TenantTracks strives to provide its users with the most accurate information and supplies data derived from public records and a consumer credit report, which may not be 100 percent accurate or complete. Users should consult state and federal laws, including the Fair Credit Reporting Act, before using this information in making business decisions based on the results. Neither we nor our vendors or suppliers are liable for claims or damages arising from the use of this data, beyond the cost of the search(es) performed by users. Because misidentifications may occur when trying to identify a person, based solely upon name and other identifiers such as a date of birth, extreme care must be exercised in the review and use of the information available through this site. This information should not be used in legal proceedings.
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The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq, § 605.(a) (2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period may not be shown.
It is recommended to consult with your attorney regarding the use of arrest records as part of your overall screening policy. It's additionally recommended that you obtain further information regarding the disposition of any arrest records received. Either you or your applicant may submit the request. An adverse action letter should be promulgated to the applicant should the application be denied, or the terms and conditions of the tenancy are materially different. A copy is available at https://www.tenanttracks.com
However, in most cases now, National Criminal Record information is limited to 7 years from the request of each report to comply with the FCRA, relevant case law, and regulatory enforcement actions by our data supplier(s). This applies to all criminal records except sex offenders that are listed on the lifetime sex offender registries.
Notwithstanding anything to the contrary in the TenantTracks User Agreement, use of Public Record Information, and the Services derived from the Public Record Information, from TENANTTRACKS shall be subject to the following: The public record information is provided on an “as is” and “as available” basis. TenantTracks and its data providers make no representations or warranties, express or implied, with respect to the public record information and disclaim any express or implied warranties with respect thereto. Without limiting the foregoing, TenantTracks and its data providers do not guarantee or warrant the accuracy, timeliness, completeness, correctness, merchantability, non-infringement, or fitness for a particular purpose of the public record information and shall not be liable for any loss or injury arising out of or caused in whole or in part by use of the public record information.
HUD has provided guidance when screening rental applicants and considering criminal records. Please utilize this guidance when making leasing decisions. Click to read the Federal Guidance on using criminal records in tenant screening
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