803 Mass. Reg. 5.15

Current through Register 1523, June 7, 2024
Section 5.15 - Use of a Consumer Reporting Agency (CRA) to Make Housing Decisions
(1) A landlord, property management company, real estate agent, or public housing authority may utilize the services of a CRA to request CORI regarding a housing applicant.
(a) Before a CRA can request CORI from DCJIS on behalf of a landlord, property management company, real estate agent, or public housing authority, the housing entity shall:
1. Register for an iCORI account and designate the CRA as an entity authorized to perform CORI checks on its behalf;
2. Notify the housing applicant, in writing and in a separate document consisting solely of this notice, that a consumer report may be used in the housing decision making process;
3. Obtain the housing applicant's separate written authorization to conduct background screening before asking a CRA for the report about the subject. A landlord, property management company, real estate agent, or public housing authority shall not substitute the CORI Acknowledgment Form for this written authorization; and
4. Obtain a signed CORI Acknowledgment Form and follow all requirements pertaining to verification of identity as set forth in 803 CMR 2.11: Requirements for Requestors to Request CORI.
(b) A landlord, property management company, real estate agent, or public housing authority shall also provide required information to the CRA before requesting CORI through the CRA.
1. The housing entity shall certify to the CRA that it is in compliance with the Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681;
2. The housing entity shall certify to the CRA that it will not misuse any information in the report in violation of federal or state laws or regulations; and
3. The housing entity shall provide accurate identifying information for the housing applicant to the CRA and the purpose for which the subject's CORI is being requested.

803 CMR 5.15

Amended by Mass Register Issue 1333, eff. 2/24/2017.
Amended by Mass Register Issue 1445, eff. 6/11/2021.