Are there any laws governing the use of tenant background checks?

Yes, there are laws governing the use of tenant background checks in Maryland. The state has enacted the Maryland Tenant Screening Act (MTSA), which protects the privacy of potential tenants and limits the type of information that landlords can access and use when conducting tenant background checks. The MTSA requires landlords to provide written notice to prospective tenants that the landlord intends to conduct a background check. The landlord must provide a copy of the background check results to the potential tenant, regardless of the outcome. The landlord may only consider specific information with regard to a tenant’s background, such as credit history, past rental history, criminal history, and employment and income history. The MTSA also requires landlords to provide the tenant with a written explanation of any information used to reject them as a tenant within 30 days of the decision. The landlord must also take reasonable steps to ensure that the information used is accurate and up-to-date. The MTSA is designed to prevent discrimination against tenants and to protect their rights. Landlords must comply with the MTSA, or risk facing fines or civil suits. Even if the landlord chooses not to perform background checks, they must still comply with the act’s other privacy criteria. Furthermore, landlords must be aware of any changes in federal or state laws that may impact their ability to conduct background checks.

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