FTC, CFPB, HUD, and DOJ Issue New Joint Guidance on Tenant Background Checks

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FTC, CFPB, HUD, and DOJ Issue New Joint Guidance on Tenant Background Checks

In March 2024, the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), Department of Housing and Urban Development (HUD), and Department of Justice (DOJ) issued joint guidance titled “Tenant Background Checks and Your Rights” to help renters navigate the tenant screening process, according to a Consumer Alert from the FTC.

“Are you looking for a new place to live or about to renew your lease? If so, you may want to know that a landlord, property manager, or other housing provider may ask a tenant background check company — also called a tenant screening company — to put together a report about you and other members of your household,” the joint guidance explains.

“The new publication tells you how tenant background checks work, what kinds of background information a landlord might receive about you, how to respond if you think that information is wrong, and your rights under federal laws — including laws related to tenant background checks and those that outlaw discrimination,” states the FTC Consumer Alert.

“Tenant background checks are usually compiled by tenant background check companies that put together a report on you and the people you live with. The tenant background check report — sometimes called a resident or tenant screening report — may have information about whether you pay your bills, if you’ve been evicted or have a criminal record, and more.”

ClearStar is a global Human Resources technology company that specializes in background checks, drug testing, and occupational health screening. ClearStar also offers a variety of tenant screening services that help protect rental properties and comply with applicable laws and guidance. For more information about ClearStar, please contact us.

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    Thomas Ahearn - Digital Content Editor

    Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.

    At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.

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