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Renting Without a Social Security Number in the U.S. (2026)

Independently fact-checkedBy Recording Law Editorial Team17 min read

Independently fact-checked against primary sources (last audited September 26, 2026). · 44 primary sources cited on this page. How we verify our legal content

Renting Without a Social Security Number in the U.S. (2026)

As of September 2026, many people in the United States rent a home without a Social Security number (SSN), but the rules change from state to state and with the type of housing. In private housing, landlords usually ask for an SSN to run a credit check. Some states let the landlord require an SSN or an ITIN, others make the landlord accept an ITIN, and several bar the landlord from asking about your immigration status. Oregon goes further: a landlord there may not reject your application because you do not provide an SSN, as long as you agree to provide identification.

Federally assisted housing (such as Section 8) works differently: the assistance is only for citizens and certain immigrants with eligible status, but a mixed-status family can receive reduced assistance. This page covers what federal law says, what some states say, and what to do if a landlord threatens you over your status.

This page is general information about rental housing in the United States. It summarizes federal law and the laws of some states, not all of them. It is not a substitute for advice about your situation from a lawyer or a legal aid organization.

Why does a landlord ask for a Social Security number?

Usually, a landlord asks for an SSN to pull a credit or background report on you. The Federal Trade Commission (FTC) explains in its guide for landlords that landlords may get these reports on people who apply to rent housing or renew a lease.

immigrant rights - keeping copies of documents

The New York City Commission on Human Rights puts it this way in its guidance on immigration status and national origin (updated January 2025): to run a credit check, a landlord can generally ask for photo identification and other personal information, such as a driver's license, a state ID card, a passport, an SSN or an ITIN.

If the landlord denies your application, asks for a co-signer, requires a bigger deposit or charges you higher rent because of something in that report, the federal credit reporting law requires the landlord to give you a notice. According to the FTC, the notice must include:

  • the name, address and phone number of the company that supplied the report;
  • a statement that the company did not make the decision;
  • your right to dispute inaccurate information and to get a free copy of the report if you ask within 60 days.

What the federal Fair Housing Act says

The Fair Housing Act, 42 U.S.C. § 3604, bars refusing to rent a home, or offering different rental terms, because of race, color, religion, sex, familial status, disability or national origin. It also bars ads that indicate a preference based on national origin.

That federal list does not include citizenship or immigration status. The federal protection is for national origin: the country you or your family come from. For example, a landlord who asks only people from a certain country for documents may be imposing different terms because of national origin, which is what the law bars.

Something to know in 2026: in September 2025, HUD's Office of Fair Housing and Equal Opportunity issued a memorandum that prioritizes cases with strong evidence of intentional discrimination. The same memorandum withdrew several earlier guidance documents, including a 2022 FAQ on immigration status and discrimination, 2016 guidance on Fair Housing Act protections for people with limited English proficiency, and a 2013 Region 8 legal opinion on Social Security numbers and noncitizens. The statute is unchanged; what changed is how HUD decides which cases to investigate first.

Federal deadlines: you can file a complaint with HUD within one year of the discrimination (42 U.S.C. § 3610) or a lawsuit in court within 2 years (42 U.S.C. § 3613).

The ITIN: what it is and what it is not

An ITIN (Individual Taxpayer Identification Number) is a 9-digit number the IRS issues to people who need a number for federal taxes but are not eligible for an SSN. According to the IRS ITIN page, you can apply for one regardless of immigration status.

The IRS also spells out what an ITIN does not do:

  • it does not provide or change immigration status;
  • it does not authorize work in the United States;
  • it does not serve as identification outside the federal tax system.

So an ITIN is not an ID. But some laws and agencies mention it as a number a landlord can accept for a credit check: Minnesota requires landlords to accept it on the application, Oregon requires a landlord that verifies identity to accept an ITIN card (among other documents), Virginia and Colorado let landlords ask for an SSN or a taxpayer identification number, and New York City's guidance lists it among the information a landlord may request. The IRS issues ITINs only to people with a federal tax purpose, such as filing a tax return.

