Riverside, CA asked in Landlord - Tenant for California

Q: rental application questions.......filling out an application and being asked for credit report,ssn and is that legal

also driver license number

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, it is generally legal for landlords to ask for certain information on a rental application, including a credit report, Social Security Number (SSN), and driver's license number. However, there are some restrictions and guidelines:

1. Credit report: Landlords can request a credit report, but they must obtain written consent from the applicant. The landlord must also provide the applicant with a copy of the report if it is used to deny the application or if the applicant requests a copy.

2. Social Security Number (SSN): Landlords can ask for an applicant's SSN for the purpose of running a credit check or background screening. However, they cannot discriminate based on the applicant's immigration status or lack of an SSN.

3. Driver's license number: Landlords may request a driver's license number or other government-issued identification to verify the applicant's identity and to conduct a background check.

It's important to note that landlords cannot discriminate against applicants based on race, color, religion, sex, national origin, familial status, disability, sexual orientation, gender identity, gender expression, marital status, or veteran or military status.

If a landlord rejects an applicant based on information obtained from a credit report or background check, they must provide the applicant with an "adverse action notice" that includes the reason for the denial and the contact information of the agency that provided the report.

In summary, while it is legal for landlords in California to request a credit report, SSN, and driver's license number on a rental application, they must follow specific guidelines and cannot discriminate against applicants based on protected characteristics.

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