Check a tenant screening report against the Fair Credit Reporting Act
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the report used, the decision it influenced, and whether the applicant was told. Do not decide that a listing is allowed.
- What the lawyer must review
- The FTC's landlord guidance says a tenant background check is a consumer report. A landlord needs a permissible purpose, which includes an application or a renewal, must certify that the report will be used only for housing, and must give an adverse-action notice if the report played any part in a rejection, a higher deposit, a required co-signer, or another adverse action. The notice includes the agency's name, address, and phone, a statement that the agency did not make the decision, and the right to dispute the report and to a free copy if requested within 60 days. 15 U.S.C. § 1681m requires that notice orally, in writing, or electronically, and the same 60-day free-report right. Whether a tenancy database may list someone at all is state law.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.