When should landlords waive background checks to support Undocumented Immigrants?

Flipper/Rehabber · Bloomfield CT · Member since 2020 · 1k+ posts · 408 votes

When should landlords waive background checks to support Undocumented Immigrants as I am unaware of services that will produce say a criminal background check outside of the United States?

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Palmer Thomas

Member since 2015 · 54 posts · 88 votes

Didn't they already fail the criminal background check just by being an illegal immigrant?

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Carini Rochester
Investor · Rochester, NY · Member since 2016 · 576 posts · 358 votes
2y
Absolutely anytime said landlord wants to take on the additional risk.
3 Reply
Gustavo Delgado
Houston, TX · Member since 2015 · 261 posts · 170 votes
2y
Man, you are just asking for problems. Never skip your due diligence OR I would charge the biggest deposit allowed in you state.
5 Reply
Palmer Thomas
Member since 2015 · 54 posts · 88 votes
2y
Didn't they already fail the criminal background check just by being an illegal immigrant?
18 Reply
Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
2y
First off, how do you know if someone is undocumented. Just because someone does not have a social security number does not mean they are undocumented. I know many who do not have a social security number and they are not undocumented.
You do a background check on everyone and anyone.
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James McGovern
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Flipper/Rehabber · Bloomfield CT · Member since 2020 · 1k+ posts · 408 votes
2y
Quote from @Palmer Thomas:

Didn't they already fail the criminal background check just by being an illegal immigrant?

Undocumented immigrants often won't have any government issued IDs so it is a defacto fail.
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Andrew SyriosPro Member
Moderator
Residential Real Estate Investor · Kansas City, MO · Member since 2014 · 10k+ posts · 5k+ votes
2y
Are you being serious right now?
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Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
2y
Quote from @James McGovern:

When should landlords waive background checks to support Undocumented Immigrants as I am unaware of services that will produce say a criminal background check outside of the United States?
Sounds like you're discriminating against US citizens by requiring a background check for them, but not illegals. I'm going to have to report you to HUD.
11 Reply
Mike BourgeoisPro Member
Rental Property Investor · MA & NH · Member since 2018 · 25 posts · 17 votes
2y
@James McGovern if I can assume by "undocumented immigrant" you're talking about someone who entered the country illegally, he/she would not be considered part of a protected class under federal / state Fair Housing laws. The landlord would be putting themself at risk by failing to apply consistent approval criteria for their rental applicants, which is what Fair Housing law is all about.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
2y
Always apply the same standard to all applicants. If you aren't requiring background checks for someone simply because they aren't a citizen, then you shouldn't require them for people claiming to be citizens.
Treat all people equally.
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Malvern Zimmerman
Homeowner · Federalsburg, MD · Member since 2024 · 9 posts · 9 votes
2y
Why in the world would you give undocumented immigrants a pass on a background check if you require it for everyone else?? The very fact that they are undocumented indicates that they already broke the law. If you think every undocumented immigrant came to US to simply provide a better life for their family, I'm afraid you're mistaken.
Giving a pass on background checks is opening yourself to ANYONE.
7 Reply
Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
2y
This post doesn't pass the sniff test. Do you want to tell us what your post is really about?
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James Hamling
Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
2y
So @James McGovern your saying when is it good to deploy a discriminative procedure for applicant's?
Never comes to mind....
3 Reply
James McGovern
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Flipper/Rehabber · Bloomfield CT · Member since 2020 · 1k+ posts · 408 votes
2y
Quote from @Chris Seveney:

I know many who do not have a social security number and they are not undocumented.
You do a background check on everyone and anyone.
Every american is assigned a SSN at birth. I know of no reason why anyone who is here legally would not have a social security number. I hope you can make me smarter in this regard.
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Samuel CoronadoPro Member
Investor · Huntsville, AL · Member since 2016 · 347 posts · 181 votes
2y
Quote from @Chris Seveney:

First off, how do you know if someone is undocumented. Just because someone does not have a social security number does not mean they are undocumented. I know many who do not have a social security number and they are not undocumented.
You do a background check on everyone and anyone.

