DENIED HOUSING DUE TO BACKGROUND CHECK – You May Have a Claim Under the FCRA and ICRAA
Being denied housing can be a frustrating experience, especially if it's due to errors in a background check. Many prospective tenants are unaware that they may have legal recourse under the Fair Credit Reporting Act (FCRA) if inaccurate or outdated criminal records were provided to their prospective landlord. The FCRA regulates how background screening companies handle and report criminal information, including to landlords. However, California residents may also find protection under the Investigative Consumer Reporting Agencies Act (ICRAA), which offers additional safeguards against improper background screening practices.
Criminal Record Reporting and the FCRA
Background screening companies can report certain criminal history to landlords. This includes non-conviction records (such as arrests) that are less than seven years old and criminal convictions, which can be reported indefinitely. However, the FCRA sets strict guidelines on the accuracy and timeliness of the information reported. Errors like mismatched criminal records, misclassified offenses, and reporting expunged or outdated records can give rise to legal claims under the FCRA.
For example, if a tenant screening report lists a criminal record that belongs to someone else due to “fuzzy matching” (a practice where names, partial birth dates, or other loosely related information are used to generate results), that error could significantly impact your chances of securing housing. This is especially common when background screeners rely on third-party data vendors or databases that are not regularly updated.
The ICRAA in California
In California, the ICRAA offers further protection for tenants facing erroneous or obsolete criminal record reporting. The ICRAA is similar to the FCRA but provides additional guidelines for investigative consumer reports (including background checks). In particular, the ICRAA ensures that screening companies follow stricter rules around accuracy and the timeliness of criminal record reporting. If you were denied housing based on outdated or incorrect information, you may have a claim under both the FCRA and the ICRAA.
Common Tenant Screening Errors Involving Criminal Records
Mismatched Reports: Criminal records belonging to someone with a similar name or partial match in birth date can be inaccurately attributed to you, leading to wrongful housing denial.
Incomplete or Misleading Criminal Status: Background screeners may report an arrest or charge but fail to update their records to reflect an acquittal or dismissal.
Misclassified Offenses: A misdemeanor may be wrongly classified as a felony, or minor offenses like traffic violations may appear as more serious criminal charges.
Duplicate Records: Sometimes, a single offense will be reported multiple times, making it appear as though you have a history of multiple incidents.
Reporting Expunged Records: Expunged or sealed criminal records are often mistakenly included in tenant screening reports. This violates both federal and state law, as these records should no longer be available for public viewing or reporting.
Obsolete Criminal Records: The FCRA prohibits reporting non-conviction criminal records that are more than seven years old, with limited exceptions like active warrants.
Background Screening Companies Are Responsible
Even if a tenant screening company does not directly maintain its own database and relies on third-party data vendors, it is still considered a "reseller" and must comply with the FCRA. This means the company is responsible for ensuring the accuracy of the information it provides to landlords. Failure to do so can result in serious legal liability.
Major tenant screening companies include:
Leasing Desk (RealPage, Inc.)
AppFolio, Inc.
TurboTenant
TransUnion Rental Screening Solutions
First Advantage
These companies are required to maintain accurate records and update them regularly to reflect changes in criminal proceedings. If they fail to do so, you have the right to dispute the information and seek damages.
R23 Law’s California Background Check Violation Lawyers Can Protect Your Rights
If you believe you've been wrongfully denied housing due to errors in your background check, R23 Law’s California Background Check Violation Lawyers can help. We specialize in consumer protection cases under both the FCRA and ICRAA and have experience holding tenant screening companies accountable for errors in their reports.
Contact us today for a free consultation and to learn more about your legal options.
