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2020 QA revisions

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The Requirements When Using Consumer Reports or Credit Scores To Screen Tenants Q&A has been revised.  It has been expanded to cover consumer reports in addition to credit reports under Fair Credit Report Act (FCRA) , Consumer Credit Report Agencies Act (CCRAA) and Investigative Consumer Reporting Agencies Act (ICRAA).  Signification revisions were made to the following questions:

  • Q1 has been expanded to discuss consumer reports, credit reports being a subset;
  • Q2 has been expanded to cover requirements for obtaining authorization for consumer report under ICRAA;
  • Q5 has been expanded to include the notice requirements for an adverse action based on a consumer report;
  • Q10 has been expanded to include liability for failing to provide required notices under ICRAA; and
  • Q11 has been added to the address the use of criminal history information as a consumer report.

The Landlord-Tenant Law: Pets and Assistance (Service and Support) Animals Q&A has been significantly revised. It has been updated to incorporate the California fair housing regulations that went into effect January 1, 2020.  Sections III. Support Animals as a Reasonable Accommodation, IV. Service Animals as a Civil Right, Not as a Reasonable Accommodation and V Assistance Animal Rules Applying to both Service and & Support Animals have the most substantive revisions. In particular, please note the changes in the following questions:

  • Q10 regarding the definition of a “support animal”
  • Q12 regarding what information may be sought as related to a support animal
  • Q13 regarding sample written verification
  • Q14 regarding animal vests or online certificates
  • Q15 regarding insufficient written verification
  • Q16 regarding when vicious support animal may be rejected
  • Q17 regarding when service animals are allowed on the premises
  • Q18 regarding definition of a “service animal”
  • Q19 regarding what questions may be asked to verify a service animal
  • Q24 regarding interactive process and undue burden when the homeowner’s policy prohibits an assistance animal
  • Q25 regarding additional rules applicable to assistance animals

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