FCRA Tenant Background Checks – Compliance and Forms

EvictionRecords.com provides FCRA tenant background checks and you must comply with the federal Fair Credit Reporting Act (FCRA). https://www.ftc.gov/

The FCRA governs consumer reports requested for a tenant application to rent a dwelling and for employment purposes. State laws may impose additional requirements. You should consult with attorneys in the states in which you operate and in which your applicants/employees reside in order to determine whether any such additional requirements apply.

These guidelines apply to consumer reports, as defined in the FCRA. You may also find information at the Federal Trade Commission’s website,
https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know.

The FCRA requires prior written authorization from the applicant or employee, and certain disclosures to the applicant or employee. The following is a sample tenancy authorization and consent form that you may use or you may create a form of your own.  Whether you choose to use this form or another one, your tenant applicants and/or employment applicants must give you written permission to perform FCRA tenant background checks or employment background searches.

If a tenancy adverse action is proposed to be taken based in whole or in part on the FCRA tenant background check report, you must comply with FCRA including, providing the person with a copy of the report and a summary of the person’s rights under the FCRA before the adverse action is taken; and after the tenancy adverse action is taken, notify the person of the adverse action and include the notices to the person required by the FCRA.

If FCRA tenant background checks are ordered for an applicant/employee for any tenant or employment related purpose; and a record or records get returned from the order that is likely to have adverse actions against the applicant/employee, we require you (the landlord/employer) email us at service@EvictionRecords.com to request that we further research the record. If the record is a instant criminal record then you must order a non-instant county criminal record search to ensure the information discovered is both accurate and current. All customers should consult local, state and federal laws before any adverse action is taken against an applicant or employee.

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