Annette Duke Mass. Law Reform Institute Tenant’s Screening Annette Duke Mass. Law Reform Institute Mass. Law Reform Institute Mass Continuing Legal Education Basic Benefits Training

Tenant Screening Purpose of tenant screening is for landlords to know if tenants will: Pay the rent on time Keep apartment in good condition Be a good neighbor

How Landlords Screen Tenant Screening Reports Credit Reports Criminal record information Court information Rental History

Before Applying Get copies of credit reports, tenant screening reports, and CORI. Look up court cases. Correct errors in credit or tenant screening reports and eviction records. Prepare to answer questions about your rental history. LT explains how you get get copies, when they are free. see pages 26-29 Get copies of tenant screening reports can be challenging because there are many different companies. Link to list on page 26. Go Look up court cases zee link on page 30

Denial of Housing If an application is denied, tenants should ask prospective landlords: Why was their application denied? What information was used to screen their application? Is the information wrong or misleading? When asking what information was used to screen their application ask specifically? Credit or Tenant screening. Court records about an eviction case Other This may be the only way you can figure out what the source of the information is and if there is an error or it is misleading how to correct it.

Tenant Screening Reports Landlords purchase tenant screening reports. They can include information about: evictions courts cases criminal record information credit employment former rental addresses They can also include recommendations. Tenant screening reports can also include recommendations. For example, Corelogic recommends that if some has had an eviction case filed against them within the past 4 years, they should automatically be denied, regardless of the outcome of the eviction. Does anyone have I have a redacted Corelogic report as quick visual example where we can point out how broad brush and misleading these can be).

Tenant Screening Reports Landlords are not allowed to pass on the tenant screening report fee to prospective tenants. Tenants entitled to free report once a year. Many different tenant screening companies. Requests for reports must be made to each agency – no central source. Landlords are not allowed to pass on the tenant screening report fee to prospective tenants. (more about illegal fees on page 14 Many different tenant screening companies. For a list go to page 26.

Tenant Screening Report Ask if landlord used a tenant screening credit report. If they, did ask for the name of the agency. If landlords deny housing, they must give tenants written notice of the name of the tenant screening agency and how to contact it. If landlords deny housing, they must give tenants written notice of the name of the tenant screening agency and how to contact it. This does not always happen. Asking a landlord who has denied a tenant housing maybe the only way to find out what agency is distributing information.

Criminal record information In 2012, Criminal Offender Record Information (CORI) law allowed landlords to access to more information. In 2016, HUD released guidelines that prohibit landlords from automatically disqualify anyone with a criminal record (CORI). They must assess each individual applicant and consider the time that has passed since a conviction and the severity of the conviction. In 2012, Criminal Offender Record Information (CORI) law allowed landlords to access to more information. See page 31.

Before Denying Housing Based on Criminal Record Information Landlords must: Notify tenants that they plan to deny housing due to CORI. Give tenant a copy of the CORI they got or tenant screening report if it has CORI. Tell tenant the part of the CORI is a problem. Give tenant information about how to fix mistakes on their CORI and a chance to get mistakes corrected. If the tenant applied for certain types of subsidized housing, tenant must get information about how to challenge a denial. If a tenant has a CORI can provide prospective landlords with reference letters and information about how they have turned around and also evaluate whether and when the record can be sealed.

Eviction History Massachusetts courts currently makes certain information about eviction cases available online. The information is free and some landlords and property managers and tenant screening companies are using the court’s data to screen tenants. It may be difficult to understand what really happened in a court case so that the eviction record does not tell the full story.

Question 2 Do you encounter people who’s eviction records are affecting their ability to get housing? Yes No Not sure Tenants are finding that regardless of the outcome of the case, whether case was dismissed, whether there was an amicable agreement, the age of the case, that this record impacts their ability to get housing. There is also mistaken identify) It may be difficult to understand what really happened because there are a lot of tabs to click through and because of the court’s terminology. (for example that the case was dismissed. If you hear of tenants being unfairly hurt by MassCourts please let us know).

Court Eviction History There may be mistakes It may not tell the whole story. Use the Booklet 11 to correct technical errors. There may be mistakes - for example sometimes cases where the tenant is being moved out so landlord can sell the property or move a relative in are being listed as a non-payment case or what is called a “cause” cases. It may not tell the whole story. (for example that the case was dismissed. If you hear of tenants being unfairly hurt by MassCourts please let us know. Use the form to correct technical errors. See the Error Correction Form buried on page 621. This form is for clerical errors. Review results of survey and make final comment.

Discrimination Landlords may use screening criteria, but cannot apply in a discriminatory way. It is illegal to ask tenants about race, religion, sex preference, whether you are pregnant, have children, receive a housing subsidy or public assistance or have a disability. For more about steps to take, including testing to determine whether there has been illegal behavior, see Chapter 7: Discrimination for information and organizations to contact. Also see Directory on page 788.