It is important to screen all possible candidates for leasing an apartment, house or storefront, but the process is regulated by state, local and federal laws that any landlord, tenant or screening agency should know about. First, federal law, such as the Fair Credit Reporting Act (FCRA) provides baseline protections for tenancy applicants, while state and local ordinances often regulate tenant screening more stringently than federal law. Credit reporting agencies may be exposed to suit under new ordinances, while landlords and property owners may be subject to criminal, as well as civil, liability under new ordinances. For landlords and screening agencies operating in multiple jurisdictions, it is a good rule of thumb to follow the stricter jurisdiction’s rules.
