The landlord I represent is requiring that all applicants provide to her a photocopy of federal- or state-issued identification that includes a picture. Is that permissible?

 

This question raises two issues. The first is that it is a violation of federal law to photocopy federal credentials. As a real estate licensee, you may ask to see the credentials and jot down the relevant information to verify identity, but you cannot make a copy. The second issue relates to fair housing. We strongly recommend that you do not provide landlords with copies of applicants’ photo IDs. While there is no law preventing you from doing this, it could raise fair housing flags. When representing a landlord, your role is to find the most qualified applicant based on written criteria provided by the landlord. The applicant’s name and likeness are not relevant to the decision making process.

Commercial Council