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Tenant database - Landlord Forum thread 324613

Tenant database by Dan (WA) on September 17, 2014 @16:24

                              
Hello,

So, after getting burned by a tenant, I've thought about setting up an online database for users to input good or bad tenant information and also be able to search for individuals.

Is there negative legal ramifications for doing such a thing?
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Re: Tenant database by Anonymous on September 17, 2014 @16:33 [ Reply ]
Separate your business from your emotions. There may be no legal ramifications, but there is really absolutely no reason for you to do this.

There is already a database for tenant information, several, actually:

1.) Their credit history.
2.) Their rental history (previous evictions, landlord references).
3.) Their legal history (criminal records, past judgements).

Any landlord who screens properly with these methods is going to weed out the good from the bad. Anything posted on a public forum is subjective, meaning that it will contain a lot of opinion and other things that cannot be proven.

If your tenant burned you make sure to get a judgement so it appears on their record. If you had to evict them, they have already been punished more than they realize.
Re: Tenant database by Anonymous on September 17, 2014 @17:14 [ Reply ]
I agree with anon. Let it go, and get on with the rest of your life.
Re: Tenant database by Maiko (Al) on September 17, 2014 @17:19 [ Reply ]
There is a deadbeat database right here on the LPA. Actual use of it is nonexistent.
Re: Tenant database by Kim (WV) on September 17, 2014 @20:17 [ Reply ]
Actually, it is against the law. Something to do with Fair Credit Reporting Act, I think. I've not got time to find the exact info right now, but I'll look later. If you do a little googling, you might find it before I do...
Re: Tenant database by Kim (WV) on September 17, 2014 @21:10 [ Reply ]
OK, Dan, my bad. It's may not actually be completely illegal but there is a backlash building against it. There are a number of blacklists out there and some of them have gotten warning letters from the FTC. Here's a quote from the 2013 article in the Santa Barbara Independent titled "FTC Warns Tenant Blacklisting Websites"

"The FTC letter advises the recipients to comply with the Fair Credit Reporting Act (“FCRA”). “This letter concerns your company’s website, [insert URL], which provides tenant rental history reports. We want to make you aware of the requirements of the Fair Credit Reporting Act (“FCRA”), a federal law enforced by the Federal Trade Commission (“FTC” or “Commission”), so that you can ensure your website and practices are in compliance with the law.”

The FTC letter stops short of accusing the recipients of violating the FCRA, despite ample evidence on the websites of practices harmful to tenants."

You should find the article and read it; it's pretty informative. Now, if you want to keep your own blacklist and not share it, that's OK. It's making the information public and sharing it that's the issue, I believe.


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