State laws on SSNs, ITINs and immigration status

The table summarizes the laws of these states and of New York City. It is not a complete list: other states and cities may have their own protections. If your state is not listed, that does not mean it has no law.

Oregon's law answers this page's question most directly. Since June 27, 2025, a landlord there may not ask about the immigration or citizenship status of an applicant or a household member. It also may not reject an application because someone in the household does not produce an SSN or prove lawful presence in the United States, as long as the applicant agrees to provide identification (ORS 90.303(6); Oregon Laws 2025, chapter 226, SB 599).

If an Oregon landlord verifies identity, it must accept any of these documents, alone or combined: a Social Security card or evidence of an SSN, a certified birth record, a permanent resident card, an immigrant or nonimmigrant visa, an ITIN card, a passport, driver license or other government-issued ID regardless of expiration date, or nongovernment ID that permits a reasonable verification of identity (ORS 90.306). That section makes an exception for what a federal program that provides rent subsidies or affordable rents requires. If an Oregon landlord denies your application after screening it, it must give you a written statement of at least one reason within 14 days; if it does not, you can recover $100 from the landlord (ORS 90.304).

StateLawWhat it says about immigration statusWhat the law does allowConsequences for the landlord
CaliforniaCivil Code §§ 1940.3, 1940.2, 1940.35 and 1942.5; Code of Civil Procedure § 1161.4The landlord may not ask about immigration or citizenship status or require you to state it, may not threaten to disclose it to make you leave, and may not evict you for it.Information to verify your financial qualifications or your identity.Up to $2,000 per threat (§ 1940.2); if the landlord discloses your status to an authority to harass you or push you out, 6 to 12 times the monthly rent per person (§ 1940.35).
ColoradoC.R.S. §§ 38-12-1201 to 38-12-1205 (Immigrant Tenant Protection Act)The landlord may not request or collect information about your immigration status, threaten to disclose it, refuse to rent to you or evict you because of it.The same financial information from every applicant, including an SSN or a taxpayer identification number.Damages, a civil penalty of up to $2,000 per violation paid to the tenant, and attorney fees.
Illinois765 ILCS 755 (Immigrant Tenant Protection Act); 735 ILCS 5/9-106.3The landlord may not threaten to disclose your status to harass you, retaliate or make you leave, and may not evict you because of it. This law does not bar asking about status on the application.Information to verify your financial qualifications.Damages, a civil penalty of up to $2,000 per violation paid to the tenant, and attorney fees.
MinnesotaMinn. Stat. §§ 504B.117 and 504B.212The landlord may not contact federal or state law enforcement about your immigration status, or threaten to, as retaliation.The application must offer an "SSN or ITIN" option. The landlord may deny an application if the credit report tied to the ITIN is insufficient.No denial solely because you gave an ITIN. For bad-faith retaliation, up to $1,000 per occurrence plus attorney fees.
New York (state)Executive Law § 296(5)Bars refusing to rent or offering different terms because of citizenship or immigration status, and using applications or inquiries that express that limitation.Verifying status where another law requires it (§ 292(41)).Complaint to the state Division of Human Rights. There are exceptions, such as an owner-occupied two-family house.
New York CityAdministrative Code § 8-107(5)Bars treating a tenant or applicant differently because of actual or perceived immigration status, and threatening to call ICE.ID and information for a credit check, such as an SSN or ITIN. Accepting only a passport or an SSN may be a pretext for discrimination.Complaint to the city Commission on Human Rights within one year, or a lawsuit in court within three years.
OregonORS 90.303(6), 90.306 and 90.388 (SB 599, in effect since June 27, 2025)The landlord may not ask about the status of an applicant, tenant or household member, may not reject an application because you do not produce an SSN or prove lawful presence if you agree to provide ID, and may not disclose or threaten to disclose your status to harass, retaliate or intimidate.If it verifies identity, it must accept any listed ID, such as an ITIN card, or a passport or other government ID even if expired. Exception for what a federal rent-subsidy or affordable-rent program requires.A violation of § 90.306 or § 90.388 is treated as discrimination: if you prove it, you have a defense to a discriminatory eviction case unless you are behind on rent (ORS 90.390), and you can sue in circuit court (ORS 659A.885).
Rhode IslandR.I. Gen. Laws § 34-18-62 (in effect since July 2, 2025)The landlord may not ask about immigration or citizenship status or require you to state it.Information to verify your financial qualifications or your identity.This section sets no penalty of its own.
Vermont9 V.S.A. § 4503Bars refusing to rent, offering different terms or harassing because of citizenship or immigration status.Verifying status where federal law requires it.This section sets no penalty of its own.
WashingtonRCW 49.60.222Bars refusing to rent or offering different terms because of citizenship or immigration status.Exception: the law does not apply when the owner or sublessor lives in the shared unit.Complaint to the state Human Rights Commission within 12 months.
VirginiaVa. Code § 55.1-1203(B)The section does not address immigration status.The landlord may require each applicant to provide an SSN or an ITIN.Not applicable.

