118 HR 4560 IH: Housing for Formerly Incarcerated Reentry and Stable Tenancy Act
U.S. House of Representatives
2023-07-11
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I
118th CONGRESS
1st Session
H. R. 4560
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.
1.

Short title
This Act may be cited as the “Housing for Formerly Incarcerated Reentry and Stable Tenancy Act” or the “Housing FIRST Act”.
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.
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:
“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.”.
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”.
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”.
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.”.
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”.
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”.
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”.