Sec. 40302. Tenant blacklisting

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In this section— the terms consumer , consumer report , and nationwide specialty consumer reporting agency have the meanings given those terms in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ); and the term tenant rating agency means a nationwide specialty consumer reporting agency described in section 603(x)(2) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(x)(2) ). The Fair Credit Reporting Act ( 15 U.S.C. 1601 et seq.) is amended— in section 605 ( 15 U.S.C. 1681c ), by adding at the end the following:

A consumer reporting agency may not make a consumer report containing a landlord-tenant court or other housing court record, unless— the case to which the record pertains resulted in a judgment of possession; the decision of the court in the case to which the record pertains is not being appealed; and the record antedates the consumer report by not more than 3 years. ; in section 611(a) ( 15 U.S.C. 1681i(a) )— in paragraph (1)(A), by inserting or by submitting a notice of the dispute through the centralized source described in section 612(a)(1)(B) or the centralized source required to be established under section 2(c) of the after Tenant Protection Act through a reseller ; and in paragraph (2)— in subparagraph (A)— by striking or a reseller and inserting a reseller, or a centralized source ; and by striking or reseller and inserting reseller, or centralized source ; and in subparagraph (B), by striking or the reseller and inserting the reseller, or the centralized source ; in section 615 ( 15 U.S.C. 1681m ), by adding at the end the following:

If any person takes any adverse action with respect to a consumer that is based in whole or in part on a landlord-tenant court or other housing record contained in a consumer report, the person shall provide to the consumer a free copy of the consumer report used by the person in taking the adverse action. ; and by adding at the end the following: Any person who willfully makes a consumer report with respect to a consumer that contains an inaccurate landlord-tenant court or other housing record is liable to the consumer in an amount equal to the sum of— any actual damages sustained by the consumer as a result of making that consumer report or damages of not less than $500 and not more than $1,500; such amount of punitive damages as the court may allow; and in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. .

Not later than 1 year after the date of enactment of this subtitle, the Bureau of Consumer Financial Protection shall issue regulations— applicable to tenant rating agencies to require the establishment of— a centralized source through which consumers may— obtain a consumer report from each such tenant rating agency once during any 12-month period, using a single request, and without charge to the consumer, as provided in section 612(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681j(a) ); and submit a notice of a dispute of inaccurate information, as provided in section 611(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681i(a) ; and a standardized form for a consumer to make a request for a consumer report under subparagraph (A)(i) or submit a notice of dispute under subparagraph (A)(ii) by mail or through an Internet website; and to provide that a consumer may submit a notice of dispute of inaccurate information through the centralized source established in accordance with section 211(c) of the Fair and Accurate Credit Transactions Act of 2003 ( 15 U.S.C. 1681j note), as provided in section 611(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681i(a) ), using the standardized form described in paragraph (1)(B).

Not later than 1 year after the date of enactment of this subtitle, the Bureau of Consumer Financial Protection shall conduct a study and submit to Congress a report on the status of tenant rating agencies and the compliance of tenant rating agencies under the Fair Credit Reporting Act ( 15 U.S.C. 1601 et seq.), including a gap analysis of laws and resources to deter noncompliance with the intent and purpose of the Fair Credit Reporting Act ( 15 U.S.C. 1601 et seq.).

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Sec. 40302

Tenant blacklisting

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