Use Your Adverse Action Notice: Unlock, Dispute, and Win Back Your Rental
Adverse action notices in rentals: what they are and why they matter
When a landlord relies on a tenant screening report or tenant score to make a decision and the outcome is negative, the Fair Credit Reporting Act (FCRA) requires the landlord to send an adverse action notice. The notice is more than a formality—it is your key that unlocks the data used against you. With it, you can get a free copy of the report, learn the factors that hurt your score, and force the screening company to correct errors and notify prior recipients.
Quick Guide (English)
- Save the notice. It should name the screening company (CRA) and tell you about your right to a free file disclosure within 60 days.
- Call and request your report immediately. Ask for the tenant score, cutoff, and key factors used in the decision.
- Dispute errors. Send documents on sealed/expunged records, dismissals, identity mismatches, and outdated public records.
- Ask for deletion and suppression. If an item is wrong or cannot be verified, require removal and reinsertion safeguards.
- Notify the landlord. Provide the corrected report and request reconsideration. Consider complaints to HUD/CFPB and state agencies if rules were ignored.
What counts as “adverse action” in housing
An adverse action is not only a denial. It also includes conditional approvals or terms that are less favorable because of a consumer report. Common examples:
- Denial of the rental application.
- Higher security deposit, higher rent, or a co-signer requirement tied to your report or score.
- Placement on a waitlist or “no units available” after a negative screen.
- Revocation of a pre-approval based on new screening information.
Required contents of an adverse action notice (FCRA)
| Element | What you should see | Why it matters |
|---|---|---|
| CRA name & contact | Full name, address, phone/website of the screening company | Tells you who to contact for the free report and dispute |
| Disclosure of rights | Right to a free copy of your report within 60 days and the right to dispute accuracy | Starts the clock and confirms your dispute pathway |
| Decision statement | That the landlord took adverse action based on info from the CRA | Links the decision to the report—triggering your FCRA rights |
| CRA disclaimer | The CRA didn’t make the decision and can’t explain specific reasons | Prevents runaround: you still get the data; reasons come from factors/score |
| If a credit score was used | Score used, range, date created, source, and key adverse factors | Lets you see whether the number was old, out of range, or miscalculated |
- Full tenant screening report (free within 60 days): addresses, aliases, public records, landlord/eviction data, and tradelines used.
- Tenant score and cutoffs (if scoring was used), plus the top adverse factors and how heavily they were weighted.
- Record sources and dates for criminal and eviction data; whether records were verified with courts or were name-only matches.
- Furnisher identities (who supplied the data): property managers, data brokers, court scrapers.
- Who else got your report recently, so you can ask the CRA to re-notify those parties if items are deleted or corrected.
Step-by-step: using the adverse action notice to get your data fast
- Contact the CRA named in the notice. Ask for your free file disclosure. Provide the file number on the notice if present. Request delivery by email and postal mail for your records.
- Request score details. If a tenant score or credit score was used, ask for the score, score range, date, source, and the key adverse factors. Ask whether the landlord set a minimum cutoff and what it was.
- Ask for a data dictionary. Many CRAs will list which databases they searched and the look-back periods for evictions and criminal records.
- Check accuracy and completeness. Compare names, DOB, addresses, case numbers, and dispositions. Look for mixed-file errors, sealed/expunged items, and dismissed cases wrongly labeled as judgments.
- Dispute in writing. Include copies of court orders, pay-off receipts, or ID documents. Identify the items precisely (report page, section, case number). Request deletion or correction, suppression against reinsertion, and re-notification to anyone who received the report in the last six months.
- Tell the landlord. Send a short letter: “I have disputed errors with the CRA under the FCRA; please reconsider when the corrected report issues.” Ask the property to hold your place for a reasonable period or to evaluate mitigating documentation now (income proof, rental references).
| Event | Deadline | Notes |
|---|---|---|
| Request free report | Within 60 days of the notice | Ask for delivery plus score factors & cutoff |
| CRA reinvestigation | 30 days (up to 45 if you add new evidence) | CRA must verify with sources; unverified items must be deleted |
| Reinsertion protections | Before reinserting, furnisher must certify; CRA must notify you within 5 business days | Ask for suppression flags on recurring records |
| Notice to prior recipients | Promptly after deletion | You can also ask the CRA to send fresh reports to the landlord |
Sample letters you can adapt
Subject: Free File Disclosure and Dispute After Adverse Action
I received an adverse action notice from [Property] dated [MM/DD]. Please provide my free
file disclosure, including tenant score, score range, date and source, the key adverse
factors, and any minimum cutoff reported to the property. I dispute the following items:
[identify items]. These records are inaccurate/obsolete/expunged. Please delete or correct,
suppress reinsertion, and notify all recipients in the last six months. Attachments: [list].
