland, Or., Code § 30-01-086).
If you have specific questions, we recommend speaking with a local legal advisor to avoid any SSN-related mishaps.
Stay Legally Compliant with Digital Tenant Screening Tools
Consider using a trusted digital tenant screening service to help you keep your rental application process compliant. We recommend platforms like TurboTenant that let renters enter their personal information directly, so you don’t have to collect it yourself.
All landlords need to do is submit the applicant’s email. Then, TurboTenant automatically reaches out to the renter to gather their information and verify their identity. Next, the service sends the screening report to landlords. Tools like this make the process quick, easy, and secure — so you don’t have to worry about SSNs and manual screening.
Can Landlords Ask for SSN FAQs
Can a landlord ask for a Social Security number?
If state and local laws don’t prohibit it, landlords can request one. However, they must apply a consistent screening process to all applicants.
Do landlords need your Social Insurance Number (SIN)?
Landlords use it to conduct tenant screening, but they may be able to use your ITIN instead.
Can you rent without an SSN?
Yes, but renters without one should contact the landlord to discuss the application process.
Is it normal to give your SSN on a rental application?
Most rental applications request one unless state law prohibits it.
