The last two companies I worked for told us that we could not do the following:
1) ask for banking information on a rental application and
2) make copies of Drivers License and/or Social Security Card... until the move-in date.
I am now working for a company who does both of these things.... so I am not sure if there are laws regarding these, or if it is just a matter of company policy, anybody know???
I am also in California, and banking information is a MUST for tax credit properties in determining and documenting income and assets. You do not need account numbers, just bank name and balances (current for checking, 6 month average for savings). If you are conventional/market, and your applicant is on direct deposit for his income, you can ask to see the bank statement that shows the deposits being made; you need to confirm the amount and the schedule.
As far as ID, I usually LOOK to confirm that the person I am running the credit/background check is INDEED who he says he is. I hold off on copying the ID until move in.
Do you not ask for ID before you show an apartment? We require it for safety. We want to know who we are going in vacant apartments with. Never to careful
Yes.... I always hold the ID during the tour.... but I'm talking about making copies. I understood that you don't make copies at the time of application, but that you wait until the day of move-in.
I've never heard of laws on these, maybe they exist, but more likely it's company policy.
As far as banking information, we always collected it. The only time we ever used it was to give to the collection company to help them trace skips. If you live in a garnishment state and have a judgement, you can also use it to collect on that I believe.
As for copying ID's...I've never done it. I've always been taught that keeping photos of your residents can get you into hot water for a Fair Housing violation...seeing someone's race or national origin via their photo gives way to discrimination. As far fetched as it could be, unfortunately there are people out there who would do such a thing.
We make a copy of the ID prior to them touring the community then we shred it when we return back to the office. At one time, we were keeping copies of the ids in their lease folders but there really is no point to this when you have already verified their information. As far as banking information, we do take that as well and it is asked on our applications. Many people question why they need to put their account number on the application and are fearful of doing this. I simply reassure them that checking account numbers are easily obtained just by looking at one of their checks. You would be surprised how many people are surprised by this. Although, I am not in California.
Several different states have different privacy laws, which you will need to check in your particular state. However, many states have adopted the law of privacy protection by denying the landlords to maintain copies of banking or idenity in resident files. You are allowed to review and verify them in the begining, but must discard immidiately.
Now, in the same note, many affordable housing agencies required that you verify and keep verification in the file for future audits to ensure complaince of the affordable housing program.