Some important details of these laws:

  • California. Civil Code § 1940.3 lets a landlord request the information needed to verify your financial qualifications or identity, and comply with federal law, including federal rental assistance programs. All of these protections cover the status a landlord "perceives" or assumes you have (§ 1940.05).
  • Colorado. A landlord who is also your employer may collect the information required for state or federal employment forms (C.R.S. § 38-12-1203). If your landlord is also your employer, see also our guide to your wage rights regardless of immigration status.
  • Minnesota. The statute says the landlord must put an "SSN or ITIN" option on the application (Minn. Stat. § 504B.117).
  • New York. New York City's guidance gives this example: if a landlord says it will accept only a passport or an SSN for a credit check and refuses other documents that would be enough, that may be a pretext for discrimination.

If you already live there: eviction and immigration threats

Some states give special protection to a tenant who was already accepted and later cannot provide an SSN:

immigrant rights - signing documents

  • California. Under Code of Civil Procedure § 1161.4, a landlord may not evict you because of your immigration status. If the landlord approved you as a tenant and then sues because you did not provide a valid SSN, the information for a credit report, or an ID the landlord accepts, the law presumes you have a valid defense. The landlord can try to prove otherwise.
  • Illinois. Under 735 ILCS 5/9-106.3, you have a defense in the eviction case if the landlord wants you out, solely or in part, because you did not provide an SSN, the information for a credit report, or an ID the landlord accepts, once the lease has started and you have moved in.

Threats to call immigration are also barred in several states:

  • In California, reporting or threatening to report a tenant to immigration authorities is prohibited retaliation (Civil Code § 1942.5). Threatening to disclose status to make a tenant leave allows a claim of up to $2,000 per violation, including in small claims court (§ 1940.2).
  • In Illinois, a landlord may not threaten to disclose a tenant's immigration status to any person or agency to harass, retaliate or make the tenant leave, unless required by law or court order (765 ILCS 755/10).
  • In Colorado, a landlord may not disclose or threaten to disclose a tenant's immigration status to any person, entity or agency, except as required by law or court order.
  • In Oregon, a landlord may not disclose or threaten to disclose the immigration or citizenship status of an applicant, a tenant or a household member with the intent or purpose of harassing, retaliating against or intimidating them. A violation is treated as discrimination: if you prove it, you have a defense to a discriminatory eviction case unless you are behind on rent, and you can sue in circuit court (ORS 90.388 and 90.390; ORS 659A.885).
  • In Minnesota, a landlord may not contact federal or state law enforcement about a tenant's immigration status, or threaten to, in retaliation because you asked for repairs, reported a housing code violation or joined a tenant association (Minn. Stat. § 504B.212).
  • In New York City, the city says it is illegal for a landlord to harass tenants or threaten to call ICE (city page).

In Colorado and Illinois, the law also says a tenant's immigration status is irrelevant to liability or remedy in a case about the tenant's housing rights, and it limits questions about that status during the case.

If an immigration agent comes to your home, read what to do if ICE comes to your door. For general eviction, deposit and repair rules in each state, see our landlord-tenant laws by state.

