FCRA Notices & Forms – Residential
Resources to help property owners and managers understand important Fair Credit Reporting Act requirements when using consumer reports for residential screening.
Tenant screening reports can include credit information, rental history, criminal history and other consumer-report information. When property professionals obtain and use these reports, the federal Fair Credit Reporting Act (FCRA) applies, along with any applicable state and local requirements.
POEknows provides the forms and resources below as a convenient starting point for clients using consumer reports to evaluate prospective residents.
Resident Screening & the FCRA
Property owners and managers should establish procedures for obtaining tenant-screening reports, evaluating screening information consistently and providing required notices when a consumer report affects a leasing decision.
Permissible Purpose
Tenant screening is a permissible purpose under the FCRA. Property owners and managers should obtain consumer reports only for an appropriate residential screening purpose.
Review the Report
Evaluate consumer-report information according to your established resident-selection criteria and applicable federal, state and local requirements.
Adverse Action
If information in a consumer report contributes to an adverse leasing decision, the applicant must receive the required adverse-action notice.
Residential FCRA Forms & Notices
Use the resources below to access commonly used forms and notices related to residential screening and consumer reports.
Summary of Consumer Rights
Information explaining a consumer’s rights under the Fair Credit Reporting Act.
Consumer Report Authorization & Disclosure
Residential screening authorization and disclosure documentation for use when obtaining consumer-report information.
Adverse Action – Denial Letter
A notice for situations in which a residential application is denied based in whole or in part on information contained in a consumer report.
Adverse Action – Change in Conditions
A notice for situations in which consumer-report information results in different rental terms or conditions rather than outright denial.
Notice to Users of Consumer Reports
Information concerning responsibilities of organizations that obtain and use consumer reports.
Notice to Furnishers of Information
Information concerning responsibilities associated with furnishing information to consumer reporting agencies.
What Counts as Adverse Action?
In residential screening, adverse action isn’t limited to denying an application. Depending on the circumstances, it can include approving an applicant on less favorable terms because of information contained in a tenant-screening report.
Examples can include requiring a higher security deposit, charging higher rent, requiring a co-signer or taking another less favorable action based in whole or in part on consumer-report information.
When adverse action occurs, property professionals should follow applicable FCRA notice requirements.
Resident Screening Best Practices
- Use consumer reports only for a permissible residential purpose.
- Establish written resident-selection criteria.
- Apply screening criteria consistently.
- Review consumer-report information carefully.
- Provide required adverse-action notices.
- Protect sensitive applicant information.
- Review applicable federal, state and local requirements.
Current FCRA Information
Property professionals should use current government resources and appropriate professional or legal guidance when establishing or reviewing residential screening procedures.
Questions About Resident Screening?
Talk with POEknows about tenant screening reports, residential screening services and the resources available for your properties.
