Your Rights During Tenant Screening and Background Checks

A landlord can check your credit, eviction and rental history, criminal record, and income when you apply, and can turn you down based on what it finds, as long as it does not treat you differently because of race, color, national origin, religion, sex, familial status, or disability. If a screening report plays any part in a denial, or in a demand for a cosigner, a larger deposit, or higher rent, federal law requires the landlord to give you an adverse action notice that names the company that supplied the report. You then have 60 days to get a free copy of that report, and you can dispute anything in it that is wrong. Some states and cities also cap application fees and limit how far back a landlord can look at criminal and eviction records.

What can a landlord check when you apply?

Once you apply to rent or renew a lease, federal law lets a landlord order a consumer report on you, meaning a report from a consumer reporting agency such as a credit bureau or a tenant screening company. The landlord must certify to the company that it will use the report only for housing. A typical screening covers:

• Your credit report, and often a credit score
• Eviction court records and past rental payment history
• A criminal background check
• Income, employment, and references from past landlords

Fair housing protections against rental discrimination explains how the federally protected traits apply to screening and how to report a violation. California and New York bar discrimination based on source of income, so a landlord there cannot turn you away because you pay with a housing voucher or public benefits, and a California landlord must let you verify income that does not come from a job. Colorado bars a landlord from requiring annual income above twice the annual rent, or twice your share of the rent if a housing subsidy pays part of it, and a landlord screening a subsidized applicant generally cannot consider a credit score, adverse credit events, or the lack of a credit score unless federal law requires it.

See what to expect in the rental application process and, for the rights that start once you move in, your basic rights as a tenant.

What can a landlord charge you to apply?

State law decides how much a landlord can charge. These three states show the range:

In other states, check the attorney general's or consumer protection office's tenant guide before you pay.

If a screening report leads to a denial

A landlord takes adverse action when, because of something in a report, it denies your application or approves you on worse terms: requiring a cosigner, a deposit other applicants do not pay, a larger deposit, or higher rent. The notice can be oral, written, or electronic, and it must give you:

1. The name, address, and phone number of the company that supplied the report.
2. A statement that the company did not make the decision and cannot explain why it was made.
3. Notice of your right to a free copy of the report if you ask the company within 60 days, and of your right to dispute information that is inaccurate or incomplete.

If the landlord used a credit score, it must also give you, in writing or electronically, the score, the range of possible scores, and the key factors that lowered it. Ask the landlord which item in the report caused the problem; the Consumer Financial Protection Bureau (CFPB) suggests this so you can explain it, for example by showing a canceled check for a debt the report lists as unpaid.

How do you get your report and fix errors?

1. Request your free copy from the company named in the notice within 60 days. You can also ask the landlord for the copy it received.
2. Check every item for records that belong to someone else, debts you paid, court cases missing their outcome, and records older than the limits below.
3. Dispute errors in writing with the screening company. It generally has 30 days to investigate, or 45 days in some cases, and some states set shorter deadlines. If the report includes a credit report from a nationwide credit bureau, you can dispute with that bureau, with the company that supplied the information, or with both.
4. Send the corrected report to the landlord and ask it to reconsider your application.
5. Escalate if a real error is not fixed. File a complaint with the CFPB online or at (855) 411-2372. You may also be able to sue under the federal Fair Credit Reporting Act or state law for damages and attorney's fees; filing deadlines apply.

If you think the denial was based on a protected trait rather than the report, you can also file a discrimination complaint with the U.S. Department of Housing and Urban Development (HUD).

Limits on criminal and eviction records

Under federal law, a screening company generally cannot report an arrest, an eviction lawsuit, or a civil judgment (a court order to pay money) that is more than 7 years old, although a judgment can be reported longer if your state allows more time to collect it. Federal law sets no age limit for reporting a criminal conviction. Some states and cities set tighter limits:

In New York City, report a violation to the Commission on Human Rights at 212-416-0197. A New York landlord that rejects you over housing court history can be fined $500 to $1,000 after a complaint to the state attorney general.

An eviction case can show up in screening reports for years after it ends. See sealing or expunging eviction records and how an eviction affects your credit score and rental history.