CITIZENSHIP STATUS ALONE CANNOT BE USED TO APPROVE OR DENY SOMEONE’S APPLICATION.
WHAT YOU CAN ASK—AND WHAT YOU SHOULDN’T
A lot of the confusion in this area comes from mixing up federal housing programs with conventional, market-rate housing. Properties with federally subsidized units are subject to federal mandates requiring verification of eligible immigration status. That’s because individuals who don’t have legal immigration status are ineligible to receive federal housing subsidies. That doesn’t mean that the individual can’t be housed; they just can’t receive financial housing assistance from the federal government. Market-rate properties are not subject to those mandates. That difference often gets lost, causing unnecessary hesitation or unintended violations.
In conventional housing, providers can collect the information needed to verify identity and income, and conduct background checks. That includes government-issued identification and other standard documentation. None of this violates fair housing as long as it is based on legitimate business needs and applied consistently. Where providers get into trouble is when they start asking additional questions only of applicants they think might not be citizens. Even well-meaning curiosity can come across as differential treatment. Remember, fair housing is often less about intent and more about perception and impact, so neutrality is key.
INDIVIDUALS WHO DON’T HAVE LEGAL IMMIGRATION STATUS ARE INELIGIBLE TO RECEIVE FEDERAL HOUSING SUBSIDIES.
THE SOCIAL SECURITY NUMBER QUESTION (YES, WE’RE GOING THERE)
Few topics generate more debate among housing providers than whether a Social Security Number should be required on a rental application. Here’s the straight truth: conventional housing providers are not legally required under federal law to collect a Social Security Number. Background checks can technically be completed with a name and date of birth, though it may be
harder with common names or limited credit history. Many landlords raise a practical point: without an SSN, collection efforts or skip tracing can be complicated, if not impossible. That’s a fair business concern, but it doesn’t change fair housing obligations.
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