11.6.3 Fair Credit Reporting Act
11.6.3 Fair Credit Reporting Act aetrahan Thu, 05/04/2023 - 11:38Denial of a lease because of a credit report or a tenant screening report is an adverse action under the Fair Credit Reporting Act.1 The tenant must be given notice of the adverse action and an opportunity to dispute inaccurate or incomplete information.2
Since 2021, a Louisiana landlord may not charge an application fee unless, prior to accepting payment, the landlord notifies the applicant of the right to submit a financial hardship statement explaining that the applicant has experienced financial hardship resulting from a state or federally declared disaster or emergency and how that hardship has impacted the applicant’s credit, employment, or rental history. The notice must reference COVID-19 and hurricanes.3 However, tenants have no cause of action against a landlord who violates the law.4 This seems to leave only the option of a consumer complaint to the Attorney General’s office.