Using Credit Reports In Tenant Screening

Recently the nation’s three major retail credit bureaus -- Experian, TransUnion and Equifax -- independently instituted their own more stringent regulations in regard to qualifying customers who wish to receive retail credit reports or information from these reports from tenant-screening companies and other data resellers. The new requirements are intended to help combat credit fraud and identity theft.

If you do not qualify under the credit bureaus’ new rules or, if you simply choose not to undergo the required on-site inspection(s), you will no longer be allowed to receive the retail credit report of any applicant.

Subscribers who wish to continue to receive retail-credit-based information about their applicants still will be required to submit paperwork.

Alternatively, history has shown that a high score or unblemished credit is not necessarily the best predictor of a good tenant.

These things are not in the credit bureau

For example, eviction reports, which are very important to any landlord do not show up on credit bureau reports.

What a landlord is looking for:

Make sure they are not criminals or sex offenders.
 
Make sure that they don't destroy your property and leave.
 
Make sure that they don't sit there as long as they can and force you to go through eviction proceedings

Other antecedent factors such as a criminal background check, a check of eviction records, long term residency and long term employment are perhaps more important than just a credit bureau report.

A multi-state criminal background check is more useful as people who have landlord problems almost always have other criminal issues that will show up in a good criminal background check.

The multi-state criminal background also includes at no extra charge a check of the DEA fugitive list, a Federal Terrorist watch list, the OFAC advisory list (Office of Foreign Assets Control) , the Canadian Sanctions list, and the denied persons list. It also includes a check of the sex offender registry in 44 states.

Importantly, this multi-state criminal background check is available instantly.

Also, the instant social security number trace is recommended as this provides you with all addresses associated with a particular social security number for the past 10 years.

We recommend the eviction report in combination with the multi-state criminal background check and the social security number trace.

The combination we suggest such as a social security trace, eviction search (single state) or unlimited based on social security trace addresses.

The federal Fair Credit Reporting Act (FCRA) has always required credit-reporting agencies and tenant-screening companies to make every responsible effort to verify that customers who wish to purchase retail credit reports have a legitimate purpose for doing so.  Both the credit bureaus and companies who are resellers of the bureaus’ data are responsible for compliance.

The entire tenant screening industry is responsible for enforcing these new rules.  All companies which sell retail credit reports are required to qualify customers and any company not in compliance with the new rules will be denied access to retail credit reports. 

Fortunately, the rules do not restrict credit report access to any specific real estate owner, investors or managers, nor do they govern access to anything other than retail credit reports.  All other types of screening reports remain available to customers.  Screening companies also may continue to resell credit reports and credit-report-based information, but only to those qualified under the new regulations.

All three bureaus have certain requirements in common for qualification and while the specific requirements of each bureau vary, two main similarities may be summarized as follows: 

On-site Inspections

Real estate owners, investors and managers who wish to continue to receive applicants’ credit reports must undergo an on-site inspection of the location where reports are accessed and stored.  Experian, TransUnion and Equifax all require an independent inspection company, approved by the bureau, to conduct the inspection.  For subscribers that operate their businesses out of a separate location, the inspection is required once.  For subscribers that operate out of a home office, the inspection may be required annually. 

To pass the inspection, subscribers must have a locked door for the premises where retail credit reports are accessed and stored, a locked filing cabinet to safeguard the reports, and a shredder to destroy reports no longer needed. Retail credit bureaus also require assurance that subscribers are not involved in any side businesses that may not be approved for the handling of credit reports (e.g., internet locator services, bail bond companies, credit repair agencies or credit clinics).

Global Tenant Screening has established procedures that qualify subscribers to receive credit reports from all three bureaus for a single, one-time fee. In most cases, the fee for this inspection will be $75.00 

Additional Paperwork

The qualifying process also includes credentialing of all new and current subscribers.

This involves, among other things, confirming the identity of the subscriber, which includes obtaining a copy of an individual subscriber’s driver’s license, or a copy of a business subscriber’s business license. 

Proof of ownership of rental property must be verified. 

For incorporated businesses, articles of incorporation may be required. 

For sole proprietors or partnerships, an assumed business name filing, or individual retail report may be required. 

A subscriber’s status as a real estate owner or manager may be verified by examining a reputable directory.

Currently, the credentialing process is required to be performed only once for each subscriber.

Eviction reports are civil judgments imposed by  municipal court or justice of the peace.
These courts have no special right to be report evictions  to the credit bureau.
 
Reporting Undesirable Tenants To the Credit Bureau

We can not report people to the credit bureau for you.

 
you must have a large volume account to report to a credit bureau.
 
tCar dealers and other lenders are licensed lenders that is why they can report to credit bureaus.
 
Services that allow bad credit reporting or any reporting to the bureau must manage the account
as the account holder.
 
They have to receive checks on behalf of the landlord or must manage the property for a % of rental.
Even then, their name will appear on the negative report, not the apartment/home owner.
If you turn the account over to a collection agency they must get a judgment before they can report to the credit bureau.
 
unlawful detainer is called by some counties an eviction report and will not show up on a credit report.
 
Eviction search includes unlawful detainer.

Collection agency must get a judgment before they can report to the credit bureau.
 
unlawful detainer is called by some counties an eviction report and will not show up on a credit report
 
Eviction search includes unlawful detainer.

 

 What you avoid

  • Bureau-required on-site inspections and fees
  • Potential inconsistent decision making, which may lead to claims under federal fair housing laws
  • The task of reading and understanding complex credit reports
  • The potential of sensitive consumer data falling into the wrong hands.

                                                                                                                   



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