The housing market can be unforgiving. Demand often outpaces supply, application fees always seem to be increasing, and competition grows fiercer every year. In the middle of all this, a rejected application can feel devastating, especially if the reason is due to a background check error.
Unfortunately, errors in tenant screening reports, whether due to someone else’s criminal record, outdated eviction notices, or incorrect credit data, are all too common. These mistakes create roadblocks to renting and can be damaging to your reputation and peace of mind.
You’re not alone if you’ve been denied housing due to background check errors. Every year, thousands of renters face rejection because tenant screening companies fail to verify the accuracy of their reports. Fortunately, the law is designed to protect you. There are actionable steps you can take with a background check attorney to challenge these inaccuracies. Let’s explore how you can address these errors and how we can help you reclaim the housing opportunities you deserve.
What Happens When You Are Denied Housing Due to Background Check Errors?
Tenant screening reports are meant to give landlords an accurate picture of a potential tenant’s history. These reports pull data from multiple sources, including criminal records, eviction filings, and credit bureaus, and compile them into a single document.
Ideally, this process should present accurate and up-to-date information. Unfortunately, the reality is far from perfect. Automated systems and careless data-matching methods often result in background reports that come back riddled with errors.
When tenant screening companies report inaccurate information, the consequences can be severe. A report might link you to someone else’s criminal record or eviction history. It could also display unresolved credit disputes that have long been settled, among many other issues. Landlords often make swift decisions based on these reports so even a minor error can lead to a rejected application.
Acting quickly is important if you’ve been denied housing due to these mistakes. Once a reporting error is disputed, tenant screening companies have 30 days to investigate this dispute, but this delay can cost you the rental unit you want. Hence, pursuing a correction is important for your current application and future transactions as well.
Understanding Tenant Screening Reporting Errors
Tenant screening reporting errors occur for several reasons and they’re more common than most people realize. These errors often stem from sloppy data aggregation practices, where incomplete or outdated records are matched to the wrong individual. Some of the most frequent mistakes include:
● Mixed Files: When someone else’s information is mistakenly associated with your record. This often happens due to similar names or shared addresses.
● Outdated or Inaccurate Information: Screening reports may include evictions or criminal charges that were expunged.
The Fair Credit Reporting Act (FCRA) requires tenant screening companies to follow reasonable procedures to maintain accuracy. When these companies fail to meet that standard, they violate your rights as a consumer. It’s necessary to understand that errors in these reports don’t just affect housing applications—they can tarnish your reputation and create long-term challenges.
Your Legal Rights Under the Fair Credit Reporting Act
The Fair Credit Reporting Act exists to protect consumers from the harm caused by inaccurate reporting. Under this law, landlords must notify you when they take “adverse action” against you based on a tenant screening report. Unfortunately, adverse action often means denial of your rental application as a result of the inaccurate background check report.
In addition to notifying you, landlords must provide the name and contact information of the screening company that prepared the report. This allows you to request a free report copy and dispute any inaccuracies. Tenant screening companies then have 30 days to reinvestigate and correct errors.
The FCRA also allows you to pursue legal action if tenant screening companies fail to meet their obligations. You can recover damages as a result of the denial, emotional distress, and any financial harm caused by their negligence. Knowing your rights under the FCRA is the first step toward addressing the errors that have impacted your housing opportunities.
How a Consumer Lawyer Can Help
Facing the dispute process on your own can be daunting and is not advisable. This is where a consumer lawyer becomes essential. Working with an experienced background check lawyer is imperative to navigating the complexities of the FCRA. From the dispute process to filing your lawsuit, your lawyer will be able to answer any questions you may have and provide much-needed guidance and peace of mind during this stressful time.
At Raburn Kaufman, we specialize in addressing tenant screening reporting errors and holding screening companies accountable under the FCRA. Our team will help you:
● Gather the necessary documentation to build a strong case.
● Track all correspondence to create a clear record of your efforts.
● File a lawsuit if the screening company fails to correct the inaccuracies.
Take Back Control of Your Housing Opportunities
If you’ve been denied housing due to background check errors, you don’t have to accept it as the end of the road. At Raburn Kaufman, we fight for tenants’ rights and hold screening companies accountable for their mistakes.
Our team works on a contingency basis, so you never pay out-of-pocket fees. If we don’t win, you owe us nothing. The accuracy of your background check report matters and we’re here to help you secure it.
Contact us today to set up your free consultation with one of our experienced attorneys and take the first step toward reclaiming your rights. Don’t let tenant screening errors dictate your future—let us help you move forward with confidence.
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