Housing FIRST Act
- Sponsor
- Rep. Pressley, Ayanna [D-MA-7]
- Committees
- Financial Services Committee (primary)
- Last action
- Apr 29, 2026
Bottom line
The Housing FIRST Act aims to remove certain criminal and legal history information from tenant screening reports to reduce housing barriers for individuals with past involvement in the justice system, while imposing new disclosure requirements on landlords.
What it actually does
This bill, known as the Housing FIRST Act, amends the Fair Credit Reporting Act (FCRA) to significantly restrict the types of information consumer reporting agencies (CRAs) can include in tenant screening reports. It prohibits CRAs from reporting arrests, juvenile records, non-criminal citations, successfully resolved diversion programs, convictions with completed sentences or probation/parole, offenses related to court costs or incarceration fees, and expunged, sealed, or pardoned records. The bill also establishes new duties for housing providers who use these reports, requiring specific adverse action notices for housing denials, and clarifies federal preemption over state time limits for reporting obsolete information.
Proponents argue
Proponents argue that current tenant screening practices, which often include broad criminal history checks, create significant and unjust barriers to housing for formerly incarcerated individuals, contributing to homelessness and recidivism. They contend that these practices are often discriminatory, not reliably predictive of tenancy success, and disproportionately affect marginalized communities. This bill would promote fair housing access, support successful reentry, and ensure that individuals are not perpetually penalized for past mistakes.
Opponents contend
Opponents might argue that restricting access to comprehensive criminal history information could increase risks for landlords, potentially leading to unsafe housing environments for other tenants, property damage, or increased liability. They may contend that landlords need full information to make informed decisions and protect their investments, and that the bill could make landlords more hesitant to rent, even to those without criminal records, due to perceived increased overall risk.
The bill is concise, allowing for a quick read, but its implications for fair housing, landlord practices, and consumer reporting warrant careful consideration beyond a superficial review.
Section 2, amending FCRA 603(h)
Establishes 'Tenant Screening Purposes' Definition
This section formally defines 'tenant screening purposes' within the Fair Credit Reporting Act (FCRA) as the use of a consumer report to evaluate an individual for rental housing or for retention as a renter or tenant. This explicit definition ensures that the subsequent restrictions and duties apply specifically to reports used in the housing context. It also makes conforming amendments throughout FCRA to include 'tenant screening purposes' alongside 'employment purposes' in various sections.
Supporters argue
Supporters argue that a clear and explicit definition of 'tenant screening purposes' is essential for the consistent application and enforcement of the law, ensuring that protections and restrictions related to housing are uniformly understood across the industry.
Critics contend
No specific opposition is typically raised against definitional provisions unless the definition itself is seen as overly broad or narrow, which is not the case here.
Tradeoffs
None apparent for this definitional section itself.
Section 3, inserting new FCRA Sec. 605D
Excludes Specific Criminal and Legal Records from Tenant Screening Reports
This is a core provision, prohibiting consumer reporting agencies from including several categories of information in tenant screening reports. These categories include arrest records, juvenile adjudications or convictions (even if tried as an adult), non-criminal citations, criminal cases resolved via diversion programs, convictions where the consumer has completed the sentence or is on probation/parole, offenses related to court costs or incarceration fees, and records that have been expunged, sealed, vacated, set aside, or pardoned.
Section 4, amending FCRA 604(b)
Aligns Tenant Screening with Employment Report Requirements
This section amends FCRA to apply existing conditions for furnishing and using consumer reports for employment purposes to also include tenant screening purposes. This means that consumer reporting agencies must ensure that the user (housing provider) has a permissible purpose and has certified that they will comply with all applicable federal, state, and local equal employment opportunity and fair housing laws when requesting a tenant screening report.
Section 5, amending FCRA 609(a)(2)
Clarifies Disclosure of Information Sources
This amendment clarifies that when a consumer requests disclosure of the sources of information in their file, the consumer reporting agency must also disclose any entity from whom the CRA received that information. This enhances transparency for consumers seeking to understand and dispute information in their reports, allowing them to trace the origin of data more effectively.
Section 6, adding new FCRA 615(i)
Requires Specific Adverse Action Notices for Housing Denials
This section establishes new duties for housing providers who use consumer reports for tenant screening and take adverse action (e.g., deny housing) based wholly or partly on the report. The housing provider must provide the consumer with a notice containing specific information (as described in FCRA 615(a)) within 3 days of the adverse action, and must also provide the specific reasons for the adverse action, including the information from the consumer report that resulted in the decision.
Section 7, amending FCRA 625(b)(1)(E)
Federal Preemption on State Time Limits for Obsolete Information
This amendment clarifies that states are prohibited from regulating the time after which information (like certain criminal records) becomes obsolete in consumer reports. This means that the federal standards set by the FCRA regarding how long certain information can be reported would preempt any state laws that might try to impose different time limits for information becoming obsolete, ensuring a uniform national standard.
Section 8, amending FCRA 605(a)(5)
Removes Exception for Conviction Records from General Obsolescence Rule
This section amends FCRA 605(a)(5) by striking the phrase ', other than records of convictions of crimes'. This means that records of convictions of crimes will now be subject to the general obsolescence rule of 7 years, after which they cannot be included in consumer reports, similar to other adverse information like bankruptcies or civil judgments. Previously, conviction records had no time limit for reporting under this section.
This amendment expands the definition of 'adverse action' to explicitly include '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.'
Section 2(b)(1)(B), amending FCRA 603(k)
Why it matters:This is standard legislative practice to ensure consistency across the statute once a new concept (tenant screening) is introduced. It is not evasive, but its impact is significant for consumer protections.
Case for: Supporters would argue this ensures that all protections and duties associated with 'adverse action' under FCRA, such as the requirement to provide notice, explicitly apply to housing decisions, thereby closing potential loopholes and ensuring comprehensive consumer protection.
Case against: No specific opposition is typically raised against this provision, as it is a logical and necessary extension of the bill's intent to apply FCRA protections to tenant screening.
Estimated impact: Ensures that housing denials are subject to the same consumer protections as credit or employment denials, affecting potentially millions of housing applicants annually by granting them the right to notice and dispute.
This section makes technical corrections to FCRA 615(h)(8) by changing references from 'this section' to 'this subsection.' This is a grammatical fix to ensure proper referencing within the statute.
Section 9, amending FCRA 615(h)(8)
Why it matters:This is standard legislative practice for minor grammatical or referencing corrections within a statute. It is not evasive, but rather aims to improve the precision of the legal text.
Case for: Ensures statutory clarity and accuracy, preventing potential misinterpretations of the law due to incorrect internal references, thereby improving the overall quality of the legal text.
Case against: None, as it is a purely technical correction with no direct policy implications.
Estimated impact: No direct policy impact, but improves the precision and readability of the underlying statute for legal professionals and regulators.