About Screening Criteria

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Message to Applicant / Screening Criteria

LeaseRunner provides a textbox where you can type a message to your applicant or disclosure of your screening criteria to your applicant, as pictured below. Learn more about state-specific screening criteria disclosures below.

State-Specific Screening Criteria Disclosures

Some states require that certain screening criteria disclosures be made to applicants at the time the applicant applies for housing. These states include the District of Columbia, Texas, Utah, and Washington.
 

District of Columbia

D.C. ACT 21-677 states as follows:
Sec. 3. Inquiries into certain arrests, accusations, and convictions.

  1. (a) A housing provider may not make an inquiry about or consider a previous arrest of the applicant if the arrest did not result in a conviction.
  2. (b)
    1. (1) Before making a conditional offer, a housing provider may not make an inquiry about or require an applicant to disclose or reveal a pending criminal accusation or criminal conviction.
    2. (2) Notwithstanding paragraph (1) of this subsection, a housing provider may have an applicant complete and sign all required paperwork authorizing the housing provider to perform an inquiry or any other check related to the eligibility criteria the housing provider may use in deciding whether to rent or lease to an applicant.
  3. (c)
    1. (1) Before accepting an application fee, a housing provider must disclose, in writing, to the applicant:
      1. (A) The eligibility criteria, including the financial, employment, criminal, and rental history criteria, used in deciding whether to rent or lease to the applicant; and
      2. (B) A statement that the applicant may provide evidence demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.
  4. (d) After making a conditional offer, a housing provider may only consider a pending criminal accusation or criminal conviction that has occurred within the past 7 years when the pending criminal accusation or criminal conviction is for one or more of the following crimes, whether committed in the District of Columbia or any other state, or the United States: http://lims.dccouncil.us/Download/35646/B21-0706-SignedAct.pdf

Sec. 4. Exclusions. This act shall not apply: (l) To a housing provider that owns and occupies a housing accommodation that includes 3 or fewer rental units; (2) Where a federal law or regulation or District law requires the consideration of an applicant's criminal history for the purposes of obtaining a housing accommodation; or (3) Where a federal law or regulation or District law otherwise allows for denial of an applicant due to certain criminal convictions.
 

Texas

Tex. Prop. Code § 92.3515. Notice Of Eligibility Requirements states as follows:

  1. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's:
    1. (1) criminal history;
    2. (2) previous rental history;
    3. (3) current income;
    4. (4) credit history; or
    5. (5) failure to provide accurate or complete information on the application form.
  2. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant.
  3. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded."
  4. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print.
  5. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit.
  6. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant.
  7.  

 

Utah

U.C.A. § 57-22-4, Owner's Duties, states as follows:

  1. (3) Before an owner and a prospective renter enter into a rental agreement, the owner shall:
    1. (a) provide the prospective renter a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear;
    2. (b)furnish the renter a form to document the condition of the residential rental unit and then allow the resident a reasonable time after the renter's occupancy of the residential rental unit to complete and return the form; or
    3. (c) provide the prospective renter an opportunity to conduct a walkthrough inspection of the residential rental unit.
  2. (4) At or before the commencement of the rental term under a rental agreement, an owner shall:
    1. (a) disclose in writing to the renter:
      1. (i) the owner's name, address, and telephone number; or
      2. (ii)
        1. (A) the name, address, and telephone number of any person authorized to manage the residential rental unit; or
        2. (B) the name, address, and telephone number of any person authorized to act for and on behalf of the owner for purposes of receiving notice under this chapter or performing the owner's duties under this chapter or under the rental agreement, if the person authorized to manage the residential rental unit does not have authority to receive notice under this chapter; and
      (b)provide the renter:
      1. (i) an executed copy of the rental agreement, if the rental agreement is a written agreement; and
      2. (ii) a copy of any rules and regulations applicable to the residential rental unit.
  3. (5)
    1. (a) An owner shall disclose in writing to an applicant for a residential rental unit:
      1. (i) if there is an anticipated availability in the residential rental unit; and
      2. (ii) the criteria that the owner will review as a condition of accepting the applicant as a tenant in the residential rental unit, including criteria related to the applicant's criminal history, credit, income, employment, or rental history.
    2. (b) An owner may not accept a rental application from an applicant, or charge an applicant a rental application fee, before the owner complies with the disclosure requirement in Subsection (5)(a).
  4. (6) An owner's failure to comply with a requirement of Subsection (2), (3), (4), or (5) may not:
    1. (a) be used by the renter as a basis to excuse the renter's compliance with a rental agreement; or
    2. (b) give rise to any cause of action against the owner.
    3.  

