Housing FIRST Act

Section 603(h) of the Fair Credit Reporting Act (15 U.S.C. 1681a(h)) is amended—

(1) by inserting Employment Purposes and Tenant Screening Purposes.— before The term;

(2) by striking The term and inserting the following:

The term; and

(3) by adding at the end the following new paragraph:

The term tenant screening purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for rental housing or retention as a renter or tenant.

The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended—

(1) in section 603—

(A) in subsection (d)(1)(B), by inserting or tenant screening purposes after employment purposes; and

(B) in subsection (k)—

(i) in clause (iii), by striking and at the end;

(ii) in clause (iv)(II), by striking the period at the end and inserting; and; 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 after employment purposes;

(3) in section 605A(i)(4)(I), by striking employment, tenant, or background screening purposes and inserting employment purposes, tenant screening purposes, or background screening purposes;

(4) in section 606(d)(2)—

(A) by inserting or tenant screening purposes after employment purposes;

(B) by striking of the consumer and inserting of the consumer, or by a housing provider or a prospective housing provider (as applicable); and

(C) by inserting or fair housing after equal employment opportunity;

(5) in section 609(a)(3)(A)(i), by inserting or tenant screening purposes after employment purposes; and

(6) in section 613—

(A) in the section heading, by inserting or tenant screening purposes after employment purposes; and

(B) in subsection (a)—

(i) in the matter preceding paragraph (1), by inserting or tenant screening purposes after employment purposes; and

(ii) by inserting or rental housing, as applicable, after obtain employment each place it appears.

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.

(1) in the subsection heading, by inserting or tenant screening purposes after employment purposes;

(2) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by inserting or tenant screening purposes after employment purposes; and

(B) in subparagraph (A)(ii), by inserting or fair housing after equal employment opportunity;

(3) in paragraph (2)(A)—

(A) in the matter preceding clause (i), by inserting or tenant screening purposes after employment purposes; and

(B) in clause (i), by inserting or tenant screening purposes after employment purposes; and

(4) in paragraph (3)(A), by inserting or tenant screening purposes after employment 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.

(1) by inserting the time after which after relating to; and

(2) by inserting becomes obsolete after consumer reports.

(1) in subparagraph (A), by striking this section and inserting this subsection; and

(2) in subparagraph (B), by striking This section and inserting This subsection.