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Old 11-18-2011, 12:52 PM
 
Location: Earth
1,480 posts, read 2,950,689 times
Reputation: 1374

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Quote:
Originally Posted by mdcrim View Post
We can't even get a credit report on potential tenants anymore. We have to call a company who provides us a credit score and gives us a synopsis of a persons debts, delinquencies, etc.
The company I used to work for switched to a scoring system like this when I was there. It's not the credit score we would get, but a score that factors in credit along with the information from the application that we would enter in, like income. My opinion is that it reduces liability for discrimination when you take the decision making process away from the manager on site and automate it. I'm sure the lawyers love it, but in reality a little human judgement is better when it comes to finding good tenants - depending on the human of course.
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Old 11-18-2011, 01:57 PM
 
3,782 posts, read 4,689,878 times
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Quote:
Originally Posted by Eastern Roamer View Post
And do what? Is there a law that says a landlord has to run your credit report? The fee is to "process the application" however they see fit.

Eviction is a judgement on public record; I don't need to run your credit to see if you've been evicted (locally, anyway), nor do I need to run it to find out you've got a criminal record. An application could be stopped for any number of reasons before the credit gets pulled and they still have to pay someone to sit there all day answering phones, showing apartments, and taking applications, etc. So what if they "pocket your app fee"?
You can alot of things, depending on how important it is to you, how much aggravation you are willing to go through etc. You can sue for it back if the add said the fee was to be used for a credit check fee, or if it is called a credit check fee. You can file a claim for discrimination with HUD if you think the person didn't run your credit for this reason. You can file a complaint with the real estate comission if you think the person didn't take the fee in good faith.
Bottom line is if you think the person taking your fee isn't acting in good faith or falsely advertised what the fee is for there are plenty of avenues for getting it back or getting some kind of sanction against the scammer.
It is well known scame in NYC and other places for brokers to take app fees on non existant properties. It is also well known that many landlords and property managers take app fees when they have no intention of renting a unit, sometimes having already rented a unit.
Your post implies everyone should just lie down and take this, but I disagree.
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Old 11-18-2011, 02:09 PM
 
2,951 posts, read 2,198,712 times
Reputation: 2171
Quote:
Originally Posted by knorthrup20 View Post
If a landlord charges you to run a background and credit check, are they required to show you the results if you ask for them?


I understand we are living in precarious times but I wouldn't. I would wish you luck in your rental search and move on to the next applicant. You can go online to find out if a property is in foreclosure.
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Old 11-18-2011, 10:48 PM
 
Location: The not so Wild West
966 posts, read 1,684,125 times
Reputation: 1379
As a LL what I prefer to do is have the applicant pull their own credit report which they can do for free - or via the Trans Union service which is I think $25, then I can reduce or eliminate an application fee.

Also most important is either way this results in a self iniciated "soft inquiry" on their credit so it doesn't hurt their rating.

Yes, someone whit great photoshop skills and the right fonts and a LOT of free time could fake the reports - but if I suspect fraud I will either deny right then or go ahead an pull my own report.

As a legitimate LL, even of a single dwelling you can sign up for credit reporting access with many companies. The new laws require you to have a separate office (home office OK) that locks. A locking cabinet for records, and a shredder. I think that's all. The thing I don't like is you have to pay like $60 for an "inspection" fee to be authorized. So I use the other method.
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Old 11-19-2011, 08:01 AM
 
2,951 posts, read 2,198,712 times
Reputation: 2171
Quote:
Originally Posted by goodlife36 View Post
I understand we are living in precarious times but I wouldn't. I would wish you luck in your rental search and move on to the next applicant. You can go online to find out if a property is in foreclosure.
I misunderstood the question. Please disregard.
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Old 11-21-2011, 07:50 AM
 
Location: Earth
1,480 posts, read 2,950,689 times
Reputation: 1374
Quote:
Originally Posted by jdm2008 View Post
It is well known scame in NYC and other places for brokers to take app fees on non existant properties. It is also well known that many landlords and property managers take app fees when they have no intention of renting a unit, sometimes having already rented a unit.
Your post implies everyone should just lie down and take this, but I disagree.
I hadn't thought about people just taking app fees as a scam. You're absolutely right - those people need to be called out for what they are.

