Consumer Protection Lawyers in California

Denied Housing or an Apartment Due to Errors on Your On-Site Rental Report?

Getting out of prison and dealing with the outside world. In addition to all the psychological harms caused by prison life, the stigma of being an ex-convict can ruin good housing opportunities. Potter Handy has recently discovered that certain consumer reporting agencies regularly report prison disciplinary infractions as felony convictions. In one case, the ex-convict was so embarrassed, the person had to walk away from a good housing opportunity.

Potter Handy believes the reporting of any disciplinary infraction as a felony, or reporting any disciplinary infraction after seven years violates the Fair Credit Reporting Act.

If this has happened to you, please contact us as you may be entitled to monetary damages. Fill out the Free Case Review Form on this page or call us now at (415) 534-1911.

Below are common background check mistakes:

  • Wrong person: The background check company submitted a report of a different person (typically, they’ll have the same first and last name). This happens more frequently if you have a common name (e.g., John Smith). Background check companies also have difficulty reporting on Hispanic applicants with two surnames.
  • Increased charges: If you had a charge reduced from a felony to a misdemeanor, having the original felony listed could be a huge red flag for employers that refuse to hire employees with felonies.
  • Misreported Disciplinary Infractions: Studies show that over half of all inmates have at least one disciplinary infraction on their record within the first year. But because these infractions are handled within the prison disciplinary system, it’s inaccurate to refer to them as “felony convictions.” And no Department of Corrections refers to them as such.
  • Outdated records: It is inaccurate to continue to report convictions that have been expunged. If the case has been dismissed or if deferred adjudication has been granted, it is inaccurate to continue to report the case as “guilty” or “convicted.”
  • Convictions older than 7 years: It may be illegal to disclose conviction records older than 7 years in some states such as California, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, and Washington.
  • Wrong transcription: The details of a conviction are inaccurate. For example, the charge description or the sentencing information may be inaccurate.

These errors are common because background check companies typically do not review up-to-date physical court records at the courthouse prior to reporting. Frequently, they do not obtain records directly from the courts and instead buy criminal history information from companies you may have never heard of.

Once The Inaccuracy Is Flagged

For starters, you have a right to not only view the report that a landlord receives, but also ask for the full background file on you, which should contain all of the pertinent information related to how the error happened. So, when a landlord balks at the report, you should know exactly what prompted the reaction. You also have the right to dispute the background check. The outcome of this dispute must be determined by the background check company within 30 days. If the report is determined to be inaccurate, then the report needs updating, and an updated copy should be sent to the landlord. If they refuse to fix or update the report, you should consider consulting a legal professional.

Dispute On-Site Background Check Errors

You have the right to view a free copy of your On-Site rental report. If there are errors be sure to dispute them with On-Site right away.

You can dispute errors with On-site by calling and sending them a rental dispute form.

  • Phone: On-Site Renter Relations at 877-222-0384
  • Rental Dispute Form
  • Mail: Renter Relations, 307 Orchard City Drive, Suite 110, Campbell, CA 95008

Denied Housing Due to OnSite Background Check?

A legal professional can help you obtain a copy of the report, dispute the information, and potentially save your house/apartment. If you lose your housing, a legal professional can help you recover money damages on a contingency fee basis. This means that you often do not have to spend any money out-of-pocket until you recover money.

  • Were you denied housing due to errors on a RealPage On-Site screening report?
  • Was your move-in date delayed due to errors on your On-Site background check?
  • If you answered yes to either of the above you may have a case.

Fill out the Free Case Review Form on this page or call us now at (415) 534-1911.