Notice to Users of Consumer Reports
Obligations of Users Under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Provided to every landlord who accesses a screening report through NexHab.
Last updated: July 1, 2026
Your Responsibilities as a User of Consumer Reports
The Fair Credit Reporting Act (FCRA) imposes legal obligations on any landlord, property manager, or business that uses a consumer report (including background, credit, and eviction reports) to make housing decisions. This notice summarizes those obligations. It is not a substitute for the complete statutory text. Failure to comply can result in civil liability, statutory damages, punitive damages, and attorney's fees.
Obtain Reports Only for a Permissible Purpose
You may obtain a consumer report only for a purpose permitted under FCRA § 604 (15 U.S.C. § 1681b). For tenant screening, the permissible purpose is the review of a rental application in connection with a legitimate business transaction initiated by the applicant. You must certify this permissible purpose to the consumer reporting agency and you may not use the report for any other purpose, such as marketing, resale, or evaluating an individual who has not applied to rent from you.
Obtain the Applicant's Authorization
Before requesting a report, you must obtain the applicant's consent as required by law. You may not misrepresent the reason for obtaining a report, and you must ensure the applicant has been informed that a consumer report may be requested in connection with their rental application.
Provide an Adverse Action Notice
Under FCRA § 615 (15 U.S.C. § 1681m), if you take any adverse action against an applicant — such as denying the application, requiring a co-signer, increasing the deposit, or charging a higher rent — based in whole or in part on information contained in a consumer report, you must provide the applicant with an Adverse Action Notice containing:
Notice of the adverse action: You must inform the applicant that an adverse action was taken.
Consumer reporting agency details: The name, address, and telephone number of the consumer reporting agency (including a toll-free number if the agency compiles nationwide files) that provided the report.
Statement of agency non-involvement: A statement that the consumer reporting agency did not make the decision and cannot explain the specific reasons for it.
Right to a free report and to dispute: Notice of the applicant's right to obtain a free copy of the report from the agency within 60 days, and their right to dispute the accuracy or completeness of any information in the report.
NexHab automatically sends a compliant Adverse Action Notice on your behalf when you decline an applicant through the platform, and stores an immutable audit record of that notice.
Risk-Based Pricing Notices
If you offer terms that are materially less favorable than the terms offered to other applicants based on information in a consumer report (for example, a larger security deposit), additional risk-based pricing notice obligations under FCRA § 615(h) may apply.
Properly Dispose of Consumer Report Information
The FCRA Disposal Rule requires that you take reasonable measures to protect against unauthorized access to or use of consumer report information when disposing of it. Reasonable measures include burning, pulverizing, or shredding paper documents, and securely erasing or destroying electronic media so the information cannot be read or reconstructed.
Prohibited Uses and Non-Discrimination
You may not use consumer report information in a manner that violates federal or state equal opportunity or fair housing laws. Screening decisions must comply with the Fair Housing Act and all applicable state and local regulations, including limitations on the use of criminal or eviction history where such laws apply.
Obtaining the Full FCRA Text
This notice is a summary provided for compliance convenience. The complete requirements of the FCRA and detailed guidance for users of consumer reports are published by the Consumer Financial Protection Bureau.
Consumer Financial Protection Bureau (consumerfinance.gov)