Renters could lose a chunk of change if they experience a string of denials and have to pay a new fee for every application
Portable tenant screening reports, or PTSRs, might not be the most common topic in landlording circles, but as more states look to recognize these reports, they're bound to become more prevalent.
In in-demand markets, landlords often receive multiple applicants for their vacant properties. Applicants whom landlords feel could be a good fit are screened to illuminate their credit, background, and eviction history. If the renter passes muster, the landlord can approve their application, but of course, not every person who applies will move in.
Renters could lose a chunk of change if they experience a string of denials and have to pay a new fee for every application. So, legislative bodies have introduced the concept of portable, aka reusable, screening reports that offer renters a reprieve.
For landlords, the new legislation can be confusing. To help ease the burden, TurboTenant discusses what these reports are, tips to avoid fraud, which states currently have legislation on the books, and how to move forward.
Portable screening reports, or reusable tenant screenings, are credit and background checks that tenants obtain themselves and then share with potential landlords rather than going through individual, landlord-directed screening processes. These self-service reports are usually good for 30 days.
Renters can also receive reports from landlords who deny their applications. In this case, the individual can simply request that the landlord email the report. Once they have it, prospective tenants can easily submit it to other landlords when looking for housing, simplifying the application process.
That's the goal, at least. Landlords don't always have to accept the report, as discussed below in the states section.
Just because renters can submit reports multiple times doesn't mean the data on them differs from a standard tenant screening. You'll still find critical information like:
As this new way of screening becomes more widely used, there is potential for misuse. Here are five tips to help you avoid fraud.
Here's a look at six states that currently allow portable reports. The common thread is that if a landlord accepts a reusable report, they cannot charge an application fee.
Colorado
In TurboTenant's home state, landlords must accept reusable tenant screening reports, provided the renter pulled the report within the last 30 days. Read on for exceptions.
The report must include:
Before requiring any tenant to provide an application fee for screening reports, a landlord must inform renters that they accept such reports and are not allowed to charge any fees to tenants who provide their own.
However, if a landlord only accepts one application fee at a time for a unit, and refunds the fee to each applicant who is declined within 20 days, they are not required to accept outside screening reports or provide the aforementioned information.
Additionally, if a prospective tenant's application leads to the landlord obtaining a report, the landlord must share a copy of it with the prospective tenant and inform them of their right to dispute any inaccuracies with the reporting agency.
If a landlord doesn't follow the law, they're liable for $2,500, court costs, and attorney fees. However, if the landlord cures the violation within seven days after receiving notice, they'll have to pay the potential tenant $50.
Of course, there is a bit more to it than that, but those are the general rules; if you want to read more, visit Portable Screening Report for Residential Leases, an official Colorado state government document.
California
In California, PTSRs are called reusable tenant screening reports. They also stipulate that the report must be no older than 30 days, and it must include the following information:
It's important to note that this bill merely introduces the concept of reusable reports; it doesn't force landlords to accept them. If a landlord does accept, however, they can ask about material changes to the report that may affect eviction status or another factor.
For more information, be sure to check out California Assembly Bill 2559.
Maryland
Like California, Maryland landlords are not required to accept PTSRs. However, they must provide notice that they do or do not accept these forms. Landlords can disclose that on a rental housing listing, website, online rental application, and other forms of notifying would-be tenants.
The report must be no older than 30 days and include standard information like:
Naturally, there is more to it than just this short blurb; all the details can be found in Senate Bill 691.
Rhode Island
Unlike the previously listed states, Rhode Island's law stipulates that tenants can use a report older than 30 days, expanding the timeframe to 90 days. Rhode Island's focus is to declare that landlords can't demand payment for an application fee.
If prospective tenants do not provide a report, landlords in the state can obtain one at the prospective tenant's cost. However, they're not allowed to charge more than the report actually costs the landlord.
If the tenant lets the landlord handle the screening, they must receive a copy of the background check and credit report. More information is available here.
Illinois
Illinois' bill HB3062 features much of the same language surrounding screening reports. The bill allows landlords to accept reusable reports, but it doesn't mandate it like in Colorado. The report must be no older than 30 days.
The report must include:
If a landlord accepts a report from a prospective tenant, they cannot charge an application fee. The landlord can also ask the tenant if there's been a material change in the report since the date it was pulled.
New York
Like Rhode Island, New York's reusable legislation focuses on application fees. New York landlords cannot charge a fee if tenants provide their own background and credit checks.
If the landlord provides the tenant with the report, they can charge a fee, but the fee cannot exceed the report's actual cost. For more, visit this New York State Senate page.
If you're a landlord, make sure to read up on the landlord-tenant laws in your area to understand whether or not tenants can use portable tenant screening reports when applying to rent your property.
If they can, make sure you inspect the document closely to ensure that it's accurate, not older than 30 days, and doesn't appear fraudulent.
Additionally, the passage of these laws often regulates how much landlords can charge for tenant screening reports. So, make sure to understand this information before your next vacancy.
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