FCRA & Screening Compliance
A practical walkthrough of your FCRA obligations when using screening reports, including adverse action.
Screening reports are consumer reports under the FCRA, which imposes specific duties on anyone who uses them.
Before you pull a report
- Have a permissible purpose.
- Get the applicant’s written authorization.
- Use the report only for that purpose.
If you deny based on a report
Follow the adverse-action process: provide a pre-adverse-action notice with a copy of the report and the applicant’s FCRA rights, allow time to dispute, then send an adverse-action notice if you proceed.
Seayora is not a consumer reporting agency and doesn’t make decisions. You’re responsible for compliance — consult counsel if unsure.
Record-keeping for FCRA compliance
Keep a record of the applicant’s authorization, the report used, and any adverse-action notices sent — these are exactly what you’d need to produce if a decision were ever challenged.
Frequently asked questions
How long should I keep FCRA-related records?
Retention requirements can vary, but keeping authorization, the report, and any adverse-action notices for the life of the application plus a reasonable buffer is a common practice — check with counsel for your specific obligations.
Can I use the same screening criteria across all my properties?
Yes, and doing so is good practice — consistent, documented criteria applied the same way everywhere is your best protection against a discrimination claim.
Is a verbal denial enough, or do I need it in writing?
FCRA adverse-action notices must be provided to the applicant — a verbal-only denial doesn’t satisfy the notice requirement when a consumer report contributed to the decision.
Related guides
Related features and guides
- Tenant Screening & Background Checks — Documentation. Screening is not available yet — no consumer reporting agency is connected and no fee is charged. How it will work, and the FCRA responsibilities that come with it.
- Fair Housing Basics — Documentation. The core fair-housing rules that apply when advertising, screening, and leasing on Seayora.
- E-Signatures & Audit Trails: A Deeper Look — Documentation. A closer look at what makes an electronic signature legally binding on Seayora, and exactly what the audit trail records.
- FCRA-Compliant Screening — Feature. Tenant screening built to FCRA requirements, including secure applicant-entered data and adverse-action support when you decline an applicant.
- Tenant Screening: What Landlords Need to Know — Guide. How to screen rental applicants fairly and legally — credit and background checks, what you can and can’t consider, and staying compliant with the FCRA and Fair Housing.
- Compliance Alerts & Required Filings — Feature. Seayora watches your properties for new violations and works out which recurring filings each building owes, turns both into a dated checklist, and emails you when something new appears. Live violation data for New York City; rule-based filing obligations across the NYC metro.