Screening tenants requires a delicate balance. You need to verify an applicant's identity and ability to pay rent, but you must also comply with federal, state, and local fair housing laws. This can feel like a legal minefield, especially when it comes to questions about citizenship or immigration status. After reading this guide, you will have a clear framework for what you can and can't ask, helping you build a fair and legally sound screening process.
Understanding Fair Housing and National Origin
The foundation of fair housing in the United States is the federal Fair Housing Act (FHA). This law prohibits discrimination in housing based on seven protected classes, including national origin. This is the key concept to understand when dealing with applicants who may not be U.S. citizens.
"National origin" is a broad term. It includes not just the country a person was born in, but also their ethnicity, ancestry, and even the language they speak. While immigration status itself is not an explicitly protected class under the federal FHA, discriminating based on it can often be interpreted as discrimination based on national origin. For example, if you create a policy that only accepts U.S. citizens, you could be disproportionately excluding people from certain national origins, which could lead to a discrimination claim.
Furthermore, many states and cities have expanded their fair housing laws to include immigration and citizenship status as explicitly protected classes. Because laws vary so widely, the safest and most compliant approach is to avoid the topic altogether. Instead, you should focus on applying the same financial and background screening criteria to every single applicant.
What You Can (and Should) Require from All Applicants
Consistency is your best defense against a discrimination claim. Your requirements must be identical for everyone who applies. By focusing on financial qualifications rather than personal status, you can effectively assess an applicant's ability to be a responsible tenant.
Proof of Identity
You can and should require all adult applicants to provide proof of their identity. The key is to be flexible about the type of identification you accept. Requiring a specific document, like a U.S. driver's license, could be discriminatory as not all eligible renters will have one.
Consider accepting any of the following valid, government-issued photo IDs:
- State-issued driver’s license or ID card
- U.S. or foreign passport
- Permanent resident card (“green card”)
- Employment Authorization Document
- Other forms of government-issued identification
Proof of Income and Financial Stability
This is the core of your screening process. You have the right to verify that an applicant can afford the rent. Again, be consistent with what you ask for from every applicant.
Acceptable documents include:
- Recent pay stubs
- Bank statements showing a consistent income and healthy balance
- An offer letter from a new employer on company letterhead
- Recent tax returns (Form 1040 or W-2)
Be aware that an applicant who is new to the country may not have an established U.S. credit history. In these cases, you might consider alternative proof of financial stability, such as larger bank account balances or proof of income from a foreign employer.
Questions to Avoid: Steering Clear of Discrimination
Certain questions are red flags for housing discrimination. Asking them, even with good intentions, can expose you to legal risk. These questions do not help you determine if someone will be a good tenant, and they create the appearance of screening based on protected characteristics.
Avoid these questions entirely:
- “Are you a U.S. citizen?”
- “What is your immigration status?”
- “Do you have a green card?” or “What kind of visa do you have?”
- “Where were you born?”
- “Is English your first language?”
Even small talk can be risky. A casual question about an applicant's accent or home country could be misinterpreted as a factor in your decision-making process.
The guiding principle is simple: Focus your screening on financial qualifications and rental history, not on an applicant's personal background or origin.
Handling Social Security Numbers (SSNs) and ITINs
Many landlords require a Social Security Number (SSN) to run credit and background checks. However, many non-citizens who are legally allowed to live and work in the U.S. do not have an SSN. Instead, they may use an Individual Taxpayer Identification Number (ITIN).
An ITIN is a tax-processing number issued by the IRS to individuals who need to file U.S. taxes but are not eligible for an SSN. A person with an ITIN is paying taxes and can have verifiable income and rental history.
Here is the best practice:
- Establish a policy of running a credit and/or background check on every applicant.
- Accept either an SSN or an ITIN to perform this check.
Refusing to accept an ITIN can be viewed as discriminatory because it effectively blocks a large group of non-citizens from renting your property, which links back to national origin discrimination. Many modern screening services can run reports using either number. As a landlord, using a property management platform like Rentari.ai can help you integrate with screening services that handle both SSNs and ITINs, ensuring you apply a consistent process to every applicant.
Creating a Standard, Written Screening Policy
Your single most powerful tool for fair and effective screening is a written policy. This document outlines your objective criteria for all applicants and serves as proof of your consistent process. When you have a clear, written policy, you can make decisions based on qualifications, not on protected characteristics or unconscious bias.
Your written screening policy should include:
- Income Requirements: State your income-to-rent ratio (for example, “Applicants must have a gross monthly income of at least three times the monthly rent”).
- Credit History: Define your minimum credit score requirements, if any. Be clear about what you look for, such as a history of on-time payments.
- Rental History: Note that you will be checking for a history of timely rent payments, proper notice to vacate, and no prior evictions.
- Required Documents: List the specific documents all applicants must provide for identity and income verification.
Apply these criteria identically to every single person who applies. If you have to deny an applicant, you can point to the specific, written criterion they did not meet. This protects you and ensures the process is fair to everyone.
Your Next Step: Document Your Process
Navigating fair housing laws requires diligence, but it doesn't have to be intimidating. The key is to establish a consistent, objective, and well-documented screening process that focuses on financial stability, not personal status. Always remember to check your specific state and city laws, as they may offer additional protections.
Your next step is simple and concrete. Take 30 minutes this week to write down your tenant screening criteria. List the exact documents you require and the financial thresholds applicants must meet. This simple document is your most powerful tool for fair, effective, and legally compliant tenant screening.