Federally assisted housing (Section 8 and public housing)

HUD-assisted housing has its own rules. According to a January 12, 2026 HUD letter to housing owners and agents, federal housing assistance is limited to U.S. citizens and noncitizens with eligible immigration status, under section 214 of the Housing and Community Development Act of 1980.

What the current rules say:

  • The SSN. The owner or agent must require the SSN of each household member, except ineligible noncitizens. The SSN rule does not apply to people who do not claim eligible immigration status (24 CFR § 5.216(a)).
  • Mixed-status families. If some members do not claim eligible status and others establish citizenship or eligible status, the family can receive prorated assistance: only the share that corresponds to the eligible members. For a family already receiving assistance, the rules list three options, depending on the program and the family's eligibility: continued assistance, a temporary deferral of termination, or prorated assistance, which must be provided if the family asks (24 CFR § 5.516).
  • Declaration under penalty of perjury. A person who claims to be a citizen or to have eligible status signs a declaration under penalty of perjury (24 CFR § 5.508). Never claim a status you do not have.
  • Who lives in the unit. According to the HUD letter, if a family knowingly lets an ineligible noncitizen who is not on the lease live permanently in the unit, the owner or agent must terminate the assistance, and the family cannot be readmitted for at least 24 months (24 CFR § 5.514).

Proposed rule, still pending. On February 20, 2026, HUD published a proposed rule that would require verifying the citizenship or eligible status of all applicants and recipients regardless of age, and would make prorated assistance only temporary while the status of all members is verified. The comment period closed April 21, 2026. As of September 2026 it is a proposal, not a final rule.

What you should never do

  • Do not give a false SSN or someone else's. Under 42 U.S.C. § 408(a)(7)(B), falsely representing a number as your SSN with intent to deceive, to obtain anything of value or for any other purpose, is a felony punishable by up to 5 years in prison, a fine, or both.
  • Do not lie on the application. In Arizona, for example, untrue or misleading information about your SSN on the application or lease counts as material noncompliance, and the landlord can give you a 10-day notice to end the lease (A.R.S. § 33-1368).
  • Do not sign status declarations that are not true, especially in federally assisted housing.

If you do not have an SSN, the safest course is to say so plainly and offer other documents that show who you are and that you can pay the rent. In several of the states in the table, the law lets the landlord ask for exactly that kind of information about your financial qualifications.

Texas is not in the table, but its Property Code gives every applicant a practical tool. When the landlord gives you a rental application, it must make available a printed notice of its tenant selection criteria and the grounds on which an application may be denied. If the landlord rejects you without having made that notice available, it must return the application fee and any application deposit (Tex. Prop. Code § 92.3515). Read the criteria before you pay the fee.

Where to report and get help

  • HUD (national origin and the other federal categories). Call 1-800-669-9777 or use HUD's reporting page. HUD advises reporting as soon as possible because of the deadlines. Federal law bars retaliation against people who report.
  • New York City. Report at on.nyc.gov/reportdiscrimination, per the city's page.
  • Washington. The state Human Rights Commission takes housing complaints within 12 months of the harm. Its phone number is 800-233-3247.
  • California, Colorado, Illinois, Minnesota and Oregon. These laws let a tenant sue the landlord in court. For that step, look for a legal aid organization or a lawyer licensed in your state.

Keep copies of the application, messages, letters and any notice from the landlord. Write down the date, time and witnesses for every threat. All of our guides on this topic are in the immigrant rights section.

Disclaimer: This article provides general legal information about renting a home without a Social Security number in the United States, based on federal law and the laws of the states named, in effect as of September 2026. It is not legal advice. For your situation, consult a lawyer licensed in your state or a legal aid organization.

Frequently Asked Questions

Can I rent an apartment without a Social Security number?

Many people do, but it depends on the state and the landlord. In private housing, landlords usually ask for an SSN to run a credit check. Oregon bars landlords from rejecting an application because the applicant does not provide an SSN, as long as the applicant agrees to provide identification. Minnesota requires landlords to offer an ITIN option on the application, Virginia lets landlords require an SSN or an ITIN, and California, Colorado, Oregon and Rhode Island bar landlords from asking about immigration status.

