Are there any laws governing the use of tenant references?

Yes, there are laws governing the use of tenant references in California. The California Civil Code Section 1940.4 regulates the use of tenant references by landlords. Under this section, the landlord must obtain a written consent from the tenant that allows the landlord to use the tenant’s personal information, such as references, for the purpose of verifying their rental history. The tenant must also provide a written authorization to the landlord or other party to release their rental history information. In addition, landlords must abide by the California Confidentiality of Personal Information Act. Under this law, landlords may not disclose any information about a tenant’s rental application or payment history, even with the tenant’s permission, without written consent from the tenant. This includes references provided by former landlords and other references provided by the tenant. Finally, California’s Unruh Civil Rights Act requires that landlords treat all prospective tenants equally. This means that landlords may not use tenant references to unlawfully discriminate against applicants based on their race, religion, national origin, sex, sexual orientation, or handicap. All tenants must be given the same opportunities when it comes to applying for a rental unit. In summary, California has several laws that govern the use of tenant references. Landlords must obtain written consent from the tenant before using references or other personal information, must abide by the Confidentiality of Personal Information Act, and must treat all prospective tenants equally when it comes to the rental process.

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