FCRA and tenant screenings vs employment screenings

[rlrl]

What is the name of your state? NY.

Someone just told me that FCRA (the laws that govern the use of Consumer Reports for tenant/employment screenings) laws do apply to landlords in that they are required by law to obtain the Consumer's authorization in writing so that a Consumer Report can be made for the purposes of credit/background checking; however I was told that FCRA laws do not apply to landlords checking criminal backgrounds as they apply to employers

Does anyone know what this means?

 

[JETX]

Someone just told me that FCRA (the laws that govern the use of Consumer Reports for tenant/employment screenings) laws do apply to landlords in that they are required by law to obtain the Consumer's authorization in writing so that a Consumer Report can be made for the purposes of credit/background checking

That is correct... and the reason that most lease applications include your permission.

however I was told that FCRA laws do not apply to landlords checking criminal backgrounds as they apply to employers

HUH??? If you sign the lease allowing the landlord to check your history, it can include a criminal check.

Does anyone know what this means?

Nope. I can't figure out what the hell you are talking about. You can read the full FCRA as it applies to your credit information at:
http://www4.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_41_20_III.html

 

[rlrl]

I have a violation...

conviction on my record that is 10 years old. The offense took place in NY and is considered a non-criminal offense. As opposed to a criminal conviction, it's supposed to be considered "adverse information" because it's only a violation

When it comes to background checks, I have always understood that if the employer/landlord obtains the record without using a reporting company, there are no reporting restrictions (such as 7 year rules, etc)

I have also understood that if the employer/landlord uses a reporting company,(CRA), the CRA has to follow applicable state or federal laws that may restrict reporting. Many states that do not have FCRA laws of their own use the federal FCRA laws which limit arrest information and adverse information to be reported for 7 years(unless you will be earning $75,000 or more), except for criminal convictions which can be reported with no time limit

According to this person, my violation conviction is considered adverse info and is older than 7 years so(under the federal fcra) it's not supposed to be reported to an employer unless my annual salary will be $75,000 or more. this would be in the event that the employer used a CRA to obtain the info, the CRA would not be able to report the violation unless i was to make $75,000 or more

however this same person is telling me that a landlord has to follow FCRA rules by obtaining the applicant's consent to background check,like an employer does, but that the FCRA does not apply to criminal checks done by LANDLORDS, so the violation CAN be reported to a landlord, they tell me

I have checked the FCRA text and i don't see any distinction made between employers and landlords

Any ideas on what the difference may be?

Thanks

RL

 

[moburkes]

Who is this person giving you this information, and did you read up on the FCRA yourself to find out if it is true?

 

[rlrl]

This guy...

works for a CRA in NY. he has given me accurate info in the past but this time is the only time i didn't understand him. he e mailed me so i e mailed him back. I probably will talk to him later this week but i thought I'd just see if anyone here knew anything about this.I read the text of the FCRA but i don't s ee anything there about landlords

 

[JETX]

conviction on my record that is 10 years old. The offense took place in NY and is considered a non-criminal offense. As opposed to a criminal conviction, it's supposed to be considered "adverse information" because it's only a violation

As to the creditor record, it makes no difference whether it is a conviction or an 'adverse information'.

When it comes to background checks, I have always understood that if the employer/landlord obtains the record without using a reporting company, there are no reporting restrictions (such as 7 year rules, etc)

You're not correct.

I have also understood that if the employer/landlord uses a reporting company,(CRA), the CRA has to follow applicable state or federal laws that may restrict reporting. Many states that do not have FCRA laws of their own use the federal FCRA laws which limit arrest information and adverse information to be reported for 7 years(unless you will be earning $75,000 or more), except for criminal convictions which can be reported with no time limit

Again... you are NOT correct.

According to this person, my violation conviction is considered adverse info and is older than 7 years so(under the federal fcra) it's not supposed to be reported to an employer unless my annual salary will be $75,000 or more. this would be in the event that the employer used a CRA to obtain the info, the CRA would not be able to report the violation unless i was to make $75,000 or more

And again... you are not correct.


however this same person is telling me that a landlord has to follow FCRA rules by obtaining the applicant's consent to background check,like an employer does, but that the FCRA does not apply to criminal checks done by LANDLORDS, so the violation CAN be reported to a landlord, they tell me

I have checked the FCRA text and i don't see any distinction made between employers and landlords

Any ideas on what the difference may be?[/quote]
No.... because there isn't any.

If you had taken the time to actually read.... and not just whine, you would have found that:
(a) Information excluded from consumer reports
Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:
(1) Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.
(2) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.
(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.
(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.