
How to Run a Background Check
Step 1: Establish Screening Criteria
Set consistent, non-discriminatory standards and secure proper legal authorization before beginning any screening process.
Establish Clear Standards
- Income requirement: Monthly income at least 2.5-3 times the monthly rent
- Credit score threshold: Generally 600-650 or higher
- Employment history requirements (typically 6-12 months stable employment)
- Criminal background policy focused on business-relevant convictions
Obtain Written Consent
- Use a separate, standalone consent form stating you will obtain a consumer report for rental purposes
- Include the FCRA Summary of Rights document from the Consumer Financial Protection Bureau
- Clearly explain what types of checks will be conducted (credit, criminal, rental history)
- Keep signed consent forms for at least five years as required by the FCRA
Step 2: Collect Information
Gather essential applicant data and select a professional screening service that ensures compliance and accuracy.
Required Applicant Information
- Full legal name, date of birth, and Social Security Number or ITIN
- Current and previous addresses for the past 2-3 years
- Employment information and previous landlord references
- Government-issued photo ID for identity verification
Select Professional Screening Services
- Choose FCRA-certified services like TransUnion SmartMove, RentPrep, or Stessa
- Ensure the service uses reasonable procedures to prevent reporting duplicative, expunged, or sealed records
- Verify real-time database access and identity verification features
- Confirm compliance with local laws and regulations
Step 3: Conduct Background Check
Run comprehensive background checks while adhering to legal reporting limitations and fair housing requirements.
Credit and Financial Assessment
- Review credit score, payment history, and debt-to-income ratio
- Consider net income rather than gross income for more accurate affordability assessment
- Verify income through recent pay stubs, tax returns, or digital verification tools
- Contact employers directly when possible to prevent document fraud
Criminal Background Considerations
- Non-conviction records can only be reported for seven years from arrest date
- Focus on convictions relevant to tenancy (property damage, violent crimes)
- Avoid blanket exclusions that may violate fair housing laws
- Some jurisdictions require conditional offers before criminal checks (like NYC's Fair Chance Housing Law)
Rental History Verification
- Contact current and previous landlords directly about payment history and property care
- Check for eviction history through court records
- Verify employment stability and references for consistency
Step 4: Handle Pre-Adverse Action Process
If negative information appears that may affect your decision, follow specific FCRA procedures before making final determinations.
Pre-Adverse Action Requirements
- Provide applicant with a copy of the background report
- Include FCRA Summary of Rights statement
- Allow reasonable time (typically 5 days) for applicant to dispute inaccuracies
- Wait for this dispute period to expire before making final decisions
Maintain Fair Housing Compliance
- Apply screening criteria consistently to all applicants
- Ensure criminal background policies don't disproportionately impact protected classes
- Document your decision-making process thoroughly
- Consider individualized assessments when appropriate
Step 5: Make Final Decisions
If denying an application based on screening results, provide proper legal notification and maintain detailed records.
Adverse Action Notice Requirements
- Provide written notice stating specific reasons for denial
- Include name and contact information of the screening company
- Explain applicant's right to dispute report accuracy
- Issue notice even if screening results were only one factor in the decision
FAQs
About this document
A rental application is a standardized form used by landlords and property managers to collect information from prospective tenants. The application serves as a screening tool to evaluate potential renters before entering into a lease agreement. This document typically contains questions about personal information, employment history, rental history, and financial status.
This document is designed to comply with the laws of all 50 states.
Community Discussion
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Legal Notice: Comments are personal opinions and do not constitute legal advice. Always consult a qualified attorney for matters specific to your situation.
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