Can A Landlord Make A Copy Of A Prospective Tenant’s SS Card And Driver’s License?
Question
Is there any legal reason why a landlord should not make copies of a prospective tenant’s SS card and driver’s license?
Answer
The shortest answer is NO! A longer short answer follows.
A landlord can request and make copies of any documents considered material to making an informed business decision. I considered the two items you mentioned to be at the top of the list and the minimum of what should be required. That being said, however, there are at least a few caveats.
First, as with most issues related to landlording, it is important that the same procedures be rigorously followed regarding all applicants, at least for a particular vacancy and better yet for a significantly long period that a change could be justified based on changing business conditions such as supply/demand in the rental market. The policies and reasons for change should be documented and retained for at least the statutes of limitations of relevant statutes, ordinances, and regulations related to fair housing and other discrimination issues.
Second, knowing that the applicant is who he says he is can be more important than any other qualifying criteria. A landlord will be safer to ask for at least two ID items (at least one being a government issued photo ID) out of a possible list of four or more items that are reliable sources – e.g., military ID card, passport, or other government issued ID. It is important, however, to choose items that are relevant and material to identity verification and to avoid any misrepresentation or fraudulent activity against the landlord or others. There are potential legitimate reasons why an applicant cannot come up with a particular requested document, so, in order to avoid potential discrimination claiims, it is important that landlords be flexible in allowing use of substitute documents.
Third, landlords, in order to avoid potential liabilities related to identity theft of an applicant or tenant, must be concerned about security of any such documentation ( both computer and paper records) and adequate destruction of it when no longer needed.
There’s a lot more that could be said on the subject, but hopefully, that’s enough for your needs.