Can a landlord ask whether I have papers?

It depends on the state. California, Colorado, Oregon and Rhode Island bar landlords from asking about immigration or citizenship status, with exceptions such as complying with federal law. New York State and New York City bar applications or inquiries that discriminate based on citizenship or immigration status. The federal Fair Housing Act protects against national origin discrimination, but its text does not mention immigration status.

Can I use my ITIN instead of an SSN?

In Oregon, a landlord that verifies identity must accept an ITIN card, among other documents, and may not reject your application because you do not provide an SSN if you agree to provide identification. In Minnesota the application must offer an SSN or ITIN option, and the landlord cannot deny it solely because you gave an ITIN. In Virginia and Colorado the law lets landlords ask for an SSN or a taxpayer identification number. The IRS says an ITIN is for federal taxes only and does not serve as identification outside the federal tax system.

Can my landlord evict me because I do not have an SSN?

In California, if the landlord already approved you as a tenant and sues because you did not provide a valid SSN, the law presumes you have a defense, although the landlord can try to prove otherwise. In Illinois, you have a defense in the eviction case if the landlord wants you out for not providing an SSN after the lease started and you moved in. In other states, check with a legal aid organization.

Is it illegal for my landlord to threaten to call immigration?

In several places it is barred, under different conditions. Colorado bars it, and New York City says it is illegal. California bars it when the threat is meant to make you leave or is retaliation. Illinois bars it when the purpose is to harass, intimidate, retaliate or make you leave, and Oregon when the purpose is to harass, retaliate or intimidate. Minnesota bars threats to contact law enforcement about your status as retaliation, for example after you ask for repairs. In California, threatening to disclose your status to make you leave allows a claim of up to $2,000 per violation. In Colorado and Illinois, a court can order a civil penalty of up to $2,000 per violation, paid to the tenant. Keep evidence of every threat.

Can my family get Section 8 if someone in the household is undocumented?

Federal assistance is only for citizens and noncitizens with eligible status, but a mixed-status family can receive assistance prorated by the number of eligible members, and for a family already receiving assistance the rules say prorated assistance must be provided if the family asks. The SSN rule does not apply to people who do not claim eligible status. A HUD rule proposed on February 20, 2026, still pending as of September 2026, would make that prorated assistance temporary.

What happens if I give a Social Security number that is not mine?

Falsely representing a number as your SSN with intent to deceive, to obtain anything of value or for any other purpose, is a federal felony punishable by up to 5 years in prison, a fine, or both (42 U.S.C. § 408(a)(7)(B)). It can also cost you the home: in Arizona, for example, false information about your SSN on the application counts as material noncompliance with the lease.

Where do I report housing discrimination?

