The Housing FIRST Act amends the Fair Credit Reporting Act to establish specific rules and limitations for using consumer reports in tenant screening, particularly by restricting the inclusion of certain criminal and resolved case information.
Ayanna Pressley
Representative
MA-7
The Housing FIRST Act amends the Fair Credit Reporting Act to establish formal standards for tenant screening reports, treating them similarly to employment reports. This bill strictly limits the types of criminal and financial history landlords can use when evaluating rental applicants. Furthermore, it mandates specific disclosure and adverse action notification requirements for landlords using these reports.
Alright, let's talk housing. Specifically, how you get it, especially if you’ve got some past mistakes on your record. This new piece of legislation, the Housing FIRST Act, is looking to shake up how landlords check out potential tenants, and it’s a pretty big deal for a lot of people.
First off, this bill formally plugs “tenant screening purposes” right into the Fair Credit Reporting Act (FCRA). Think of it like how your employer checks your background; now, there’s a clearer, more defined rulebook for landlords. The biggest shift here is what can’t be on those reports: no more arrests, juvenile records (even if tried as an adult), non-criminal citations, or any criminal case that was successfully resolved through a diversion program or similar setup. So, if you completed a drug court program, that shouldn't pop up on your rental application. This is laid out pretty clearly in Section 3 of the bill.
What’s more, if you’ve completed your sentence, or even if you’re currently on probation or parole, that conviction can’t be used against you. Same goes for anything expunged, sealed, or pardoned. And get this: any offense tied to unpaid court costs or incarceration fees? Also off-limits. This is a game-changer for folks trying to get back on their feet after some time in the system, making it easier to find a stable place to live without old issues constantly blocking the door. For a landlord, this means less historical data on a tenant's criminal background, which could be a concern when trying to assess risk.
Remember how some criminal convictions could stick around on your record forever, or at least for a very long time, for housing purposes? Well, Section 8 of this bill says "no more." It removes the exception that allowed convictions to be reported for longer than seven years. Now, criminal convictions will be treated like most other negative information on your credit report, dropping off after seven years. So, if you had a conviction a decade ago, it shouldn't be a barrier to housing anymore. This is a significant change, as it means landlords won't have access to older conviction records, which some might argue are still relevant for certain tenancy decisions.
On the flip side, landlords are going to have to be more transparent. Section 4 and Section 6 beef up the requirements. Before a landlord or property manager can pull your report, they’ll need to give you a clear disclosure and get your written permission. And if they deny your application based on that report? They’ve got to tell you within three days, give you a copy of the report, and — this is key — spell out exactly why you were denied. No more vague rejections; they have to point to what in the report led to their decision. This gives you, the applicant, a much clearer path to understanding and potentially disputing the information.
For anyone who's ever struggled to find housing because of a past mistake, this bill could open up a lot of doors. It aims to reduce barriers to housing for formerly incarcerated individuals and others with records, which can be a huge step towards successful reentry and stability. Imagine trying to hold down a job or raise a family without a stable address – it’s nearly impossible. This bill directly tackles that problem.
However, it also means landlords might feel like they’re flying a bit blind. While the intent is to prevent discrimination and give people a fair shot, property owners might worry about not having a complete picture of a potential tenant’s history. The bill does prohibit states from setting their own time limits on what information is excluded (Section 7), which creates a uniform standard across the board, but it also means states can’t offer more protections or different rules in this area.
Ultimately, this bill is trying to balance giving folks a second chance at stable housing with landlords’ need to screen tenants. It’s a big move towards making sure that your past doesn’t permanently define your future when it comes to putting a roof over your head.