Washington

RWC § 59.18.257 states as follows:

  1. (3) Before an owner and a prospective renter enter into a rental agreement, the owner shall:
    1. (a) provide the prospective renter a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear;
    2. (b) furnish the renter a form to document the condition of the residential rental unit and then allow the resident a reasonable time after the renter's occupancy of the residential rental unit to complete and return the form; or
    3. (c) provide the prospective renter an opportunity to conduct a walkthrough inspection of the residential rental unit.
  2. (4) At or before the commencement of the rental term under a rental agreement, an owner shall:
    1. (a) disclose in writing to the renter:
      1. (i) the owner's name, address, and telephone number; or
      2. (ii)
        1. (A) the name, address, and telephone number of any person authorized to manage the residential rental unit; or
        2. (B) the name, address, and telephone number of any person authorized to act for and on behalf of the owner for purposes of receiving notice under this chapter or performing the owner's duties under this chapter or under the rental agreement, if the person authorized to manage the residential rental unit does not have authority to receive notice under this chapter; and
      3. (b) provide the renter:
        1. (i) an executed copy of the rental agreement, if the rental agreement is a written agreement; and
        2. (ii) a copy of any rules and regulations applicable to the residential rental unit.
  3. (5)
    1. (a) An owner shall disclose in writing to an applicant for a residential rental unit:
      1. (i) if there is an anticipated availability in the residential rental unit; and
      2. (ii) the criteria that the owner will review as a condition of accepting the applicant as a tenant in the residential rental unit, including criteria related to the applicant's criminal history, credit, income, employment, or rental history.
    2. (b) An owner may not accept a rental application from an applicant, or charge an applicant a rental application fee, before the owner complies with the disclosure requirement in Subsection (5)(a).
  4. (6) An owner's failure to comply with a requirement of Subsection (2), (3), [or] (4), or (5) may not:
    1. (a) be used by the renter as a basis to excuse the renter's compliance with a rental agreement; or
    2. (b) give rise to any cause of action against the owner.
    1. (1)
      1. (a) Prior to obtaining any information about a prospective tenant, the prospective landlord shall first notify the prospective tenant in writing, or by posting, of the following:
        1. (i) What types of information will be accessed to conduct the tenant screening;
        2. (ii) What criteria may result in denial of the application;
        3. (iii) If a consumer report is used, the name and address of the consumer reporting agency and the prospective tenant's rights to obtain a free copy of the consumer report in the event of a denial or other adverse action, and to dispute the accuracy of information appearing in the consumer report; and
        4. (iv) Whether or not the landlord will accept a comprehensive reusable tenant screening report made available to the landlord by a consumer reporting agency. If the landlord indicates its willingness to accept a comprehensive reusable tenant screening report, the landlord may access the landlord's own tenant screening report regarding a prospective tenant as long as the prospective tenant is not charged for the landlord's own tenant screening report.
      2. (b)
        1. (i) The landlord may charge a prospective tenant for costs incurred in obtaining a tenant screening report only if the prospective landlord provides the information as required in (a) of this subsection.
        2. (ii) If a prospective landlord conducts his or her own screening of tenants, the prospective landlord may charge his or her actual costs in obtaining the background information only if the prospective landlord provides the information as required in (a) of this subsection. The amount charged may not exceed the customary costs charged by a screening service in the general area. The prospective landlord's actual costs include costs incurred for long distance phone calls and for time spent calling landlords, employers, and financial institutions.
      3. (c) If a prospective landlord takes an adverse action, the prospective landlord shall provide a written notice of the adverse action to the prospective tenant that states the reasons for the adverse action. The adverse action notice must contain the following information in a substantially similar format, including additional information as may be required under chapter 19.182 RCW:
        "ADVERSE ACTION NOTICE
        Name
        Address
        City/State/Zip Code
        This notice is to inform you that your application has been:
        ..... Rejected
        ..... Approved with conditions:
        ..... Residency requires an increased deposit
        ..... Residency requires a qualified guarantor
        ..... Residency requires last month's rent
        ..... Residency requires an increased monthly rent of $........
        ..... Other:
        Adverse action on your application was based on the following:
        ..... Information contained in a consumer report (The prospective landlord must include the name, address, and phone number of the consumer reporting agency that furnished the consumer report that contributed to the adverse action.)
        ..... The consumer credit report did not contain sufficient information
        ..... Information received from previous rental history or reference
        ..... Information received in a criminal record
        ..... Information received in a civil record
        ..... Information received from an employment verification
        Dated this ..... day of ........, ....(year)
        Agent/Owner Signature"
    2. (2) Any landlord who maintains a web site advertising the rental of a dwelling unit or as a source of information for current or prospective tenants must include a statement on the property's home page stating whether or not the landlord will accept a comprehensive reusable tenant screening report made available to the landlord by a consumer reporting agency. If the landlord indicates its willingness to accept a comprehensive reusable tenant screening report, the landlord may access the landlord's own tenant screening report regarding a prospective tenant as long as the prospective tenant is not charged for the landlord's own tenant screening report.
    3. (3) Any landlord or prospective landlord who violates subsection (1) of this section may be liable to the prospective tenant for an amount not to exceed one hundred dollars. The prevailing party may also recover court costs and reasonable attorneys' fees.
    4. (4) This section does not limit a prospective tenant's rights or the duties of a screening service as otherwise provided in chapter 19.182 RCW.

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