MHCO Columns

Phil Querin Q&A: Asking for Social Secuirty Number on Rental Application

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Phil Querin
Querin Law
MHCO Legal Counsel

Question: Can you ask for social security numbers (SSN) on an application?  My attorney says you cannot ask for SSN in Portland.  Is this correct?  Can I ask for SSN for properties outside of Portland?

 

 

Answer: City of Portland (and presumably entire state) allows landlords to use SSN but a tenant's failure to provide a social security number cannot be the basis of rejection.

 

Portland says the following proof is legal (or combination thereof) (Here are 7 Additional Forms of ID that are permissible in Portland:

 

  1. Evidence of a Social Security Number (SSN Card);
  2. Valid Permanent Resident Alien Registration Receipt Card;
  3. Immigrant Visa;
  4. Individual Tax Payer Identification Number (ITIN);
  5. Non-immigrant Visa;
  6. Any government-issued identification regardless of expiration date; or
  7. Any non-governmental identification or combination of identifications that would permit a reasonable verification of identity.
    See,     https://www.portland.gov/sites/default/files/2020-02/phb-rso-brochure-screening-v8-spreads.pdf

 

In Oregon, you can ask for a Social Security number on a rental application, but with some important caveats:

You can request it, and it's common practice since landlords typically need it to run a credit check through agencies like TransUnion, Equifax, or Experian.

However:

  • You cannot require it as an absolute condition of applying. Under Oregon's fair housing rules and federal guidance, you must offer an alternative path for applicants who don't have an SSN — such as an Individual Taxpayer Identification Number (ITIN), which many lawful immigrants use instead.
  • Oregon has relatively strong tenant privacy protections. You must have a legitimate business purpose for collecting it (credit screening qualifies), and you're responsible for keeping it secure.
  • You cannot use the absence of an SSN as a proxy for rejecting someone based on national origin or immigration status, which would implicate fair housing law.
  • Oregon's screening criteria law (ORS 90.295) requires you to disclose your screening criteria upfront. If an SSN or credit check is part of that, it should be in your written criteria provided to applicants before they apply.

Practical bottom line: Ask for it, but accept an ITIN as an alternative, secure the data carefully, and make sure your written screening criteria reflect your process. Given that you work with Manufactured Housing Communities of Oregon, your attorney at Warren Allen or Querin Law would be the right people to confirm current compliance, since Oregon landlord-tenant law updates fairly regularly.