An eviction record can make it hard to rent a place, and for some renters it keeps showing up long after the case is over. Others find an eviction on their report that was dismissed, was never theirs, or is simply too old. Knowing the time limits, and how to challenge a record, can make a real difference.
The general reporting limit
Under the Fair Credit Reporting Act (FCRA), consumer reporting agencies generally cannot report most civil lawsuits and civil judgments, or other adverse items, once they are more than seven years old. The seven years is usually counted from a particular date, such as when the case was filed or the judgment was entered, so the clock can be confusing. If you aren’t sure how an old record should be dated, an attorney can review it.
Other types of records follow different rules. For example, the FCRA’s seven-year limit works differently for criminal convictions, and state laws, including New York’s, can add restrictions on what may be reported or used. Don’t assume one number applies to every record on your report.
An eviction filing is not the same as an eviction
A landlord can file an eviction case and the case can end in many ways. It may be dismissed, settled, withdrawn, or decided in your favor. Screening companies that match records automatically sometimes report a filing as if it were a completed eviction. If that happened to you, it is a factual error you can dispute, even if the record is recent.
Common eviction-related errors
- A dismissed or withdrawn case reported as an eviction
- A record for someone with a similar name or the same address
- The same case reported more than once
- A record that is past the legal reporting period
- A paid or settled case reported as unpaid
- A record that should have been sealed or removed
How to challenge an eviction record
- Get your report. Request your full file from the screening company, not just a summary
- Pull the court record. Get the docket and the final disposition from the court so you can compare it line by line
- Dispute in writing. Send a written dispute that points out each problem and includes supporting documents such as a dismissal order. Send it by certified mail and keep copies
- Wait for the investigation. The company generally has about 30 days to investigate, and must correct or remove information that is inaccurate or can’t be verified
- Check again. After the dispute, get a fresh report to make sure the correction was made and the record hasn’t reappeared
What if the company keeps reporting it?
Screening companies must follow reasonable procedures to report accurately, and they must reinvestigate disputes. If a company keeps reporting a record that is wrong or past its legal limit, or the error comes back after it was removed, it may have violated the FCRA. Depending on the violation, you may be able to recover actual damages such as application fees and higher housing costs, emotional distress damages, statutory damages for willful violations, punitive damages in some cases, and attorney’s fees and costs.
Get help
If an old or inaccurate record is costing you housing, you don’t have to accept it. Dolgora Law PLLC helps New Yorkers fight tenant screening errors and hold screening companies accountable. Contact us for a free case evaluation.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
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