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12-22-2006, 04:46 PM
Prospective Renter Finds Background Questions Too Close for Comfort
By Sara Gebhardt
Saturday, December 23, 2006

Q: I have been trying to rent an apartment. I have been taken aback by the information requested on application forms. I would like to know what information landlords have the right to acquire, what information it is prudent to provide, and what responsibility landlords bear to keep this information secure?

In this age of identity theft, I am concerned about providing date of birth and Social Security number, but I presume these are necessary for financial and criminal background checks. I have been asked current employer/income, and past employer/income, which also are not surprising.

However, I have also been asked marital status, driver's license number, bank account numbers, credit card numbers and "relative" and "non-relative" reference contact information. This seems like a lot of unnecessary personal information that could leave me vulnerable to theft by fraud. -- Washington

A: There are good reasons landlords require personal information from prospective tenants. While identity theft is a serious issue and one that everyone should remember when disclosing personal information, landlords who ask for such information do so for background checks and income verification.

In general, housing providers request personal data to decide who they want as tenants. They try to evaluate the risks to the rental property and to its existing residents.

"Personal identifiers such as Social Security numbers and dates of birth help positively distinguish among applicants with common names between those that have a criminal history and those that do not," said Nevel DeHart, executive vice president for Rockville-based First Advantage SafeRent, a company that helps landlords screen apartment candidates.

"Also, applicants may have multiple driver's licenses in multiple states; thus, a housing provider will need to know all names and aliases in order to conduct an accurate search for poor driving history in another state that may be under another name," DeHart said.

State and federal laws govern the kinds of information landlords can request. Laws applicable in the Washington area limit the purposes for which personal data may be used, require housing providers to safeguard personal data they obtain, mandate steps in the disposal of any personal data and require disclosure to affected consumers if security of personal data is breached.

Because of such protections, it is usually okay to provide your prospective landlord with the data. That will also ensure that your application is given full consideration.

If you believe that requests for certain pieces of information are going too far, you should simply ask the housing provider what the data will be used for and what safeguards will be taken.

Questions about "relative" and "non-relative" references may be a way for landlords to objectively evaluate a glowing reference. Bank information also might help landlords set up automated rent payments or payments from credit cards. Additional questions about past income, assets and even family status allow buildings that participate in subsidy programs to verify that your tenancy will comply with rules.

If you are unsure why landlords need the information they seek, or if you are unwilling to give out this information, discuss your concerns with your prospective landlord. If you have doubts whether a particular landlord will follow the laws and protect your privacy, then you should continue looking for someone who understands these worries and makes you feel at ease throughout the application process.

We live in a full-service building with a concierge and are wondering about tipping at the holidays. I want to give New Year's recognition to at least three people who alternate shifts in my building because we have contact with all of them. How much is considered a normal holiday thank-you for the year? What about maintenance staff? -- Arlington

Your gift will depend on what the staff does for you and how much you want to recognize their work. Just as you would give gifts to a boss or an employee, you will have to evaluate the situation and decide what you think is appropriate.

If you have a personal relationship with your maintenance workers as you do with your concierges, then include them in the gift giving. Showing that you respect them and consider their work important will probably also work in your favor in the long run, should you ever need special attention or help in your apartment complex.

Considering you may have multiple people you want to give to, you need not spend a ton of money. Baked goods or other homemade treats, flowers or gift cards of modest amounts to local establishments are good bets for gifts, even for people living in full-service buildings.

I have an unusual situation. My roommate and I paid our rent for November with checks. By the time we paid this month's rent, our November checks still had not cleared. Yesterday we got a note from the apartment manager that said "due to an error by the bank" our checks had been destroyed and we need to stop payment on the checks and reissue checks for rent.

The management company will reimburse us for our stop-payment with a deduction in our January rent.

Are my roommate and I responsible for reissuing our rent checks, since our apartment manager has acknowledged we turned them in on time and that it's the bank's fault for the check's destruction? Isn't their case with the bank and not their tenants?

I know I probably will end up having to reissue rent but I'm wondering if my roommate and I are actually doing the company a favor by simply rewriting the checks instead of making it fight with the bank over liability. If we are doing them a favor, perhaps I can ask for a concession such as not raising my rent when my lease is up in May.

Sure, you are doing your apartment manager a favor by rewriting your rent checks, but I don't know why it is such a big problem. If the company will reimburse any costs you incur, including fees for stopping payment, then you will not be affected beyond a bit of inconvenience. People make mistakes, including landlords and bank workers. Because these mistakes do not really hurt you, you should just give your landlord a pass.

Still, if you are deeply perturbed by the situation, you may try to use it as a point of negotiation. It is unclear, however, that your landlord will be receptive to your attempt, since the apartment company is already taking steps to accommodate you.

You could simply have a pleasant conversation with your apartment manager about it all and suggest that you are suspicious about why you must reissue the checks since the bank is at fault. And then ask if your willingness to help the company out of what might be a tough spot will reflect favorably on you when your lease comes up for renewal. If the answer is yes, try to get the agreement in writing, just in case the situation is forgotten when May rolls around.

Do you have questions, comments or ideas about apartment life? Contact Sara Gebhardt via e-mail ataptlife@gmail.comor by mail, c/o Real Estate Editor, The Washington Post, 1150 15th St. NW, Washington, D.C. 20071.