Tenants w/o SSNs...legitimate?

Question

Hi all,

This is my first post, I am a long-time reader of the site; quite impressed!

I am relatively new to the REI landscape also; we just bought an additional property, and our first we have owned for almost a year now.

Anyway, our current issue is that a good tenant decided he couldn't pay and he moved out w/o drama....no big deal.

We have some prospective tenants we would like to move forward with, except they are unable to produce a SSN, as they must have immigrated to the US at some point.  The woman also says that her husband doesn't have a driver's license (yet apparently has a job and drives to/from said job).  Thus far we haven't seen anything in the way of identification...this is the issue.

Obviously, this raises red flags.  To note; I will not move forward with this unless I see some ID.  My questions are as follows:

1) For those who immigrate but aren't US citizens, I assume I'm looking for a valid green card to identify the person(s)?

2) If they are in some way illegal immigrants, yet produce some sort of fake ID, are we, as landlords, breaking the law in any way if we rent to them?  Is there a way to protect against this situation?

Any other thoughts are appreciated.

Thanks everyone,

-John

Bienes Raices · Answer

I assume this could be an issue for landlords in Alabama, with the recent laws passed there about immigration.

James H. · Answer

There is a town called Farmer's Branch in Texas that tried to pass a law making it illegal to rent to undocumented persons. I don't know if they passed the law or not, but that indicates to me that it is otherwise not illegal, at least in Texas. Of course, I am not a lawyer.

If I was renting a higher end unit, I would probably want to verify SS#. If it was a lower end unit, I am fine with as long as work, income and rent history checked out.

As far as stereo types go, there are plenty of hard working immigrants, and plenty of lousy immigrants. That being said, when screening for a low income property, I would say that I am usually more impressed with applications that don't have SS#s than those that do. This is one person's experience in a sea of millions of people, though.

John Schmiesing · Answer

Hey guys, thanks for all the great replies.

As it turns out, they have produced identification, but no SS#.  The ID appears to be legitimate, and issued by the Mexican consulate in the United States.  According to some verbage on the ID, this ID type is intended for Mexican persons living in the United States.

They have given us a security deposit and they are set to move in on January 1st.  They have a proven employment history also.  We feel that at this point they are as big a risk as anybody else, so we have no reason to turn them away.

thanks again everyone,

Dan Amato · Answer

Indeed it did. Political or not, it's always wonderful to have people a few houses up from you, in a nice neighborhood, move several families in and park 3-4 pickup trucks that leak oil all over the street.

The landlord got what he deserved by not properly screening and keeping track of his rental. It just seems to happen more with illegals because just crossing over they pool resources and don't know residential codes and laws (or don't care - as I would argue since they've already broken many already. Most use fake ssn and identities they can buy for under 100 bucks in most illegal alien enclaves in every city to obtain work and housing).

It all can be avoided of course simply by proper screening.

Mark H. · Answer

Outside of the possible "illegal" issue is one that concerns me more as a landlord.  
If you don't have a driver's license or a soc #, how do you really know who you're renting to?  They could have previous criminal convictions, evictions, etc and simply not want you to know about them.

J Scott · Answer

From your three examples above, in accordance with The Privacy Act of 1974, both the real estate commission and the lenders are legally allowed to require ss numbers, assuming they provide the appropriate disclosures.  Your only example of someone not legally allowed to require it is the landlord, and as I pointed out above, I won't give it to a landlord.

Btw, most businesses that say they require a ss # just use it as a personal identifier (which is the most dangerous use from a consumer standpoint), and they are happy to provide another identifier if you ask them.

Don't assume you have to give a ss # just because a business or agency asks for one.  Know your rights to protect your identity.

George P. · Answer

Ahhh... What a perfect example to support your political views. I wonder if it's really happened....

Chris Martin · Answer

I think I know what you mean... but "legally required"? The real estate commission requires a SS# on the application. If you will never give your ss# to anyone who you're not legally required to provide it, then you can't apply for a broker's license, most rentals, loans, etc.

I think each person will decide when and where to use their personal information (SS#, birthdate, picture ID, finger print, etc.), and yes, landlords requiring SS# may miss out on "good" applicants. Likewise, landlords will devise policies that fit their needs. Screening the sex offender registry (using applicant's personal information, etc.) isn't legally required that I'm aware of, but many landlords have this policy in place.

J Scott · Answer

I can't speak for others, but I will never give my ss# to anyone who I'm not legally required to provide it to.  And landlords do not have the legal right to require a ss# from their tenants.  Of course, landlords have the right to refuse tenants if they don't give an ss#, so it's up to you, but don't be surprised when someone you believe to be a citizen doesn't provide a ss#.

That said, when I was renting, I was always happy to provide the landlord a current copy of my credit report and criminal background history that I pulled myself.

Chris Martin · Answer

It all comes down to how strict or loose your rental policies are. Have your policies written and concise. Ideally, you would make the policies publicly available (e.g. on your web site) in case anyone challenged them.

You can't screen without a SS number, so another alternative is to have the tenant get a clearance letter from DHS (Department of Homeland Security). We did this a few months ago...