As part of recent updates to tenant screening in Innago, many users have transitioned to Experian powered reports.
Because the credit bureau Experian follows strict federal, state, and local compliance regulations, some criminal or background information that may have appeared on previous reports may no longer be included in certain screening results.
This means you may occasionally receive an application report with limited or no criminal/background details. In many cases, this is due to legal reporting restrictions and compliance requirements, not missing data or an error with the application.
Why This Happens
Experian applies reporting standards designed to comply with evolving consumer privacy and fair housing laws. Depending on the applicant’s state or local regulations, some records may be restricted from appearing on tenant screening reports.
As a result, screening data may look different from what you were previously accustomed to seeing through TransUnion.
While the Fair Credit Reporting Act provides a federal framework, state and local laws impose additional restrictions on what background checks can include.
Certain states limit how far back background checks can go. These “seven-year states” prohibit reporting of non-conviction information older than seven years. These states include California, Kansas, Maryland, Massachusetts, New Hampshire, New Mexico, New York, and Washington.
Other states restrict the reporting of certain types of records, such as:
- California prohibits reporting non-felony marijuana convictions older than two years
- Georgia restricts first offender discharge or treatment cases
- Kentucky and Louisiana prohibit the reporting of open or pending cases
- Virginia restricts the reporting of personal marijuana consumption records that are not listed as criminal
Salary restrictions also affect background screening in some states. For example, in New York, Maryland, and Washington, have salary thresholds and unless the candidate’s expected salary meets or exceeds those amounts information returned may be limited to no more than seven years.
Important Reminder
Tenant screening reports should be used as just one part of your approval process.
We always recommend completing your own due diligence, including:
- Verifying income and employment
- Contacting previous landlords
- Reviewing rental history
Innago remains committed to providing reliable screening tools while helping landlords stay compliant with applicable housing and consumer reporting laws.
