Housing FIRST Act

To amend the Fair Credit Reporting Act to prohibit consumer reporting agencies that furnish consumer reports for tenant screening purposes from providing certain information, to establish duties of users of consumer reports for housing purposes, and for other purposes. 1. Short title This Act may be cited as the Housing for Formerly Incarcerated Reentry and Stable Tenancy Act Housing FIRST Act 2. Definition of tenant screening purposes (a) Definition of tenant screening purposes Section 603(h) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(h) (1) by inserting Employment Purposes and Tenant Screening Purposes.— The term (2) by striking The term (1) Employment purposes The term ; and (3) by adding at the end the following new paragraph: (2) Tenant screening purposes The term tenant screening purposes . (b) Conforming amendments The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. (1) in section 603— (A) in subsection (d)(1)(B), by inserting or tenant screening purposes employment purposes (B) in subsection (k)— (i) in clause (iii), by striking and (ii) in clause (iv)(II), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (v) a denial of housing or any other decision related to the provision of rental housing that adversely affects any current or prospective tenant or renter. ; (2) in section 604(a)(3)(B), by inserting or tenant screening purposes employment purposes (3) in section 605A(i)(4)(I), by striking employment, tenant, or background screening purposes employment purposes, tenant screening purposes, or background screening purposes (4) in section 606(d)(2)— (A) by inserting or tenant screening purposes employment purposes (B) by striking of the consumer of the consumer, or by a housing provider or a prospective housing provider (as applicable) (C) by inserting or fair housing equal employment opportunity (5) in section 609(a)(3)(A)(i), by inserting or tenant screening purposes employment purposes (6) in section 613— (A) in the section heading, by inserting or tenant screening purposes employment purposes (B) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting or tenant screening purposes employment purposes (ii) by inserting or rental housing, as applicable, obtain employment 3. Prohibition on information included in consumer reports furnished for tenant screening purposes The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. 605D. Consumer reports for tenant screening purposes A consumer reporting agency that furnishes a consumer report for tenant screening purposes shall not include any information relating to the following: (1) A record for an arrest. (2) Any juvenile adjudication or conviction, including convictions or adjudications in which a juvenile was tried as an adult. (3) Non-criminal citations by State or local law enforcement agencies. (4) Any criminal case resolved through successful completion of diversion, deferred adjudication, deferred entry of judgment, drug court, or a similar judicial program established under State law. (5) A conviction for which— (A) the consumer was sentenced and for which the consumer has completed the sentence; or (B) the consumer is on probation or parole. (6) An offense or offenses related to fees or back payments associated with court costs or incarceration. (7) A record of a conviction or arrest that has been expunged, sealed, vacated, set aside, or subject to similar relief, or any conviction for which a consumer has been pardoned or granted clemency. . 4. Conditions for furnishing and using consumer reports for tenant screening purposes Section 604(b) of the Fair Credit Reporting Act ( 15 U.S.C. 1681b(b) (1) in the subsection heading, by inserting or tenant screening purposes employment purposes (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting or tenant screening purposes employment purposes (B) in subparagraph (A)(ii), by inserting or fair housing equal employment opportunity (3) in paragraph (2)(A)— (A) in the matter preceding clause (i), by inserting or tenant screening purposes employment purposes (B) in clause (i), by inserting or tenant screening purposes employment purposes (4) in paragraph (3)(A), by inserting or tenant screening purposes employment purposes 5. Clarification for sources of information Section 609(a)(2) of the Fair Credit Reporting Act ( 15 U.S.C. 1681g(a)(2) (including any entity from whom the consumer reporting agency received such information) the information 6. Duties of users of consumer reports for housing purposes Section 615 of the Fair Credit Reporting Act ( 15 U.S.C. 1681m (i) Duties of users for tenant screening purposes If a person who has procured a consumer report of a consumer for tenant screening purposes or takes any adverse action, including denial of rental housing, against such consumer based wholly or in part on the report, the person— (1) shall provide to the consumer to whom the report relates a notice containing the information described in subsection (a) within 3 days after such adverse action; and (2) shall provide the specific reasons for such adverse action, including the information contained in the consumer report that resulted in the adverse action. . 7. Prohibition on State regulation of time limits for information excluded from consumer reports Section 625(b)(1)(E) of the Fair Credit Reporting Act ( 15 U.S.C. 1681t(b)(1)(E) (1) by inserting the time after which relating to (2) by inserting becomes obsolete consumer reports 8. Additional exclusion of information from consumer reports Section 605(a)(5) of the Fair Credit Reporting Act ( 15 U.S.C. 1681c(a)(5) , other than records of convictions of crimes 9. Technical amendment Section 615(h)(8) of the Fair Credit Reporting Act ( 15 U.S.C. 1681m(h)(8) (1) in subparagraph (A), by striking this section this subsection (2) in subparagraph (B), by striking This section This subsection

Summary: Housing for Formerly Incarcerated Reentry and Stable Tenancy Act or the Housing FIRST Act This bill limits the information allowed to be shared on credit reports and considered in housing decisions, including certain criminal background information. First, the bill prohibits a consumer reporting agency from including specified information on a consumer credit report provided for tenant screening purposes, such as arrests, juvenile adjudications or convictions, civil citations, resolved criminal cases (e.g., through completion of a diversion program), and convictions with completed sentences. Further, the bill restricts the use of consumer credit reports for tenant screening. A person who obtains such a report must not use it in violation of fair housing laws and must disclose its use to the consumer. When taking adverse action based on the report, a person must provide the consumer with a copy of the report, the specific reasons for the adverse action, and other information. The bill also specifies that upon request, consumer reporting agencies must disclose to a consumer the entity that is the source of any information on a consumer credit report. Finally, the bill excludes from consumer credit reports criminal convictions older than seven years.