Skip to content
  • There are no suggestions because the search field is empty.

FAQ: What are my responsibilities under California’s ICRAA for tenant screening?

Under the Investigative Consumer Reporting Agencies Act (ICRAA), California requires landlords and real estate agents to follow specific guidelines when using investigative consumer reports as part of the tenant screening process.

If you obtain an investigative consumer report, you must:

  • Notify the applicant within three days of requesting the report
  • Inform them that an investigative consumer report was obtained
  • Provide them with the name and contact information for the consumer reporting agency that provided the investigative consumer report
  • Provide information about their rights under ICRAA
  • Certify to the consumer reporting agency - in this case, TransUnion - that you they have provided the applicant the relevant notice

Need help with the post-report notice? Download a sample notice.

FAQs

What is an investigative consumer report?

An investigative consumer report is a consumer report that includes information about a person's character, reputation, personal characteristics and/or mode of living.

What types of information are included in the report?

  • Information bearing on

    • character,
    • general reputation,
    • personal characteristics, and/or
    • mode of living

  • Social security number verification

  • Address history

  • Criminal records and history

  • History of housing court records

  • Public court records

  • Bankruptcy filings

  • What types of information cannot be included?

    • Bankruptcies more than 10 years old.
    • Any adverse information that predates a report by more than seven years, including:
    • Suits and satisfied judgments.
    • Unsatisfied judgments.
    • Unlawful detainer actions where defendant was the prevailing party or where the action is resolved by settlement agreement.
    • Paid tax liens.
    • Accounts placed for collection or charged to profit and loss.
    • Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime. Also, may not be reported if it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result.

Where can I learn more about California’s ICRAA regulations for tenant screening?

You can learn more about California’s ICRAA regulations for tenant screening on California’s Legislative Information page. ICRAA is set forth the California Civil Code, sections 1786.10–1786.40.

Note: The information provided here is for informational purposes only and does not constitute legal advice. If you have specific compliance questions, please consult a legal professional.