Suggestions on how to handle denial of housing based in whole or in part on the information contained in Tenant Screening Report from Inquisitores Company:
- Tenant Screening Reports are “Consumer Reports” for purposes of the Fair Credit Reporting Act, 15 USC §1681a (“FCRA”).
- Landlords who do not follow the FCRA rules, their State Law, and the Local Law, if any, may be liable for Statutory Damages and Attorneys’ Fees and Costs.
- Landlords denying housing to an applicant based in whole or in part on the information contained in the Tenant Screening Report may do the following to limit their liability:
- Do NOT provide a copy of the Tenant Screening Report to an applicant. If you do provide a copy of the Tenant Screening Report to an applicant, you instantly and automatically open yourself to liability. We strongly suggest that you issue instead a FCRA Adverse Action Letter.
- The FCRA Adverse Action Letter should be sent within 5 business days to an applicant whose rental application you are denying based in whole or in part on the information contained in the Tenant Screening Report. This is a link to MS Word: Sample FCRA Adverse Action Letter.
- An applicant will be able to receive a free copy of his/her Tenant Screening Report from Inquisitores Company by contacting Inquisitores directly within 60 days of receipt of your FCRA Adverse Action Letter.
- If the applicant disputes accuracy of any information contained in the Tenant Screening Report, to ensure maximum possible accuracy, Inquisitores Company will conduct a reasonable investigation pursuant to 15 U.S. Code § 1681i.
- Do NOT provide a copy of the Tenant Screening Report to an applicant. If you do provide a copy of the Tenant Screening Report to an applicant, you instantly and automatically open yourself to liability. We strongly suggest that you issue instead a FCRA Adverse Action Letter.
This is not a legal advice, please consult an attorney.
