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Practice Area · Tenant Screening Errors (FCRA)

Denied an apartment over a wrong screening report?
You have rights.

An eviction that was never yours, a dismissed case still listed as an eviction, or someone else’s criminal record can get your rental application denied before a human ever reviews it. Dolgora Law PLLC helps New York renters correct inaccurate tenant screening reports and pursue claims against the companies that got it wrong.

What This Looks Like

A screening error can cost you the apartment

Landlords and property managers rely on tenant screening companies that compile court records, eviction filings, criminal records, and credit information into a report — often with an automated “approve,” “conditional,” or “decline” recommendation. These systems frequently match records by name alone, so common errors include eviction records that belong to someone else, filings that never resulted in an eviction, cases that were dismissed or sealed but still appear, old records past the legal reporting limit, and wrong address or credit information.

Tenant screening companies are consumer reporting agencies under the Fair Credit Reporting Act (FCRA). They must follow reasonable procedures to report accurately and must investigate your disputes, and a landlord who denies you based on a report must tell you so and identify the company that supplied it. When these rules are broken, you may be entitled to damages, not just a corrected report.

How We Help

What happens when you work with us

01

Identify the report

We help you find out which screening company the landlord used by tracking down the adverse action notice, and request your full report from that company.

02

Find the errors

We compare the report to your actual rental, court, and credit history to pinpoint what is wrong, outdated, dismissed, sealed, or belongs to someone else.

03

Dispute in writing

We prepare a written dispute with supporting documents, such as court dismissal orders, so the screening company has to investigate and correct the report.

04

Check the landlord’s process

We review whether the landlord gave you the required notice after relying on the report to deny or condition your application.

05

Pursue what you are owed

Where the screening company or landlord broke the law, we pursue claims for damages, including housing-related costs.

06

You receive

A corrected report, accountability for those responsible, and compensation for the harm done.

Common Questions

Tenant screening FAQs

What kinds of errors appear on tenant screening reports?
Common errors include evictions or criminal records that belong to someone with a similar name, eviction filings that never resulted in an eviction, dismissed or sealed cases that still appear, old records outside the legal reporting period, and incorrect credit or address information. Even one error can lead to a denial.
Does the FCRA apply to tenant screening reports?
Yes. Reports prepared by third-party screening companies are consumer reports, and the companies that compile them are consumer reporting agencies. They must follow reasonable procedures to ensure accuracy and must investigate your disputes.
What if the landlord just said my application was denied, with no reason given?
If a landlord denies or conditions your application based on a screening report, the FCRA generally requires an adverse action notice identifying the screening company. Ask the landlord for it in writing, then request your report from that company. A failure to give the notice may be a separate violation.
How do I dispute a tenant screening error?
Request your report from the screening company, then dispute each inaccurate item in writing and include supporting documents such as court records or a dismissal order. The company generally has about 30 days to investigate. Keep copies of everything and note the dates.
The eviction record is accurate on its face, but my case was dismissed. Can I dispute it?
Yes. If a report shows a filed case as a completed eviction when it was dismissed, that is a factual error. Dispute it with the screening company and provide the dismissal order.
Can I get compensation for a tenant screening error?
Possibly. Depending on the violation, you may recover actual damages such as application fees and a higher rent, emotional distress damages, statutory damages for willful violations, punitive damages in some cases, and attorney’s fees and costs. An attorney can evaluate what may apply to you.
How much does it cost to work with an attorney?
The FCRA allows a consumer who proves a violation to recover reasonable attorney’s fees from the company that broke the law. Contact us for a free case evaluation to talk about your situation and how fees would work.

See more FAQs on tenant screening errors →

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