To the landlord (reconsideration)
Subject: Request for Reconsideration and Individualized Review
I am disputing errors with your screening provider under the FCRA. Enclosed are documents
showing my current income and rental history. Please hold my application and reconsider when
the CRA completes its reinvestigation, or evaluate these materials now as part of an
individualized review. Thank you.
Frequent data problems the notice helps you fix
- Mixed files with another consumer of similar name; wrong DOB or addresses.
- Eviction filings reported as if they were judgments or reported beyond local look-back limits.
- Sealed or expunged criminal records that should never appear.
- Outdated debt or paid judgments missing “satisfied” status.
- Opaque tenant scores without factors or with a cutoff not disclosed to the applicant.
- Send the adverse action notice immediately when you deny or condition terms based on a consumer report.
- Include CRA contact, free report rights, and dispute rights; if a credit score was used, include the score, range, date, source, and key adverse factors.
- Document criteria and cutoffs; keep versioned templates for notices.
- Offer a reconsideration path and a brief hold so applicants can correct clear errors.
- Audit vendors for sealing/expungement handling, data update cycles, and reinvestigation performance.
FAQ (English)
1) Is a pre-adverse action notice required in housing like it is in employment?
The FCRA adverse action notice is required after a rental decision based on a consumer report. The FCRA’s pre-adverse step is explicit for employment uses; housing providers commonly go straight to adverse action. Some states or localities add extra disclosure steps—check local rules.
2) What if the notice does not list the tenant score or factors?
If a credit score was used, FCRA requires disclosure of the score and key factors. For a tenant score built by the CRA, you are entitled to the contents of the report and meaningful reasons for the decision; ask the CRA for the score band and adverse factors it provided.
3) How many free reports can I get?
After adverse action, you get at least one free disclosure from that CRA if requested within 60 days. You also have separate annual free credit file rights from the nationwide credit bureaus.
4) How long does a CRA reinvestigation take?
Typically 30 days from receipt of your dispute, extendable to 45 days if you provide additional relevant information during the window.
5) Can deleted items reappear later?
Not without safeguards. Before reinsertion, the furnisher must certify accuracy and the CRA must notify you within five business days. Ask for suppression to prevent automatic repopulation from bulk feeds.
6) The landlord refuses to reconsider after corrections. What next?
Send the corrected report and a short letter requesting review. If refusal persists, consider complaints with your state/local fair-housing agency or HUD (if policy impacts protected classes) and the CFPB or state AG (for data and FCRA issues). You can also evaluate small claims for out-of-pocket losses tied to unlawful reporting.
7) Do I need a lawyer to dispute?
No. But complex cases—identity theft, repeated reinsertion, or damages—benefit from counsel familiar with FCRA and housing law.
8) What if the landlord claims the decision didn’t rely on a consumer report?
Ask for the reasons in writing. If a screening company was used, the FCRA likely applies. Keep emails and the notice; they prove the report influenced the decision.
9) Can the notice be electronic?
Yes, if provided in a form you can keep. Save PDFs and screenshots.
10) Does the notice help with algorithmic bias?
Indirectly. The notice gives you the factors and cutoffs to evaluate whether a model is causing unjustified disparities and to request individualized review and less-discriminatory alternatives.
Legal/technical base (English)
- FCRA “adverse action” requirements — landlords must send a notice when decisions are based on consumer reports. The notice names the CRA, explains your free report (within 60 days) and dispute rights, and, when a credit score is used, discloses the score, range, date, source, and key factors.
- FCRA disputes and reinvestigation — CRAs must conduct a reasonable reinvestigation within about 30 days (45 with new info), delete unverifiable items, and control reinsertion with certification and consumer notification.
- Accuracy duties — CRAs must follow reasonable procedures to assure maximum possible accuracy. Furnishers must report accurately and respond to dispute verifications.
- State and local overlays — many jurisdictions limit reporting of eviction filings, impose timelines for masking criminal records, or require specific denial reasons. Always check your city/state rules.
- Fair-housing considerations — if a scoring policy leads to unjustified disparate impact, it may violate housing discrimination laws even without intent; individualized review can reduce risk.
Conclusion
Your adverse action notice is not the end of the process—it is the beginning of your data rights. Use it to obtain the full screening report, the score and factors, and the sources behind each record. Dispute inaccuracies, demand deletions and reinsertion safeguards, and request reconsideration. Where policies cause unfair barriers, raise fair-housing concerns and seek help from regulators. With a methodical approach, many denials can be reversed—or at least corrected so they do not block your next housing opportunity.