Fingerprinting And Self-Storage

Can New Renters Be Required To Provide A Fingerprint Sample?

By Tom Litton

A question about the legality of fingerprinting was recently posted in an online legal forum. A prospective renter wanted to rent a storage space at a California self-storage facility— until the manager requested the renter provide a thumbprint on the rental agreement as a condition of renting the space. A little upset by the request, the prospective renter refused to provide the fingerprint sample and the facility there by refused to rent the space.

Can a facility refuse to rent for this reason? The answer is yes, as long as the request is not based on discriminatory reasons or profiling. Profiling occurs when a certain type of renter is chosen and only those tenants matching the profile are fingerprinted. For example, it would be illegal to only fingerprint minorities. Basically, if the facility requires a fingerprint sample, the facility must uniformly ask every new renter to provide fingerprints.

Know The Law?

Do you fully understand the potential issues surrounding the locks you sell? Find the answers below 1. True or False? Managers cannot refuse to rent a unit to a customer who will not provide a fingerprint. True    False 2. True or False? Facilities should avoid renting to the homeless. True   False 3. True or False? Managers should ask every suspicious looking customer to provide a valid social security number before signing a rental agreement. True   False

The same issue arises with other business rules and practices. For instance, many ask if a self-storage facility can require a new tenant to provide a social security number as a condition to renting a space. Once again, the answer is yes, but a prospective renter can also choose not to rent from you.

In most cases, it is best to analyze the purpose behind establishing these kinds of rules or practices. Remember, your motivation must be based on logical, non-discriminatory grounds. For example, many potential renters would be reluctant to provide social security numbers due to the proliferation of identity theft. Does a self-storage facility have a solid business reason for requiring a social security number? Is the social security number ever used and if so, in what way? Is there liability in asking for information? Yes, in some instances, there would be liability if the data were to be compromised and the information used in identity theft or other crimes.

Another common problem that arises is homeless tenants. Can a self-storage facility refuse to rent to a homeless person? The short answer is no. A self-storage facility cannot   discriminate based on status. Status is also very hard to determine on its surface. While most self-storage managers may suspect that a prospective tenant is homeless, there is no real way to confirm their homelessness. If after renting to a homeless person their conduct becomes abusive, dangerous, or simply objectionable, the facility can eject them for their bad conduct, rather than status or disability. Looking at the American’s with Disabilities Act (ADA), it is illegal to discriminate against a renter simply because they have a mental disorder. Many homeless individuals suffer from mild to severe mental illnesses. Once again, if a homeless renter becomes a problem due to their conduct, you can evict them. However, it is important to note that managers cannot discriminate against them because of their status.

While screening is a vital part of daily operations, managers must always base their business practices on nondiscriminatory, rational, and standardized procedures. Laws are constantly changing, especially those regarding social security numbers and discrimination. When it doubt, it is always best to consult competent legal counsel before making changes or adding new practices to your facility’s daily operations.

This column contains legal information that is generalized to illustrate legal principles and laws, but should not be substituted for the advice of your own attorney.

Tom Litton is President of Lodi, California based Litton Property Management, Inc., and a frequent contributor to Self-Storage Now! and the Mini-Storage Messenger.