Tenant Screening & Lease Agreements Flashcards
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Read the first 7 Tenant Screening & Lease Agreements flashcards as text
Under the FCRA, why may a landlord obtain an applicant's consumer report?
Answer: Because the applicant started a rental transaction, which gives the landlord a permissible purpose
A rental application started by the consumer gives the landlord a permissible purpose, and getting written authorization is still best practice.
If an applicant is denied partly because of a credit score, what extra item must the adverse action notice include?
Answer: The credit score that was used and the key factors that hurt it
Dodd-Frank amendments to the FCRA require disclosing the credit score used and its key adverse factors when a score contributes to adverse action.
What occupancy guideline does HUD generally treat as reasonable under the Keating Memorandum?
Answer: Two persons per bedroom, subject to factors like unit size and children's ages
The Keating Memo treats two persons per bedroom as a general guideline while considering unit size, configuration, and other factors.
A rental ad states "Perfect for a single professional." What is the main fair housing concern?
Answer: It may show a preference based on familial status
Phrases that suggest a preference against households with children can violate the FHA's ban on discriminatory advertising based on familial status.
Under the FACTA Disposal Rule, how should a leasing office dispose of applicants' consumer report information?
Answer: Use reasonable measures such as shredding or securely erasing the data
The Disposal Rule requires reasonable steps such as shredding, burning, or wiping data so the information can't be read or rebuilt.
What is the role of a guarantor on a residential lease?
Answer: Guaranteeing payment of the tenant's lease obligations if the tenant defaults, without having occupancy rights
A guarantor promises to cover the tenant's financial obligations but does not gain any right to live in the unit.
An applicant plans to pay rent with a Housing Choice Voucher. Which statement is most accurate?
Answer: Source of income is not a federal protected class, but many state and local laws prohibit refusing vouchers
The federal FHA does not cover source of income, but a growing number of states and cities protect voucher holders from discrimination.
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