User Obligations of Consumer Credit Reports
Posted: 9/12/11As a user of consumer credit reports the landlord must establish reasonable procedures to assure compliance with the law and avoid liability.
The landlord must obtain written authorization from the applicant to obtain a report. This language should be included in your application and signed by ALL applicants authorizing the landlord to obtain a credit report.
Credit reports can only be issued to persons who are authorized and certified through AASCW to receive them. This means that the report should not be distributed or given to others.
Consumer information can not be sent via electronically to request or receive credit reports. All reports need to be faxed, mailed or called into AASCW and faxed, mailed or picked up to receive the reports.
Credit reports should be kept in a secure location and access to them limited and should be shredded when being disposed of.
If the landlord takes adverse action such as denying rental to the applicant, the landlord has every right to disclose the contents of the report to the applicant and even show it to the prospect. When denying rental to an applicant a landlord shall provide in writing to the consumer: 1. The name, address and phone number of the consumer reporting agency (including a toll free phone #) that furnished the report. 2. A statement that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer the specific reasons why the action was taken. 3. Notice of the consumer's right.
AASCW provides a sample of a denial form for landlord's that contains the required information for denial.
If a landlord puchases credit screening services though AASCW, this letter was provided upon certification. If you need a copy of this letter please contact AASCW at 608-826-6226 or customerservice@aascw.org.
AASCW sells applications to members that include authorization language in the signature clause which authorizes landlords to investigate credit and financial responsibilities, income, rental, eviction and conviction history and to obtain a credit report.
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