Rules for Engaging the Owner in the Qualifying Process
Property managers often collaborate with the owner on approving and denying applications and need to make sure they don’t violate the tenant’s rights of privacy, or the Fair Credit Reporting Act, when doing so. Owners often bully new managers into thinking that they, the owner, require the tenant’s information so they can make a fully informed approval or denial decision. It is quite natural for owners to think they are in control and if the manager caves in and passes the tenants information to the owner, they could find themselves in serious trouble with the law. Owners are not accustomed to hearing real estate agents tell them “no” and often push hard to get the tenant’s information and remain in control. If you want to keep your license, keep from having a claim from the Federal Trade Commission (the enforcers of the Fair Credit Reporting Act) and spend lots of money in attorney fees defending yourself, you’ll learn to tactfully refuse the owner and do the job they hired you for, which includes keeping them out of trouble with the law. No matter what your model, there are some important rules you must follow when presenting applications to the owner. There is certain information you should never share with the owner under any conditions and some things you don’t want to miss passing over to them. Knowing the difference is the topic of this package. We’ll answer the question what’s the safe way to satisfy the owner’s appetite for information, without exposing yourself (and them) to violations of the Fair Credit Reporting Act, HUD, Americans with Disabilities Act, Servicemembers Civil Relief Act and a host of other laws that govern the handling of the applicant’s personal information.
Robert, you really nailed this. Very comprehensive and soooo helpful. If all property managers followed these guidelines there would be no fair housing claims. Certainly guidelines every property manager should embrace.
Pamela Greene PG Management Group LLC, Charlotte NC