Okay, lets talk about the FCRA and how it impacts landlords when theyre screening potential tenants.
FCRA for Landlords: Legal Tenant Screening - managed service new york
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The FCRA, or the Fair Credit Reporting Act, is basically a federal law thats designed to protect consumers privacy and ensure the accuracy of information used in credit reports.
FCRA for Landlords: Legal Tenant Screening - managed service new york
When you, as a landlord, pull a credit report (or a background check, which often includes credit information) on a potential tenant, youre considered a "user" of consumer reports under the FCRA.
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One of the biggest things the FCRA requires is that you get the applicants written consent before you run any kind of credit or background check. You cant just sneakily pull their credit report without them knowing (thats a big no-no). You need to be upfront and tell them exactly what youre going to do, and they need to sign off on it. This consent is usually part of the rental application itself.

Now, heres where it gets really important: If you decide to deny an application, or take any “adverse action” (like requiring a higher security deposit) based on information you found in the credit report or background check, you absolutely must provide whats called an "adverse action notice." This notice tells the applicant why they were denied, gives them the name, address, and phone number of the credit reporting agency that provided the information, and informs them of their right to get a free copy of their report and to dispute any inaccuracies.
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The FCRA also says you have to be careful about how you handle the information you get. You cant just share someones credit report with your friends or leave it lying around for anyone to see.
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In short, the FCRA is there to make sure landlords are fair and transparent when they use credit reports to make renting decisions.
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FCRA for Landlords: Legal Tenant Screening - managed service new york
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