Is it legal for an apartment community to deny someone a rental if they have a disputed debt on their rental history?

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I have a disputed item from 3 years ago, from a different state, on my rental history and credit report. I otherwise have 4 years of unblemished rental history and sufficient income to live in the property. The new apartment community that I applying at is denying my rental based on a disputed item. Is this fair under the Fair Credit Reporting Act and Fair Debt Collection Practices Act?

Attorney Answers

2
Stephen Harkess ·
The landlord is entitled to refuse to rent to you based on your credit report. There are essentially no standards for how a landlord makes such financial decisions. The Fair Debt Collection Practices Act only applies to third party debt collectors. Since you haven't identified one of those in this story, that statute does not apply. The person who reported the debt may or may not have violated the Fair Credit Reporting Act. It applies to people making the report, not to what your landlord decides to do with the information they learn.
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Donald Corky EbyReal Estate AttorneyCastle Rock, CO ·
As Mr. Harkess said the landlord is free to make his decision based on the information on the credit report, how is he to know if it is true or false. If your credit report contains false information you need to have it corrected be contacting the credit reporting agency's.
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