Quick Answer
Yes — ITIN holders have the same Fair Housing Act rights as anyone else, and no federal law requires an SSN to rent. Minnesota requires rental applications to offer an ITIN option. California and Colorado bar landlords from asking about immigration status, and Illinois, Washington and New York City bar discrimination based on it. Everywhere, landlords can't discriminate based on national origin.
What Is the Fair Housing Act and Does It Apply to You?
The Fair Housing Act of 1968 (42 U.S.C. § 3604) bars housing discrimination against any person based on 7 traits: race, color, national origin, religion, sex, familial status, or disability. It has no lawful-status requirement, so undocumented tenants are covered against national-origin discrimination. Immigration status itself isn't on the federal list.
Read more in HUD's Fair Housing Act overview.
This means: a landlord who turns away ITIN holders of one national origin while accepting comparable applicants of another may be violating federal law. A landlord who refuses every applicant without an SSN usually isn't breaking federal law, though some states and cities restrict that.
What Can and Can't Landlords Ask?
At the application stage, landlords can ask for 7 things, including photo ID, proof of income, and consent for a credit check. Everywhere, they can't set different terms by national origin or retaliate for a complaint. Some rules are local: Minnesota requires an ITIN option, and California and Colorado bar asking about immigration status.
Landlords Can Ask For
- Government-issued photo ID (passport, consular ID, state ID)
- Proof of income (pay stubs, bank statements, tax returns)
- Proof of U.S. address
- Credit or background check consent (an ITIN works if the screening service accepts it)
- References from previous landlords
- Application fee
- Security deposit
Landlords Cannot
- Deny you solely for using an ITIN instead of an SSN (Minnesota)
- Ask about immigration status (California and Colorado; Illinois only where law requires it)
- Charge higher deposits solely because of national origin
- Treat you differently because of immigration status (Illinois, Washington, New York City)
- Advertise "SSN required" in a way that screens out protected classes
- Retaliate against a tenant who files a fair housing complaint
Which States Have Stronger Protections?
Federal law sets the floor, but at least 6 states and cities go further. California and Colorado bar landlords from asking about immigration status, Illinois, Washington and New York City make immigration status a protected trait in housing, and Minnesota requires rental applications to offer an ITIN option instead of an SSN.
| State / City | Added Protection |
|---|---|
| California | Landlords can't ask about immigration or citizenship status or require a statement about it, except to verify identity or finances or comply with federal law (Civil Code § 1940.3) |
| New York City | Immigration status is protected; landlords can't require immigration documents, and refusing alternatives to an SSN for a credit check can be pretext for discrimination (NYC Human Rights Law) |
| Illinois | Since January 2024, the Illinois Human Rights Act bars housing discrimination based on immigration status; landlords may ask only where state or federal law requires it |
| Washington | Since June 2020, discrimination based on citizenship or immigration status in rentals is illegal (RCW 49.60.222) |
| Minnesota | Since 2025, rental applications must offer an ITIN option, and landlords can't deny you solely for using one (Minn. Stat. § 504B.117) |
| Colorado | Since January 1, 2021, landlords can't demand, request or collect immigration status or threaten to disclose it (the Immigrant Tenant Protection Act (SB 20-224)) |
How Do Credit Checks Work With an ITIN?
Landlords use third-party screening services, and ITIN support varies. TransUnion SmartMove says it can only process applicants with a valid U.S. Social Security number, while RentSpree has applicants give an SSN or ITIN for TransUnion's identity check. If a landlord's online application rejects your ITIN, ask for a manual review instead.
Sources: SmartMove's renter FAQ and RentSpree's help center. In Minnesota, a landlord who uses a service that can't take an ITIN still can't deny you solely for using one.
If you have little or no U.S. credit history, offer the landlord alternative documentation: 12 months of on-time payment receipts (previous rent, utilities, phone), bank statements showing consistent income deposits, and employer verification. Many private landlords will accept this package in lieu of a traditional credit score. For more on building a credit file, see how to build credit with an ITIN.
How Do You File a Discrimination Complaint?
If a landlord refuses your ITIN, raises your deposit, or illegally asks about immigration status, file a complaint in 4 steps: document everything in writing, file with HUD at hud.gov or 1-800-669-9777 within 1 year of the act, contact your state fair housing agency, and talk to a legal aid attorney — many offer help at no cost.
- 1Document everything. Save all written communication — emails, texts, application rejections. Note the date and what was said in any verbal exchange.
- 2File with HUD. Submit a complaint at hud.gov or call 1-800-669-9777. You have one year from the discriminatory act to file.
- 3Contact your state agency. Most states have their own fair housing agency with faster processes. Search "[your state] fair housing complaint."
- 4Talk to a legal aid attorney. Most major cities have nonprofit immigration legal aid organizations that handle housing discrimination at no cost. This is free and does not require you to reveal your immigration status to the government.
What Practical Tips Help You Avoid Problems?
Knowing your rights is one thing; navigating smoothly is another. These 4 approaches reduce friction: apply to private individual landlords first, lead with a strong income-to-rent ratio of 3x monthly rent, bring a complete document packet, and offer extra prepaid rent only where your state allows it, since New York caps any deposit or advance at 1 month's rent.
- Apply to private individual landlords first. They have more flexibility than large property management companies, which often use automated systems that default to requiring an SSN.
- Lead with your income, not your documentation. A strong income-to-rent ratio (3× monthly rent in gross income) addresses the landlord's real concern. Documents come second.
- Bring a complete packet. See our full renting guide for the exact document list to bring to an application.
- Offer prepaid rent only where it's legal. For landlords unfamiliar with ITIN, prepaid rent reduces their perceived risk, but New York caps any deposit or advance at 1 month's rent and California counts advance rent beyond the first month toward its 1-month deposit cap.
Frequently Asked Questions
Can a landlord legally require a Social Security Number?
Not under federal law, but in most states a landlord may still ask for one. Minnesota requires rental applications to offer an ITIN option and bars denying an applicant solely for using one. Anywhere, requiring an SSN only from applicants of certain national origins can violate the Fair Housing Act, and New York City treats refusing alternatives to an SSN as possible pretext for discrimination.
Can a landlord ask about my immigration status?
It depends on where you live. California and Colorado bar landlords from asking about immigration status, Illinois lets them ask only where state or federal law requires it, and New York City bars requiring immigration documents. Illinois, Washington and New York City also bar housing discrimination based on immigration status. Federal law doesn't list immigration status as a protected class, but using it as a stand-in for national origin can be illegal.
What can a landlord legally ask for?
A landlord can ask for government-issued photo ID, proof of income, proof of address, consent for a credit or background check, and references from previous landlords. Whether the screening works with your ITIN depends on the service; TransUnion SmartMove says it needs a valid SSN.
What do I do if a landlord refuses my ITIN?
Document the refusal in writing. File a complaint with HUD (hud.gov) or your local fair housing agency within one year. You can also contact a local legal aid organization — this is free and confidential. In the meantime, focus on private individual landlords rather than large property management companies.
Does the Fair Housing Act protect undocumented immigrants?
Yes, against national-origin discrimination. The Act bars making housing unavailable to "any person" because of national origin, and it has no lawful-status requirement, so an undocumented tenant can file a HUD complaint. Immigration status itself isn't on the federal list of protected classes; some states and cities add it.