Eviction history checks: what they actually return, and how to use them legally.

"Eviction history" is the wrong name for it

The data this check returns is a housing-court records search — public-record entries showing that an applicant was named as a defendant in a landlord-tenant case. The case may have ended in:

• A judgment of possession against the tenant (a "real" eviction)
• A judgment for the tenant (the landlord lost)
• A settlement before trial
• A dismissal — sometimes for procedural reasons unrelated to the merits
• An ongoing case with no final disposition

Treating every filing as an "eviction" is factually wrong and legally risky. RentalApplication.ai's reports describe these as housing-court records for that reason, and our compliance team recommends landlords do the same in their own communications.

How an eviction-history check works

The data flow is structurally identical to a criminal background check:

1. The landlord initiates a screening; the applicant signs FCRA authorization.
2. The reseller (RentalApplication.ai) forwards the applicant's identifiers to the originating CRA — for housing-court data, that's Asurint.
3. Asurint queries its housing-court database, which aggregates filings from state and county court systems across the U.S.
4. Matching records are returned with whatever disposition data is available.
5. The reseller delivers the data to the landlord without modification.

Coverage is uneven across jurisdictions. Some courts publish detailed dockets; others release only filing metadata. A clean report does not guarantee no prior housing-court history — it means none was found in the courts that publish data.

Legal considerations

• FCRA § 605 reporting limits. Most non-conviction records older than 7 years cannot be reported. For housing-court records this typically means filings older than 7 years are excluded.
• State-specific reporting limits. California's Civil Code § 1786.18 limits eviction reporting to filings that resulted in a judgment for the landlord (and excludes COVID-era cases under separate legislation). New Jersey, Cook County (IL), and several other jurisdictions have similar carve-outs.
• Sealed and expunged records. Several states allow tenants to seal or expunge eviction records under specific conditions; sealed records cannot be reported.
• Adverse-action obligation. If you decline an applicant based on housing-court history, FCRA § 615 requires a written adverse-action notice. See our adverse-action guide.
• HUD disparate-impact considerations. A blanket "no prior housing-court history" rule, applied without context, can have disparate-impact implications similar to blanket criminal-record bans. HUD has not issued binding guidance on eviction screening specifically, but the disparate-impact analysis applies.

How to read an eviction-history report

When a record appears in the report, look for:

• Filing date. A 14-month-old filing is different from a 5-year-old one.
• Disposition. Was there a judgment? For whom? Or did it settle/dismiss?
• Pattern. One filing 6 years ago is very different from three filings in two years.
• Reason. Non-payment, lease violation, or end-of-lease holdover? (Disposition data often includes this.)

Best practice is to ask the applicant directly about anything you see. Many landlords find the explanation more illuminating than the record itself — and individualized assessment is your best defense against fair-housing claims.

Best practices for landlords

• Don't auto-deny on a single filing. Look at the disposition, the pattern, and the time elapsed.
• Use individualized assessment for older records. A 6-year-old non-payment filing during a documented hardship is different from a recent willful-default judgment.
• Don't share the report. Consumer reports are single-use under FCRA; you can't forward them to other landlords or property-management partners.
• Always send the adverse-action notice. Every time.