Probe launched into B.C. landlords' demands for sensitive information
Office of the Information and Privacy Commissioner concerned about how tenants' records are used
As competition heats up for rental housing in B.C., landlords are asking potential tenants to provide a raft of inappropriate documentation — everything from SIN numbers to medical data.
In response, the province's Office of the Information and Privacy Commissioner has opened an investigation into the information requested by landlords, and how that information is being used.
"We've seen cases, for instance, where landlords are looking to confirm employment and confirm income for ability to pay, but they're asking for unredacted copies of an employee's T4 slip," said Drew McArthur, acting information and privacy commissioner.
"That's not appropriate. A landlord doesn't need all that information."
ID and proof of employment are enough
There's a power imbalance between landlords and tenants, where potential renters feel pressured to provide more information than necessary, according to McArthur. That's especially true in places like Victoria and Vancouver, where vacancy rates remain very low.
Before a rental agreement is signed, tenants aren't protected by the Residential Tenancy Branch, and their only recourse for dealing with intrusive requests is to call McArthur's office.
He explained that unless someone is applying to rent in a subsidized building or housing meant specifically for people with disabilities, the only information landlords need is proof of identification and, possibly, proof of income.
That means a driver's licence and a note from an employer should suffice. Even a credit check isn't really acceptable, according to McArthur, because having multiple potential landlords pulling records could damage a tenant's credit rating.
At the same time, McArthur is concerned about what could happen to sensitive information if renters are applying to live in multiple places.
"Landlords should be destroying that information as soon as they rent the apartment and don't rent it to you. Your information shouldn't be kept," he said.
'Tenants are desperate'
According to Andrew Sakamoto of the Tenant Resource and Advisory Centre, it's very common for landlords to ask for sensitive personal records.
"Even on a personal level, when I've looked for housing, the majority of the applications look for information that they shouldn't be asking for," he said.
He said he welcomed the investigation, and hoped it would bring about change.
"I think one of the big issues here is that we're facing a rental housing crisis in B.C. With vacancy rates so low, tenants are desperate, so they're willing to sacrifice their privacy rights," Sakamoto said.
"With landlords having so much competition for housing, they're able to ask these questions and know that tenants will be willing to answer them."
McArthur expects the investigation will take several months to complete. His office has already reached out to several landlords and property management companies to see what information they ask for and how they handle it.
The ultimate goal, he added, is for tenants to be better informed about their rights and for landlords to understand the limits of their power.