However, I have taken applications that I knew would be denied before the applicant walked out the door. You can't discourage someone from applying because that will get you into trouble. All you can do is explain the criteria and let them decide if they want to try their luck.
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Old 08-03-2012, 03:54 AM
 
1 posts, read 964 times
Reputation: 10
My adult daughter and I are interested in renting a lovely apartment and we each paid $30.00 for criminal background and credit check. My daughter of 28 came excellent and I am 51 and have a sealed misdemeanor criminal record dating 13 years ago and this sealed information is concealed to the public and private sector. The prospective landlord got a hold of this information that my lawyer said that who ever give out a sealed information did it illegally. If I do not get the apartment can I sue for such action taken in the way my criminal record was produce to the public view or she had a law enforcement did the investigation. She did mention to me all the info in the record that is sealed. I was charged of poss. of a firearm and having a expired gun card. I live in Illinois.
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Old 08-03-2012, 06:29 AM
 
4,789 posts, read 6,307,474 times
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Quote:
Originally Posted by jcsanchez View Post
My adult daughter and I are interested in renting a lovely apartment and we each paid $30.00 for criminal background and credit check. My daughter of 28 came excellent and I am 51 and have a sealed misdemeanor criminal record dating 13 years ago and this sealed information is concealed to the public and private sector. The prospective landlord got a hold of this information that my lawyer said that who ever give out a sealed information did it illegally. If I do not get the apartment can I sue for such action taken in the way my criminal record was produce to the public view or she had a law enforcement did the investigation. She did mention to me all the info in the record that is sealed. I was charged of poss. of a firearm and having a expired gun card. I live in Illinois.

And what did your lawyer say when you asked him the same questions?
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Old 08-03-2012, 09:58 AM
 
4,919 posts, read 10,670,129 times
Reputation: 5788
Quote:
Originally Posted by jcsanchez View Post
The prospective landlord got a hold of this information that my lawyer said that who ever give out a sealed information did it illegally. If I do not get the apartment can I sue for such action taken in the way my criminal record was produce to the public view or she had a law enforcement did the investigation.
If a licensed private background checking company was used to produce the background information, they are only providing what is publicly available and what was provided by official sources. They are not in the business of babysitting those official soucres (police, courts, etc) and if the information was provided to them, they are just passing alomng what the police or courts provided to them. Sounds like your beef is with the polic or courts as they are the keepers of the records.

However, if they used a Data Broker, any and everything that is availble on you can be provides since they are not running investigative reports, they are simple providing data based on a set of information. It could be everything on a person with your name ,address, social security number, date of birth, or it could be every IP address that visisted KinkyWeirdos,com. If that information was every ay anytime available before being sealed, or was ina newspaper article, or any number of places it was mentioned, so long as they are providing the basis of the info, they are protected from any claims cause they are simply a printed Google type search engine. They have no requiresn to expunge or seal anything because all it is is information. Welcome to the world of everyone wanting the internet to be free of controls.
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Old 08-03-2012, 12:13 PM
 
832 posts, read 1,741,690 times
Reputation: 1582
Quote:
Originally Posted by jcsanchez View Post
If I do not get the apartment can I sue for such action taken in the way my criminal record was produce to the public view or she had a law enforcement did the investigation. She did mention to me all the info in the record that is sealed. I was charged of poss. of a firearm and having a expired gun card. I live in Illinois.
Who exactly are you trying to sue... and for what????

Even if the information should not have been shared, it is not the fault of the landlord for acquiring it. I highly doubt the landlord hacked into some government computer to acquire this information illegally.

From a few sentences, I get the feeling that you come off as entitled and sue-happy. Two traits that would make me not rent to you, above and over the firearm charges.
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