Tenant Screening Background Checks and Your Rights
Finding a place to live is one of the most important decisions a person can make—but what happens when your housing application is denied because of something in your background check? At Jaffer Law, we understand how devastating it can be to face rejection based on past information, especially when that information is incorrect, misleading, or unfairly reported.
Whether you’re applying for an apartment, a rental home, or a co-op, landlords and property managers often rely on tenant screening reports—which include background checks, credit reports, and eviction histories—to decide who gets approved. But what many tenants don’t realize is that the use of these reports is heavily regulated by federal law, particularly the Fair Credit Reporting Act (FCRA).
This article explains your legal rights, what landlords can and can’t do, and what steps you can take if you were denied housing due to a background check.
What Is a Tenant Background Check?
A tenant background check is typically part of a tenant screening report generated by a third-party Consumer Reporting Agency (CRA). These reports often include:
- Criminal history
- Eviction records
- Credit reports
- Employment verification
- Rental history
- Public records (like bankruptcies or judgments)
Landlords use this information to assess your “risk” as a tenant. But just because it’s in a report doesn’t mean it’s accurate—or that it should be used against you.
Your Rights Under the Fair Credit Reporting Act (FCRA)
The FCRA is a federal law that protects consumers from the misuse of background checks and credit reports. Under the FCRA, tenants have specific rights when background checks are used in housing decisions. These include:
1. The Right to Notice (Adverse Action Notice)
If a landlord denies your rental application due in whole or in part to information in a background check, they must provide you with an adverse action notice. This notice must include:
- The name, address, and phone number of the CRA that supplied the report
- A statement that the CRA did not make the decision and cannot explain why you were denied
- Notice of your right to a free copy of the report within 60 days
- Notice of your right to dispute inaccurate or incomplete information
Failure to provide this notice is a violation of the FCRA.
2. The Right to Dispute Inaccuracies
If your report contains incorrect or misleading information—such as an expunged record, a sealed case, or an eviction that never happened—you have the right to dispute the error. Once a dispute is submitted, the CRA must investigate and correct any inaccuracies within 30 days.
3. The Right to Consent
Before a landlord runs a background or credit check, you must provide written consent. If a landlord conducts a screening without your permission, that is a violation of your FCRA rights.
Common FCRA Violations in Housing Denials
At Jaffer Law, we frequently handle cases where tenant rights were violated. Common FCRA violations include:
- Denying housing without providing an adverse action notice
- Providing an outdated report (e.g., criminal charges more than seven years old in states where that’s not allowed)
- Reporting sealed or expunged criminal records
- Failing to remove disputed items after they’ve been proven inaccurate
- Mixing up your report with someone else’s with a similar name or Social Security number
- Running a background check without your consent
If any of these apply to you, you may have a strong legal claim under the FCRA.
State and Local Laws Also Offer Protections
In addition to federal laws like the FCRA, many states and cities have passed tenant protection laws. For example:
- California prohibits landlords from considering certain types of criminal history
- New York City passed the “Fair Chance for Housing Act,” which limits use of criminal records in rental decisions
- Cook County, Illinois (which includes Chicago) has a “Just Housing Amendment” that restricts use of criminal history
Even if your housing denial was based on legal access to information, it might still violate state or local housing discrimination laws.
What You Should Do If You’re Denied Housing
If you’ve been denied housing due to your background check, follow these steps:
Step 1: Request a Copy of the Report
Under the FCRA, you have the right to get a free copy of the report that led to your denial. Ask the landlord for the adverse action notice and the name of the CRA that prepared the report.
Step 2: Review the Report for Errors
Look for:
- Criminal records that don’t belong to you
- Outdated or expunged offenses
- Evictions that didn’t happen
- Incorrect credit information
Document anything that appears wrong, incomplete, or misleading.
Step 3: File a Dispute
Send a written dispute to the CRA that prepared the report. Include:
- Your personal information
- The details of the error
- Supporting documents (e.g., court records, letters from landlords, ID)
The CRA is required to investigate within 30 days and correct any errors.
Step 4: Contact an Attorney
If your rights under the FCRA were violated, or if the report was inaccurate and caused you harm, you may be entitled to:
- Statutory damages (up to $1,000 per violation)
- Actual damages (lost housing, emotional distress)
- Punitive damages
- Attorneys’ fees and costs
At Jaffer Law, we specialize in holding CRAs and landlords accountable when they violate your rights.
Real-Life Examples of Housing Background Check Violations
Case Study 1: Wrong Identity, Wrong Report
A young professional in Chicago was denied an apartment due to a criminal conviction—except it wasn’t hers. The CRA mixed up her report with another woman with the same name. She only found out after demanding a copy of the report. After filing a dispute and retaining legal counsel, she received a settlement and the record was corrected.
Case Study 2: Denial Without Notice
In Dallas, a single mother was turned away from a rental home. The landlord cited “application issues” but never disclosed that a background check had been used. With help from our consumer protection attorneys, she sued for failure to provide an adverse action notice and recovered damages.
What Makes Jaffer Law Different
At Jaffer Law, we fight for renters who’ve been wrongfully denied housing. Our experienced team understands both the technical requirements of the FCRA and the emotional toll that housing discrimination causes.
We offer:
- Free consultations for housing denial cases
- Aggressive representation at no upfront cost—we only get paid if you win
- Deep knowledge of both federal and state consumer laws
We’ve recovered compensation for hundreds of clients who were denied housing due to inaccurate, outdated, or illegally reported background checks.
Frequently Asked Questions
Can a landlord deny me based on a criminal record?
Yes, but the law limits how that information can be used. The FCRA requires the record to be accurate, up-to-date, and relevant. Some states restrict the use of old or non-violent convictions.
Can I sue if I was denied housing unfairly?
Yes. If your FCRA rights were violated or you suffered harm due to an inaccurate report, you may be able to sue the CRA, the background check company, or the landlord depending on the facts.
How long does a background check stay on file?
Most records fall off after 7 years, but this varies by state and the type of record. Some states prohibit reporting arrests that did not lead to conviction altogether.
How much can I recover in damages?
Damages under the FCRA vary. If the violation was willful, you can recover statutory damages up to $1,000 per violation, plus punitive damages. If you suffered actual harm (like losing housing), you may recover more.
Don’t Let a Bad Report Block Your Future
Being denied housing can feel like a dead end—but it doesn’t have to be. If you were turned away because of a background check, you have rights, and you deserve accountability.
Let Jaffer Law be your advocate. We’ll review your denial, analyze the report, and fight for justice under the Fair Credit Reporting Act.
You don’t have to go through this alone.
Contact Jaffer Law Today
If you’ve been denied housing based on a background check, reach out for a free case review. Call us or fill out our online form. We’re ready to help you reclaim your rights—and your future.
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Jaffer Law. When Background Checks Go Wrong, We Make It Right.