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What is NYC AC § 20-808?

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This section mandates that individuals requesting application information from prospective tenants disclose specific details regarding tenant screening reports. It outlines the rights of tenants regarding adverse actions based on such reports and the obligations of the requester to inform tenants of these rights. Applies to landlords and agents requesting tenant information.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-808 Disclosure.

AC § 20-808

a. Any person who requests application information directly from a prospective tenant or tenants or such tenant(s)' agent or agents shall disclose to the prospective tenant or tenants the following: (i) either: (1) that the application information provided by the prospective tenant or tenants may be used to obtain a tenant screening report and the name and address of the consumer reporting agency or agencies which will be used to obtain such report, or (2) that the application information provided will not be used to obtain a tenant screening report and that the person requesting such information, and his or her agent(s), do not use tenant screening reports to determine a prospective tenant or tenants' suitability for housing; and (ii) that pursuant to federal and state law: (1) if the person requesting the information takes adverse action against a prospective tenant or tenants on the basis of information contained in a tenant screening report, such person must notify the tenant that such action was taken and supply the name and address of the consumer reporting agency that provided the tenant screening report on the basis of which such action was taken; (2) any prospective tenant against whom adverse action was taken based on information contained in a tenant screening report has the right to inspect and receive a free copy of such report by contacting the consumer reporting agency; (3) every tenant or prospective tenant is entitled to one free tenant screening report from each national consumer reporting agency annually, in addition to a credit report that should be obtained from www.annualcreditreport.com and (4) every tenant or prospective tenant may dispute inaccurate or incorrect information contained in a tenant screening report directly with the consumer reporting agency. b. If application information is requested in writing, the statements required by subdivision a of this section shall be in writing, located immediately adjacent to where personal information is requested, and set off in a box and printed in a color that sharply contrasts with the print surrounding it. If application information is requested orally, the person requesting such information shall provide written copies of the statements required by subdivision a of this section.

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