When renting an apartment, landlords may require tenants to provide personal information. However, there are limits on what identifying details can be requested, especially concerning minors.
In this article, we will explore whether a landlord can ask for a child's Social Security number.
Can a Landlord Ask for My Child's Social Security Number?
No, a landlord cannot require a child's Social Security number (SSN) during the rental application process. The rental agreement is between the landlord and the adult tenants, not any minors living in the home.
Since a child cannot enter into a legally binding contract or be held financially responsible for the lease, there is no legitimate reason for a landlord to request their SSN. SSNs should only be provided voluntarily or if required by law.
What Reasons Could a Landlord Give for Requesting a Child's SSN?
A landlord may claim they need a child's SSN for a credit check or background check. However, as a minor cannot enter into a contract or take on debt, their credit is irrelevant to the rental application. Background checks also do not require SSNs.
Landlords are only entitled to information directly related to assessing an applicant's ability to pay rent and comply with lease obligations. Since children cannot be held liable, their personal details are not legally required.
Related: Can A Landlord Touch Your Personal Belongings?
What Should I Do if a Landlord Insists on My Child's SSN?
If a landlord insists on obtaining a child's SSN after being informed it is not necessary, the tenant should request the reason for the demand in writing.
This forces the landlord to justify their need for the information and allows the tenant to share the correspondence with a lawyer if they feel the request is inappropriate or intended to discriminate. Tenants may also want to inquire if providing alternative forms of identification for minors would suffice.
Does Refusing to Provide a SSN Guarantee Rejection of My Application?
Just because a tenant refuses one improper request does not mean an application will automatically be denied. However, landlords have significant discretion in rental decisions. If an application is rejected shortly after declining to provide a SSN, the tenant may want to consult with a fair housing attorney.
Discrimination based on familial status is illegal. Documenting the timeline of events and requesting the specific reason for rejection could help determine if further action is warranted.
What Options Do I Have if I Think My Application Was Denied Due to Refusing SSN Request?
If a tenant believes their application was denied due to failure to provide a child's SSN, their options include filing a complaint with the local fair housing office or pursuing a civil lawsuit alleging housing discrimination. A fair housing complaint is free to file and investigates potential discrimination.
Litigation allows a court to award damages if discrimination is proved. Either action requires documenting the landlord's questionable request and subsequent denial with as much supporting evidence as possible, like emails, letters, notes of phone conversations, and details of other qualified applicants.
Can I Withdraw My Application Within a Certain Timeframe?
Some jurisdictions grant tenants a right to rescind or withdraw a rental application within a set number of days after submission. For example, in Nevada new applicants generally have three days to cancel the application and receive back any deposit or application fees paid.
Tenants considering withdrawal due to improper information demands should research applicable laws. Withdrawal may be preferable to acceptance if the landlord has shown a willingness to make unlawful requests already.
Conclusion
In summary, landlords are not legally entitled to collect unnecessary personal details like a minor child's SSN during the rental application process. Tenants have rights against discrimination and unreasonable demands for information not pertinent to rental qualifications.
