CFPB, FTC Look For Public Discuss Occupant Background Checks

On February 28, 2023, the FTC and the CFPB provided a joint ask for details (” RFI”) looking for public talk about background checks utilized to evaluate possible renters for rental real estate. As part of the RFI, the FTC and the CFPB are asking present renters, potential renters, advocacy groups, industrial and private property owners, home supervisors, background screening business, other customer reporting companies, and others to weigh in on a large range of problems that impact renter screening, such as:

  • how criminal and expulsion records are utilized by property owners and home supervisors in making real estate choices;
  • how possible errors in criminal and other records impact rental real estate choices;
  • whether customers are notified about the requirements utilized in renter screening or alerted about what details in their background check resulted in their rejection;
  • how property owners and home supervisors are setting application and screening costs;
  • how algorithms, automated decision-making, expert system, or comparable innovation are utilized in the renter screening procedure; and
  • whether there are methods to enhance the present renter screening procedure.

In a news release revealing the RFI, the CFPB and FTC specified that they are concentrated on determining practices that might unjustly avoid customers form getting and maintaining real estate which they hope public remarks will assist to notify enforcement and policy actions under each firm’s jurisdiction.

Putting it into Practice: The RFI highlights the growing regulative issue relating to the capacity for hidden prejudiced impacts of present renter screening practices. The CFPB has just recently taken a variety of actions to collect details on and deal with the possibly prejudiced effects of renter screening practices. The CFPB has actually likewise specified that it is working carefully with the Department of Real Estate and Urban Advancement, the Federal Real Estate Financing Company, and Department of Farming to deal with presumably troublesome practices by renter screening business. Provided this growing regulative focus, business took part in administering or otherwise using renter screening practices need to evaluate their programs and work to guarantee their precision.

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