Landlords: Are YOU breaking the law?

[Brandon Turner]

http://business.ftc.gov/documents/bus49-using-consumer-reports-what-landlords-need-know

Hey everyone,

So I read this online today, and am wondering if others are properly following the law when screening tenants? I'm going to write up a blog post on the subject, so I'm just gathering info right now and doing my research. So any or all advice,discussion, etc is welcome.

Basically, the government says (if I'm reading this right) that if you deny a tenant based on something you discovered in their screening - whether it came from their credit report or not - you have to follow some very specific protocol and send them:

1.) the name, address and telephone number of the CRA that supplied the consumer report, including a toll-free telephone number for CRAs that maintain files nationwide;
2.)a statement that the CRA that supplied the report did not make the decision to take the adverse action and cannot give the specific reasons for it; and
3.) a notice of the individual's right to dispute the accuracy or completeness of any information the CRA furnished, and the consumer's right to a free report from the CRA upon request within 60 days.

According to this document, even if you require an additional security deposit - you still need to give them this information.

So anyways - I'm just trying to see what others are doing (or aren't doing) to comply with this?

[Aaron Mazzrillo]

I called 800# on that site. After pressing '1' for English and navigating the maze of directory options, I finally gave up and started pressing '0' until it said I was being transferred to a low paid hourly worker who would not understand my question, her job, and absolutely would be of no help to me.

So Ms. Gubment-Worker gets on the phone and tells me I should contact my state Attorney General because my state may have different laws. I then told her it was legal to grow and smoke pot in my state, but the Federal Gubment likes to send out officers to harass and arrest citizens of my state for doing something perfectly legal under our state constitution. Realizing that Obama might be listening in, I quickly jumped on the bandwagon and said I don't support that lifestyle or approve of it, I am just using that as an example because I thought that Federal Law superseded state law. I think I then heard him snicker.

She told me in some cases it does, in others it doesn't. She then gave me the number to my states Attorney General.

I then called the number she gave me, 800.952.5210, '1' for English, '4' for Landlord-Tenant dept. I got a voicemail telling me that I needed to go to their website for more information or I could press '2' if I do not have internet access. I pressed 2. A very rude little man with a big attitude picked up the phone. He asked me what county I am in. I told him and he said they do not answer any landlord-tenant questions and that I should contact my county office. I attempted to explain what I wanted to ask, but he spoke over me and said I should contact my county because he would not answer my questions. Ouch!

I then called my county office using the number Mr. Gubment-Worker-Superiority-Complex gave me, 951.682.6581 and got Fair Housing. She was blunt and to the point. If I don't charge an upfront fee, even if I pull their credit, I don't have to send no stinkin' letter.

I think I hear a knock on my door & what's this Homeland Security car doing in my driveway....