[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4560 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4560
To amend the Fair Credit Reporting Act to prohibit consumer reporting
agencies that furnish consumer reports for tenant screening purposes
from providing certain information, to establish duties of users of
consumer reports for housing purposes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2023
Ms. Pressley (for herself, Ms. Tlaib, Ms. Lee of California, Ms.
Ocasio-Cortez, Ms. Schakowsky, Ms. Norton, Mr. Gomez, Mr. McGovern, Mr.
Frost, Mr. Bowman, Ms. Clarke of New York, Mr. Casar, Mr. Johnson of
Georgia, Ms. Omar, Ms. Bush, and Ms. Lee of Pennsylvania) introduced
the following bill; which was referred to the Committee on Financial
Services
_______________________________________________________________________
A BILL
To amend the Fair Credit Reporting Act to prohibit consumer reporting
agencies that furnish consumer reports for tenant screening purposes
from providing certain information, to establish duties of users of
consumer reports for housing purposes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing for Formerly Incarcerated
Reentry and Stable Tenancy Act'' or the ``Housing FIRST Act''.
SEC. 2. DEFINITION OF TENANT SCREENING PURPOSES.
(a) Definition of Tenant Screening Purposes.--Section 603(h) of the
Fair Credit Reporting Act (15 U.S.C. 1681a(h)) is amended--
(1) by inserting ``Employment Purposes and Tenant Screening
Purposes.--'' before ``The term'';
(2) by striking ``The term'' and inserting the following:
``(1) Employment purposes.--The term''; and
(3) by adding at the end the following new paragraph:
``(2) Tenant screening purposes.--The term `tenant
screening purposes' when used in connection with a consumer
report means a report used for the purpose of evaluating a
consumer for rental housing or retention as a renter or
tenant.''.
(b) Conforming Amendments.--The Fair Credit Reporting Act (15
U.S.C. 1681 et seq.) is amended--
(1) in section 603--
(A) in subsection (d)(1)(B), by inserting ``or
tenant screening purposes'' after ``employment
purposes''; and
(B) in subsection (k)--
(i) in clause (iii), by striking ``and'' at
the end;
(ii) in clause (iv)(II), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(v) a denial of housing or any other
decision related to the provision of rental
housing that adversely affects any current or
prospective tenant or renter.'';
(2) in section 604(a)(3)(B), by inserting ``or tenant
screening purposes'' after ``employment purposes'';
(3) in section 605A(i)(4)(I), by striking ``employment,
tenant, or background screening purposes'' and inserting
``employment purposes, tenant screening purposes, or background
screening purposes'';
(4) in section 606(d)(2)--
(A) by inserting ``or tenant screening purposes''
after ``employment purposes'';
(B) by striking ``of the consumer'' and inserting
``of the consumer, or by a housing provider or a
prospective housing provider (as applicable)''; and
(C) by inserting ``or fair housing'' after ``equal
employment opportunity'';
(5) in section 609(a)(3)(A)(i), by inserting ``or tenant
screening purposes'' after ``employment purposes''; and
(6) in section 613--
(A) in the section heading, by inserting ``or
tenant screening purposes'' after ``employment
purposes''; and
(B) in subsection (a)--
(i) in the matter preceding paragraph (1),
by inserting ``or tenant screening purposes''
after ``employment purposes''; and
(ii) by inserting ``or rental housing, as
applicable,'' after ``obtain employment'' each
place it appears.
SEC. 3. PROHIBITION ON INFORMATION INCLUDED IN CONSUMER REPORTS
FURNISHED FOR TENANT SCREENING PURPOSES.
The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended
by inserting after section 605C the following new section:
``Sec. 605D. Consumer reports for tenant screening purposes
``A consumer reporting agency that furnishes a consumer report for
tenant screening purposes shall not include any information relating to
the following:
``(1) A record for an arrest.
``(2) Any juvenile adjudication or conviction, including
convictions or adjudications in which a juvenile was tried as
an adult.
``(3) Non-criminal citations by State or local law
enforcement agencies.
``(4) Any criminal case resolved through successful
completion of diversion, deferred adjudication, deferred entry
of judgment, drug court, or a similar judicial program
established under State law.
``(5) A conviction for which--
``(A) the consumer was sentenced and for which the
consumer has completed the sentence; or
``(B) the consumer is on probation or parole.
``(6) An offense or offenses related to fees or back
payments associated with court costs or incarceration.
``(7) A record of a conviction or arrest that has been
expunged, sealed, vacated, set aside, or subject to similar
relief, or any conviction for which a consumer has been
pardoned or granted clemency.''.
SEC. 4. CONDITIONS FOR FURNISHING AND USING CONSUMER REPORTS FOR TENANT
SCREENING PURPOSES.
Section 604(b) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)) is amended--
(1) in the subsection heading, by inserting ``or Tenant
Screening Purposes'' after ``Employment Purposes'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``or tenant screening purposes'' after
``employment purposes''; and
(B) in subparagraph (A)(ii), by inserting ``or fair
housing'' after ``equal employment opportunity'';
(3) in paragraph (2)(A)--
(A) in the matter preceding clause (i), by
inserting ``or tenant screening purposes'' after
``employment purposes''; and
(B) in clause (i), by inserting ``or tenant
screening purposes'' after ``employment purposes''; and
(4) in paragraph (3)(A), by inserting ``or tenant screening
purposes'' after ``employment purposes''.
SEC. 5. CLARIFICATION FOR SOURCES OF INFORMATION.
Section 609(a)(2) of the Fair Credit Reporting Act (15 U.S.C.
1681g(a)(2)) is amended by inserting ``(including any entity from whom
the consumer reporting agency received such information)'' after ``the
information''.
SEC. 6. DUTIES OF USERS OF CONSUMER REPORTS FOR HOUSING PURPOSES.
Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is
amended by adding at the end the following new subsection:
``(i) Duties of Users for Tenant Screening Purposes.--If a person
who has procured a consumer report of a consumer for tenant screening
purposes or takes any adverse action, including denial of rental
housing, against such consumer based wholly or in part on the report,
the person--
``(1) shall provide to the consumer to whom the report
relates a notice containing the information described in
subsection (a) within 3 days after such adverse action; and
``(2) shall provide the specific reasons for such adverse
action, including the information contained in the consumer
report that resulted in the adverse action.''.
SEC. 7. PROHIBITION ON STATE REGULATION OF TIME LIMITS FOR INFORMATION
EXCLUDED FROM CONSUMER REPORTS.
Section 625(b)(1)(E) of the Fair Credit Reporting Act (15 U.S.C.
1681t(b)(1)(E)) is amended--
(1) by inserting ``the time after which'' after ``relating
to''; and
(2) by inserting ``becomes obsolete'' after ``consumer
reports''.
SEC. 8. ADDITIONAL EXCLUSION OF INFORMATION FROM CONSUMER REPORTS.
Section 605(a)(5) of the Fair Credit Reporting Act (15 U.S.C.
1681c(a)(5)) is amended by striking ``, other than records of
convictions of crimes''.
SEC. 9. TECHNICAL AMENDMENT.
Section 615(h)(8) of the Fair Credit Reporting Act (15 U.S.C.
1681m(h)(8)) is amended--
(1) in subparagraph (A), by striking ``this section'' and
inserting ``this subsection''; and
(2) in subparagraph (B), by striking ``This section'' and
inserting ``This subsection''.
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