Stick to the Script: Why You Should Never Ask for More Than What's on the BPOA Rental Application

When screening rental applicants, it can be tempting to dig deeper than the standard application form. Perhaps you're curious about what someone posts online, or you want to gain a better understanding of their lifestyle. But in California, and especially in Berkeley, stepping outside the boundaries of a standardized rental application is risky. It opens the door to Fair Housing violations, privacy complaints, and inconsistent screening practices that can lead to liability.

If you're using the BPOA rental application, you already have everything you need to legally and fairly evaluate a prospective tenant. If it's not on the form, there's probably a good reason.

What's Included in the BPOA Rental Application?

If you're using Intellirent through your BPOA Agent account, the application your tenants complete is already the correct BPOA version. We've worked with Intellirent to ensure that members' screening processes begin with the appropriate, legally compliant form, so you don’t need to create your own or modify it. BPOA provides two versions of its rental application:

• Fair Chance Ordinance-Covered Application for properties subject to Berkeley's ordinance prohibiting most criminal background inquiries.

• Exempt Properties Application for owner-occupied duplexes/triplexes, rooms for rent, or single-family homes not subject to the ordinance.

Both versions collect the essential information necessary for lawful and effective tenant screening:

• Personal identifying information (name, DOB, SSN, license)

• Names of additional occupants

• Employment history with income verification

• Rental history with contact information for landlords

• Vehicle information

• Credit and debt obligations

• Emergency contact information

Each version also includes an authorization to run credit and eviction reports, and to verify information with references.

What You Should Not Ask For

Landlords sometimes think more information means better protection, but in reality, asking for too much can be discriminatory, invasive, or outright illegal. Here are examples of common oversteps:

🚫 Social Media Accounts

There is no legitimate screening reason to require a tenant to submit their Instagram, Facebook, LinkedIn, or TikTok. It is irrelevant to their ability to pay rent or care for a unit.

• You may unintentionally judge someone based on protected characteristics.

• It invites privacy complaints and legal scrutiny.

• It is likely to be viewed as a Fair Housing violation.

🚫 Selfies or Photographs

Requesting a photograph can be interpreted as a pretext for racial or appearance-based discrimination. It is best practice to avoid this entirely.

🚫 "Selfie with ID" Requests

It might seem like a smart fraud prevention tactic, but asking applicants to take a photo of themselves holding their ID is risky:

• Fair Housing risk: You are forcing a visual review that can lead to implicit or explicit bias.

• Unnecessary: Screening services already verify identity through credit reports and background checks.

• Not industry standard: This is common in short-term rentals, not housing regulated by Fair Housing laws.

Instead, wait until the lease signing stage to verify photo ID in person, and use a screening service that includes fraud detection.

🚫 Personality Questionnaires or "Lifestyle Questions"

Asking whether someone is tidy, quiet, religious, political, or aligned with certain values is not only subjective, it's dangerous. It may violate Fair Housing laws and discourage otherwise qualified applicants.

🚫 Extra Financial Records

You are absolutely entitled to request documentation that supports the financial information provided on the rental application. In fact, the BPOA application already requires applicants to submit recent pay stubs, W-2s, and/or bank statements. If an applicant fails to provide complete documentation, or if clarification is needed about the source of funds, it’s appropriate to request additional evidence, especially to verify income or savings.

What you must not do, however, is discriminate based on the source of lawful income (for example, housing vouchers, student loans, or disability payments), or demand more documentation than is reasonable and relevant to your standard criteria.

Stick to asking for what helps you confirm their stated financial qualifications, not what makes you subjectively feel “comfortable.”