Do you put ITINs in instead of SSNs for background checks? Seriously asking because I've never ran across it before.
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James Hamling
Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
2y
Quote from @James McGovern:

Quote from @Chris Seveney:

I know many who do not have a social security number and they are not undocumented.
You do a background check on everyone and anyone.
Every american is assigned a SSN at birth. I know of no reason why anyone who is here legally would not have a social security number. I hope you can make me smarter in this regard.

Aaaa, how about LEGAL immigration. There is whole laundry list of visa's one could have, none of which give you a SSN.
2 Reply
James Hamling
Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
2y
Quote from @Samuel Coronado:

Quote from @Chris Seveney:

First off, how do you know if someone is undocumented. Just because someone does not have a social security number does not mean they are undocumented. I know many who do not have a social security number and they are not undocumented.
You do a background check on everyone and anyone.

Do you put ITINs in instead of SSNs for background checks? Seriously asking because I've never ran across it before.

Depends.
I have had ITIN's work but it's my understanding it still only show's US things.
So when I have someone coming from, say most recent was Brazil, I ask for supporting documentation from his home country. Than trick is translating Portuguese, lol.
And if with visa, they have had some kind of sponsor for that especially if coming for work, so can get some documentation from that of being cleared etc..
So if you are still uncertain, could just make a lease with employer and give that employer rights to sublet to the person, thus your lease is with employer and there on hook to you, and they can deal with the person and all that liability.
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Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
2y
Quote from @James McGovern:

Quote from @Chris Seveney:

I know many who do not have a social security number and they are not undocumented.
You do a background check on everyone and anyone.
Every american is assigned a SSN at birth. I know of no reason why anyone who is here legally would not have a social security number. I hope you can make me smarter in this regard.

This is a newer policy. Not sure it went into effect but is was after my younger brother’s birth. There are also people on visas. Vacationers.
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Debra Cheney
Los Angeles, CA · Member since 2015 · 8 posts · 2 votes
2y
Quote from @James McGovern:

Quote from @Chris Seveney:

I know many who do not have a social security number and they are not undocumented.
You do a background check on everyone and anyone.
Every american is assigned a SSN at birth. I know of no reason why anyone who is here legally would not have a social security number. I hope you can make me smarter in this regard.
this is not correct -- a person, or parents of a minor, have to apply for the Soc Security card number. The government does not assign anything at birth.
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Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
2y
Quote from @Debra Cheney:

Quote from @James McGovern:
Every american is assigned a SSN at birth. I know of no reason why anyone who is here legally would not have a social security number. I hope you can make me smarter in this regard.
this is not correct -- a person, or parents of a minor, have to apply for the Soc Security card number. The government does not assign anything at birth.
It appears that if you give birth at a hospital, when filing out the birth certificate info, there is a box to check to apply for a SSN at the same time. So not automatic at birth, but damn near close to it.
1 Reply
James Hamling
Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
2y
Quote from @Greg M.:

Quote from @Debra Cheney:

Quote from @James McGovern:
Every american is assigned a SSN at birth. I know of no reason why anyone who is here legally would not have a social security number. I hope you can make me smarter in this regard.
this is not correct -- a person, or parents of a minor, have to apply for the Soc Security card number. The government does not assign anything at birth.
It appears that if you give birth at a hospital, when filing out the birth certificate info, there is a box to check to apply for a SSN at the same time. So not automatic at birth, but damn near close to it.

Huh, no kidding......
For each of my kid's I was so exhausted and out of it I just signed whatever they jammed in front of my face, must have done it then because I never did it later. Who knows, maybe I donated a kidney when I was at it, IDK.....
1 Reply
James McGovern
OP
Flipper/Rehabber · Bloomfield CT · Member since 2020 · 1k+ posts · 408 votes
2y
Quote from @Malvern Zimmerman:

Why in the world would you give undocumented immigrants a pass on a background check if you require it for everyone else??
Most background check services provide insights on people who have lived in the United States most of their lives. I am unaware of a service that searches internationally.
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