To HUD, at 1-800-669-9777 or through its online reporting page, within one year; or with a lawsuit in federal or state court within 2 years. In New York City, at on.nyc.gov/reportdiscrimination. In Washington, to the state Human Rights Commission within 12 months.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. 42 U.S.C. § 3604 (Fair Housing Act: discrimination in the sale or rental of housing)(govinfo.gov).gov
  2. 42 U.S.C. § 3610 (HUD complaints: one-year deadline)(govinfo.gov).gov
  3. 42 U.S.C. § 3613 (private lawsuit: 2-year deadline)(govinfo.gov).gov
  4. 42 U.S.C. § 408 (Social Security number offenses)(govinfo.gov).gov
  5. HUD FHEO, Fair Housing Act Enforcement and Prioritization of Resources memorandum (September 16, 2025)(hud.gov).gov
  6. HUD: Housing Discrimination Under the Fair Housing Act(hud.gov).gov
  7. HUD: Report Housing Discrimination(hud.gov).gov
  8. HUD Office of Multifamily Housing, letter to owners and agents on citizenship and immigration status verification (January 12, 2026)(hud.gov).gov
  9. 24 CFR § 5.216 (disclosure and verification of Social Security numbers in HUD programs)(ecfr.gov).gov
  10. 24 CFR § 5.508 (evidence of citizenship or eligible immigration status)(ecfr.gov).gov
  11. Federal Register: HUD proposed rule, Verification of Eligible Status (February 20, 2026, proposed)(federalregister.gov).gov
  12. FTC: Using Consumer Reports: What Landlords Need to Know(ftc.gov).gov
  13. IRS: Individual Taxpayer Identification Number (ITIN), Spanish page(irs.gov).gov
  14. IRS: Individual Taxpayer Identification Number (ITIN)(irs.gov).gov
  15. California Civil Code § 1940.3 (immigration status inquiries)(leginfo.legislature.ca.gov).gov
  16. California Civil Code § 1940.05 (definition of immigration or citizenship status)(leginfo.legislature.ca.gov).gov
  17. California Civil Code § 1940.2 (conduct to influence a tenant to vacate)(leginfo.legislature.ca.gov).gov
  18. California Civil Code § 1940.35 (disclosure of status to authorities)(leginfo.legislature.ca.gov).gov
  19. California Civil Code § 1942.5 (retaliation against tenants)(leginfo.legislature.ca.gov).gov
  20. California Code of Civil Procedure § 1161.4 (eviction based on immigration status)(leginfo.legislature.ca.gov).gov
  21. Colorado Revised Statutes, title 38, §§ 38-12-1201 to 38-12-1205 (Immigrant Tenant Protection Act)(olls.info).gov
  22. 765 ILCS 755/10 (Illinois Immigrant Tenant Protection Act: prohibited conduct)(ilga.gov).gov
  23. 765 ILCS 755/15 (Illinois Immigrant Tenant Protection Act: remedies)(ilga.gov).gov
  24. 735 ILCS 5/9-106.3 (Illinois affirmative defenses for retaliation based on immigration status)(ilga.gov).gov
  25. Minn. Stat. § 504B.117 (individual taxpayer identification number)(revisor.mn.gov).gov
  26. Minn. Stat. § 504B.212 (tenant right to organize; retaliation prohibited)(revisor.mn.gov).gov
  27. Minnesota Session Laws 2024, chapter 118 (effective dates)(revisor.mn.gov).gov
  28. New York Executive Law § 296 (unlawful discriminatory practices)(nysenate.gov).gov
  29. New York Executive Law § 292 (definitions)(nysenate.gov).gov
  30. NYC Commission on Human Rights: Legal Enforcement Guidance on Discrimination on the Basis of Immigration Status and National Origin (updated January 2025)(nyc.gov).gov
  31. City of New York: Know Your Housing Rights, Regardless of Status(nyc.gov).gov
  32. New York Attorney General: Immigrant Tenant Rights guide (Spanish)(ag.ny.gov).gov
  33. R.I. Gen. Laws § 34-18-62 (inquiries regarding immigration status)(webserver.rilegislature.gov).gov
  34. 9 V.S.A. § 4503 (Vermont unfair housing practices)(legislature.vermont.gov).gov
  35. RCW 49.60.222 (Washington unfair practices in real estate transactions)(app.leg.wa.gov).gov
  36. Washington State Human Rights Commission: Fair Housing(hum.wa.gov).gov
  37. Va. Code § 55.1-1203 (application; deposit, fee, and additional information)(law.lis.virginia.gov).gov
  38. A.R.S. § 33-1368 (Arizona tenant noncompliance with rental agreement)(azleg.gov).gov
  39. 24 CFR § 5.514 (denial or termination of assistance; period of at least 24 months)(ecfr.gov).gov
  40. 24 CFR § 5.516 (assistance for mixed families: continued, deferred or prorated)(ecfr.gov).gov
  41. ORS chapter 90, §§ 90.303, 90.304, 90.306, 90.388 and 90.390 (Oregon residential landlord and tenant law)(oregonlegislature.gov).gov
  42. Oregon Laws 2025, chapter 226 (SB 599, immigration status discrimination in real estate transactions)(oregonlegislature.gov).gov
  43. ORS 659A.885 (Oregon civil action for unlawful practices)(oregonlegislature.gov).gov
  44. Tex. Prop. Code § 92.3515 (notice of eligibility requirements to rental applicants)(tcss.legis.texas.gov).gov
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