Guidance On Adverse Action Notices

By Author: MargotAsquith
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Section 615(a) of the FCRA requires landlords, when they take an "adverse action" against a rental applicant based in any way on a "consumer report" from a "consumer reporting agency," to provide an adverse action notice to that consumer.

A "consumer report" from a "consumer reporting agency" is ...
... not only a credit report provided by a credit bureau but also any report of the applicant's rental history procured from prior landlords or housing court records as provided by a tenant screening service.

In particular, the law requires landlords to provide rental applicants with a notice that (1) informs them about the adverse action, (2) identifies the consumer reporting agency (CRA) that provided the report that contributed to the landlord's action, (3) states that the CRA did not make the rejecting decision and cannot explain the reason for rejection, and (4) specifies the consumer’s rights under the FCRA.

Adverse action includes not only a landlord's denial of a rental application, but also any action by the landlord that imposes a burden not required of all tenants -- such as requiring a co-signer on the lease, requiring a larger deposit, or increasing the tenant's rent or deposit to a higher amount.

The adverse action notice is required even if the information in the consumer report was not the primary reason for the adverse action.There can be situations where the landlord is not required to send an adverse action notice. When verifying personal, employment, or previous housing references, if the landlord or the landlord’s employee directly performs the verifications, the verification is not covered by the Act. If the landlord employs a tenant screening service to provide such verifications, the Act would apply. Landlords should also check to make sure of their state’s requirements.

No adverse action occurs in a transaction when the landlord makes a counteroffer that is accepted by the applicant. As an example, the landlord offers to rent the unit to the applicant if the applicant will provide a co-signor and the applicant agrees to do so.

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