Known Restrictions
by jurisdiction
Some states, counties, and localities have enacted laws to protect consumers applying for a tenancy. On this page, we list known restrictions prohibiting the provision and use of certain reports TransUnion® can provide when applying for a tenancy in any of these jurisdictions. This will result in non-receipt of only the specific prohibited report as per the applicable enacted legislation.
When using secure server access to apply for a tenancy, SoftScreen® will always provide all consumer reports permitted for use along with the Rental Application, Secure Encrypted Document Upload, and the ability to provide banking transaction data.
If generating reports without specifying or selecting an address (not applying to rent), TransUnion® will return all reports directly to the consumer. Potential tenants always receive their own information. However, when applying to rent property within one of the specified jurisdictions, restricted reports will not be provided to either the applicant or the listing agent and/or landlord.
A Landlord, Lessor, Sub-Lessor, or Grantor should not request copies of the specifically restricted reports when screening applicants for a tenancy within the jurisdictions identified below. Tenants are under no obligation and should NOT provide the prohibited reports when applying to rent.
Please note: In all instances, SoftScreen® is NOT a landlord, lessor, sub-lessor, or grantor.
FLORIDA
Miami-Dade County: limitations on eviction screening reports
As per the requirements outlined by Miami-Dade County’s Tenant’s Bill of Rights, eviction records for rental applications where the property address is in Miami-Dade County, Florida, will no longer be returned as of November 2022.
ILLINOIS
Cook County: limitations on criminal background rental screening reports
The requirements outlined by The Just Housing in Cook County, Illinois, which regulates when during the screening process, describe how inquiries can or cannot be made regarding an applicant’s covered criminal history. Due to the requirements of the legislation and the limitations of the data, expected to be effective in May 2022, TransUnion will no longer return criminal records for rental applications where the property address is in Cook County, Illinois.
MASSACHUSETTS
The Commonwealth of Massachusetts does not participate in the national instant criminal records database. TransUnion® is unable to return criminal records data from the Commonwealth of Massachusetts. TransUnion® WILL return criminal records from all other participating states.
For information on obtaining Criminal Offender Record Information in the Commonwealth of Massachusetts, please visit:
https://www.mass.gov/massachusetts-criminal-offender-record-information-cori
NEW JERSEY
limitations on criminal background rental screening reports
The New Jersey State Legislature passed S250/A1919, the “Fair Chance in Housing Act.” This legislation is effective as of January 1, 2022.
The legislation establishes certain housing rights for persons with criminal records. It also includes many requirements regarding the use of criminal records in tenant screening, including timeframe requirements based on the degree of the offense. Due to the requirements of the legislation, effective January 4, 2022, TransUnion will discontinue providing criminal reports for tenant screening queries associated with rental applications to properties located in the state of New Jersey.
NEW YORK
fee limitations for credit and criminal background rental screening reports and prohibition on eviction screening reports
As per New York State's "Housing Stability and Tenant Protection act of 2019," when applying for a tenancy, you have the ability to provide copies of your own credit and background check conducted within the past 30 days. It is possible that a Landlord, Lessor, Sub-Lessor, or Grantor will be unwilling to accept your SoftScreen® certified TransUnion® reports, wishing instead to perform their own credit and background check. Should this be the case, the Landlord, Lessor, Sub-Lessor, or Grantor may not collect the fee or fees for performing their own background and credit check unless the landlord, lessor, sub-lessor, or grantor provides you, the potential tenant, with a copy of the background check or credit check and the receipt or invoice from the entity conducting the background check or credit check. The fee charged by the Landlord, Lessor, Sub-Lessor, or Grantor may not exceed the actual cost of the background check and credit check or twenty dollars, whichever is less.
PLEASE NOTE:
Credit checks performed by a Landlord, Lessor, Sub-Lessor, or Grantor MIGHT be a hard inquiry that would lower your credit score. A record of the inquiry would then remain on your credit report for a period of 24 months.
ADDITIONAL INFORMATION REGARDING EVICTION SCREENING DATA AND NEW YORK STATE:
New York State's “Housing Stability and Tenant Protection act of 2019” does not permit New York's unified court system to sell any data regarding judicial proceedings related to residential tenancy, rent, or eviction to any third party. Such prohibition includes data collected, stored, or utilized by any third-party vendors who have contracts with the unified court system. A Landlord, Lessor, Sub-Lessor, or Grantor is prohibited from utilizing eviction screening data when considering an application for a tenancy. TransUnion® will be UNABLE to provide eviction screening data when utilizing SoftScreen® secure server access to share or distribute reports for any property in New York State.
In accordance with New York State's "Housing Stability and Tenant Protection act of 2019"
§ 238-a. Limitation on fees. In relation to a residential dwelling unit:
1. (a) Except in instances where statutes or regulations provide for a payment, fee or charge, no landlord, lessor, sub-lessor or grantor may demand any payment, fee, or charge for the processing, review or acceptance of an application, or demand any other payment, fee or charge before or at the beginning of the tenancy, except background checks and credit checks as provided by paragraph (b) of this subdivision, provided that this subdivision shall not apply to entrance fees charged by continuing care retirement communities licensed pursuant to article forty-six or forty-six-A of the public health law, assisted living providers licensed pursuant to article forty-six-B of the public health law, adult care facilities licensed pursuant to article seven of the social services law, senior residential communities that have submitted an offering plan to the attorney general, or not-for-profit independent retirement communities that offer personal emergency response,housekeeping, transportation and meals to their residents.
(b) A landlord, lessor, sub-lessor or grantor may charge a fee or fees to reimburse costs associated with conducting a background check and credit check, provided the cumulative fee or fees for such checks is no more than the actual cost of the background check and credit check or twenty dollars, whichever is less, and the landlord, lessor, sub-lessor or grantor shall waive the fee or fees if the potential tenant provides a copy of a background check or credit check conducted within the past thirty days. The landlord, lessor, sub-lessor or grantor may not collect the fee or fees unless the landlord, lessor, sub-lessor or grantor provides the potential tenant with a copy of the background check or credit check and the receipt or invoice from the entity conducting the background check or credit check.
2. No landlord, lessor, sub-lessor or grantor may demand any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within five days of the date it was due, and such payment, fee, or charge shall not exceed fifty dollars or five percent of the monthly rent, whichever is less.
3. Any provision of a lease or contract waiving or limiting the provisions of this section shall be void as against public policy.