What areas are impacted by restrictions?

Eviction reports

• FLORIDA - Miami-Dade County

• NEW YORK - Statewide (see below)

Criminal background reports

• ILLINOIS - Cook County

• CALIFORNIA - Oakland

• DISTRICT OF COLUMBIA

• MICHIGAN - Detroit and Ann Arbor

• NEW JERSEY - Statewide

• MASSACHUSETTS - Criminal reports available without 2 phase screening.

  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 YORK - Eviction reports are NOT available.

• As per New York State's "Housing Stability and Tenant Protection act of 2019," when applying for a tenancy, renters have the ability to provide copies of their 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 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 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. 

• A credit check performed by a Landlord, Lessor, Sub-Lessor, or Grantor could be a hard inquiry that lowers credit score. A record of the inquiry would then remain on the credit report for a period of 24 months. 

• ADDITIONAL INFORMATION REGARDING EVICTION SCREENING DATA AND THE STATE OF NEW YORK:
  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 in the state of New York.

• TransUnion® is UNABLE to provide eviction screening data when applying to rent any property located in the state of New York. 

• 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.