September 1998

When you find a house or apartment that you would like to rent, the landlord or public housing authority will want to know if you will pay the rent.  Some landlords will check your credit history from a consumer reporting agency before they rent to you.  A landlord may refuse to rent to you if you have a poor credit history.  The Fair Credit Reporting Act says a landlord must give you some details if he or she won't rent to you or charges you a higher deposit based on a credit report.
 
If the landlord makes a decision based on what the consumer reporting agency told him or her, then the landlord must tell you the items listed below.

1. The landlord must tell you what negative action he or she has taken. This might be refusing to rent to you.
2. This landlord must give the name, address, and tele-phone number of the consumer reporting agency that gave him or her your credit report. This must include their toll-free number if it is a nationwide agency.
3. The landlord must say it was not the consumer reporting agency that made the decision not to rent to you.  You must be told that the agency cannot tell you why the landlord made the decision.
4. You must be told that you have a right to obtain a free copy of the consumer report your landlord got.  You must ask for the copy within 60 days of being notified by the landlord.
5. You must be told that you have the right to dispute the accuracy or completeness of your credit report with the consumer reporting agency.

If your landlord fails to tell you these things or if the consumer reporting agency has given wrong information to the landlord, then you can take certain steps.  You can try to correct the inaccurate or wrong information.  You may be able to get damages to pay you for any harm you may have suffered.
 
Sometimes a landlord's decision not to rent is based on information from a source other than a consumer reporting agency.  In such cases, the law does not clearly say if notice has to be given to you.  Should a landlord refuse to rent to you and not say why, you may want to ask for the reason.  If the landlord won't tell you why, you may want to talk to a lawyer to find out if you have the right to be told the reasons.

You cannot force the landlord to change the decision even if it was based on wrong information.  You can, however, ask the landlord to reconsider the decision after you provide the correct information.  For example, you may have not paid a debt because you didn't think you owed the money.  But the fact you did not pay the bill may be on your credit report.  Perhaps the unpaid bills were for things other than rent.  You could explain that you always paid the rent, but sometimes had to pay other bills more slowly.
 
The Fair Credit Reporting Act gives you the chance to know what the landlord found out about you.  Then you have a chance to tell your side of the story.
 
You may think your landlord, public housing authority, or a consumer reporting agency has violated your rights.  Then you should contact your local Iowa Legal Aid office to see if you can get help.  Assisting clients with the basic need for shelter is a priority for Iowa Legal Aid.  Call 1-800-532-1275 to find out which office serves your county.