No SSN

[Stephen1]

I just received an application for tenancy in one of my rentals. The applicants do not have Social Security numbers (and possibly no TIN although with the language issues I'm not positive about the TIN).
1. Am I allowed to turn them down for that reason alone or is that some form of discrimination and I'm required to process the application as I would otherwise.
2. If I'm required to process the application, what other information should I obtain in lieu of a SSN?

These are not international students here on a Visa. It is a couple who are working. They present themselves as employees but I could see them being independent contractors.

 

[Taxing Matters]

Under federal law it is illegal for most landlords to discriminate against a tenant or applicant on the basis of race, color, religion, sex, disability, familial status, or national origin. While citizenship discrimination is not expressly prohibited, you do need to take care that the discrimination does not amount to discrimination based on national origin. Discrimination based on not having a SSN might be construed as discrimination based on citzenship/national origin unless you can articulate some rational reason for rejecting applicants with no SSN or ITIN. Why do you need a SSN or ITIN from the tenants?

You did not mention the state where the rental is located and that matters as some states have housing laws that are broader than the federal law.

 

[Gail in Georgia]

If Stephen is running a credit check on these applicants, a social security number is typically required to do so.

Gail

 

[quincy]

Stephen1 lives in Washington state.

 

[LdiJ]

I just received an application for tenancy in one of my rentals. The applicants do not have Social Security numbers (and possibly no TIN although with the language issues I'm not positive about the TIN).
1. Am I allowed to turn them down for that reason alone or is that some form of discrimination and I'm required to process the application as I would otherwise.
2. If I'm required to process the application, what other information should I obtain in lieu of a SSN?

These are not international students here on a Visa. It is a couple who are working. They present themselves as employees but I could see them being independent contractors.

They did not give you PTINs either? What explanation do they give you for being unable to provide SSNs or PTINs?

 

[Stephen1]

They did not give you PTINs either? What explanation do they give you for being unable to provide SSNs or PTINs?

Explanation? Just no SSN and when I asked about other tax ID they seemed to have no idea. Could be a language/communications issue.

 

[quincy]

Explanation? Just no SSN and when I asked about other tax ID they seemed to have no idea. Could be a language/communications issue.

You should be getting employment information from them, as part of your reference checking. You can then contact their employer to verify employment.

You have your applicants fill out financial statements, don’t you? And do background checks?

 

[Eekamouse]

Under federal law it is illegal for most landlords to discriminate against a tenant or applicant on the basis of race, color, religion, sex, disability, familial status, or national origin. While citizenship discrimination is not expressly prohibited, you do need to take care that the discrimination does not amount to discrimination based on national origin. Discrimination based on not having a SSN might be construed as discrimination based on citzenship/national origin unless you can articulate some rational reason for rejecting applicants with no SSN or ITIN. Why do you need a SSN or ITIN from the tenants?

You did not mention the state where the rental is located and that matters as some states have housing laws that are broader than the federal law.

How do you run credit checks and check for previous evictions without a social security number? We have to have an ITIN or a SSN to run those in California. Where I work, we won't let anyone who can't provide that sign a lease but we do let them live in the home with the lease holder.

 

[Taxing Matters]

How do you run credit checks and check for previous evictions without a social security number?

If you need it to run a credit/background check then you have a reason for rejecting applicants that is not based on illegal discrimination.

 

[Eekamouse]

If you need it to run a credit/background check then you have a reason for rejecting applicants that is not based on illegal discrimination.

Correctamundo.

 

[Stephen1]

Thanks all. Confirmed w/my LL Assn (who also run my screening) that since my criteria include a minimum credit score and screening can't be done that we are clear to reject this application without shooting ourselves in the foot. As this was an Hispanic couple I was a bit concerned about discrimination complaint. Upon reflection I realize I have a history of renting to Hispanics so we should be good.

 

[quincy]

Thanks all. Confirmed w/my LL Assn (who also run my screening) that since my criteria include a minimum credit score and screening can't be done that we are clear to reject this application without shooting ourselves in the foot. As this was an Hispanic couple I was a bit concerned about discrimination complaint. Upon reflection I realize I have a history of renting to Hispanics so we should be good.

Thanks for the update, Stephen1.

 

[Gail in Georgia]

Look at it this way. You are not "rejecting" this couple as you might from an applicant with, say, a previous eviction. You cannot even proceed with the screening without adequate information (i.e., a social security number) from them.

I once had a couple who attempted to get by my screening by continually telling me I looked "good for my age". Like that would give them extra points??? They both provided social security numbers; neither of which made sense and both that I suspected they pulled out one of their orifices while they were completing the application.

Gail

 

[Eekamouse]

Awhile back, we had a family attempt to buy a home in our park but there was a problem. They said they all had ssn's but only one could produce one. On their application, they all listed that social security number as being their own. The matriarch of the family was furious when told they could not do that. She cursed me out and told me I'm a racist and she was going to sue to get me fired. Whatever.

 

[STEPHAN]

A while ago we took over a property. We had the existing tenants fill out our application forms. We always do that, but do not run a credit check - they are in there already. We need their SSN, as an eviction in FL requires a non-military affidavit and with the SSN we can get a written statement from the military.

One month-to-month tenant yelled at us and went crazy for asking for his SSN. He even threw the mailbox in the trash. He told us that this was illegal, unconstitutional, and racist. He said that it is his right to not provide an SSN. I confirmed that but told him that it is my right to not rent to him. He got proper notice and moved out. He told us he found something much better.

We had found that he was a convicted, registered sex offender. If he would not have objected to giving us the SSN we would not have checked.

He recently called our office and asked if we would take him back.