Impact of Federal, State and Local Laws on Rental Applications and Reports
As a result of variations in state and local laws, reports you receive may be different than our general applications (which includes an online application, background check and credit report) depending on the location of your rental property.
Below are some state and local tenant screening laws to be aware of. This information may be incomplete or out of date, and is not intended to be legal advice. For legal advice, please consult a local attorney.
Nationwide restrictions:
To align with Federal guidelines, criminal and housing court record background checks do not include: Records older than 7 years, arrests records, non-conviction records, dismissed records, non-judgments older than 1 year and vacated/appealed housing court cases, or judgements in favor of the defendant.
State-specific restrictions:
California
The State of California’s COVID-19 Relief Law prohibits a landlord from considering COVID-19 rental debts, including eviction judgements that occurred during the state’s “covered time period."
Oakland & Berkeley
Both the City of Oakland’s Fair Chance Ordinance and the City of Berkeley’s Fair Chance Ordinance prohibit a landlord from looking at or inquiring about an applicant’s criminal background, including both arrests and convictions, with certain limited exceptions.
Colorado
The State of Colorado’s Rental Application Fairness Act limits the availability of arrest records and prohibits landlords from considering criminal convictions that occurred within the last 5 years, with some exceptions.
District of Columbia
DC law imposes certain limitations on a landlord’s tenant screening process, including around the use of criminal history. Prior to reviewing an applicant’s criminal history, the District requires that a housing provider make a “conditional offer” to an applicant after reviewing the other components of their application. Certain steps must be followed if a landlord intends to revoke a conditional offer on the basis of criminal history. Beyond that, DC law imposes other restrictions on the nature of criminal offenses that may be considered in the tenant screening process.
Additionally, the District imposes special requirements for landlords when screening tenants who receive rental assistance subsidies.
Landlords and property managers accepting applications in DC will receive a modified background check in accordance with these local laws.
Illinois
Illinois’ COVID-19 Emergency Housing Act limits the use of housing court records (commonly referred to as “eviction records”) that were filed during the COVID-19 emergency period, with some exceptions.
Cook County
Chicago’s Fair Chance Ordinance limits the use of criminal background data to felony convictions that occurred within the last 3 years, and requires that landlords who rely on that criminal background data perform an “individualized assessment” of an otherwise qualified applicant. Additionally, the ordinance requires that a landlord consider other tenant screening qualifications and then make a “conditional offer” to the applicant before reviewing criminal history. Finally, certain steps must be followed if a landlord intends to revoke a conditional offer on the basis of criminal history.
Landlords and property managers accepting applications in Cook County will receive a modified background check in accordance with these local laws.
Maryland
Montgomery County
Montgomery County’s Housing Justice Act prohibits a landlord from inquiring about or reviewing an applicant’s criminal background at any time prior to making a conditional offer of acceptance. Additionally, this form must be shared with the applicant as part of the rental process. After making a conditional offer, the Act prohibits any review of certain non-violent misdemeanor offenses, and restricts the use of most other misdemeanors to convictions that occurred within the last 2 years. Prior to revoking a conditional offer based on an applicant’s criminal history, a landlord must meet certain conditions, including providing written notification to the applicant and allowing the applicant to assert that the items relied upon are inaccurate.
Landlords and property managers accepting applications in Montgomery County will receive a modified background check in accordance with these local laws.
Michigan
Ann Arbor
The City of Ann Arbor’s Fair Chance Access to Housing Ordinance prohibits a landlord from inquiring about or basing an adverse action on an applicant’s criminal background, including both arrests and convictions, with certain limited exceptions.
Landlords and property managers accepting applications in Ann Arbor will receive a modified background check in accordance with these local laws.
Detroit
The City of Detroit’s Fair Chance Ordinance prohibits housing providers with a portfolio of 5+ properties from inquiring about an applicant’s criminal history until after determining that the applicant otherwise qualifies based on the remainder of the screening criteria. Once criminal history is reviewed, certain steps must be followed if a landlord intends to revoke a conditional offer on that basis. Additionally, the ordinance restricts the use of criminal background data to 5 years if a felony conviction resulted in imprisonment, or 10 years if it did not, with certain exceptions.
Landlords and property managers accepting applications in Detroit will receive a modified background check in accordance with these local laws.
Minnesota
Minneapolis
The City of Minneapolis’ Renter Protection Ordinance requires that a landlord either apply inclusive screening criteria that restricts use of criminal background data by limiting its use to within 3 years for misdemeanor convictions, and 7 years for felony convictions, with certain exceptions or that a landlord conduct an individualized assessment for any basis upon which a landlord intends to deny a rental application.
Landlords and property managers accepting applications in Detroit will receive a modified background check in accordance with these local laws.
New Jersey
New Jersey law prohibits a landlord from considering an eviction judgment that took place during the state’s COVID-19 emergency period.
New Jersey’s Fair Chance in Housing Act requires that a landlord make a conditional offer of acceptance to the applicant prior to inquiring about an applicant’s criminal background, with limited exceptions. Before reviewing criminal history, a landlord must provide a disclosure statement to the applicant. After making a conditional offer, the Act limits the use of criminal background data to convictions that occurred within certain timeframes set forth in the Act based on the type of conviction. Prior to revoking a conditional offer based on an applicant’s criminal history, a landlord must assess a number of factors in order to determine whether that revocation is necessary and nondiscriminatory. Landlords and property managers accepting applications in New Jersey will receive an online application, credit report and modified background check from prospective tenants in accordance with these local laws.
New York
New York’s Housing Stability and Tenant Protection Act of 2019 limits use of certain information in housing decisions, including tenant blacklists based on eviction history. Landlords and property managers accepting applications in New York will receive an online application, credit report, and background check (without eviction history) from prospective tenants.
Oregon
Oregon law limits a landlord’s use of housing court records (commonly referred to as “eviction records”) that occurred during the COVID-19 emergency period, with some exceptions.
Portland
Portland’s Fair Access in Renting Ordinance requires that the landlord either apply low-barrier screening criteria that restricts use of criminal background data by limiting its use to within 3 years for misdemeanor convictions, and 7 years for felony convictions, with certain exceptions, or that the landlord conduct an individualized assessment for any basis upon which a landlord intends to deny a rental application. Landlords and property managers accepting applications in Portland will receive a modified background check in accordance with these local laws.
Additionally, the Ordinance requires that an applicant be able to identify as mobility impaired, and under certain circumstances, a landlord must prioritize the processing of an application from an applicant who identifies as mobility impaired.
Pennsylvania
Philadelphia
Philadelphia law prohibits a landlord from denying an applicant solely because they have an eviction record or because their credit score is below a certain number. Additionally, the law limits a landlord’s use of an applicant’s eviction history based on a number of factors, including a prohibition on eviction judgements during the COVID-19 emergency period, except those based on violent or dangerous criminal activity.
Landlords and property managers accepting applications in Philadelphia will receive a modified background check from the time of the COVID-19 emergency period in accordance with these local laws.
