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Tenant Consent Form (Rental Application) – Landlords can use a rental application to obtain consent for background checks on potential tenants.
When It’s Used
The background check authorization form can be used in the following circumstances:
- Pre-Employment: Employers must obtain consent to conduct criminal and credit checks on potential employees.[1]
- Non-Profit Organizations: Non-profits often perform background checks on volunteers, especially for roles involving vulnerable groups like children or the elderly.
- Independent Contractors: Contractors may need to authorize a background check if clients need to verify their credentials or professional licenses.
Employment Background Checks
Background checks for employment purposes are considered “consumer reports” under the Fair Credit Reporting Act (FCRA).[2] These reports are conducted by consumer reporting agencies and offer valuable insights into an individual’s background, including their:
- Creditworthiness
- Personal characteristics
- Criminal history
- Education
- Driving records
If an employer requests consent for a consumer report on potential or existing employees, they must follow certain guidelines to ensure compliance with the FCRA. A summary of these rules is available on the Federal Trade Commission website. Employers may also need to provide employees with certain disclosures depending on state and local law.
New York Employers – A copy of article 23-A of the New York correction law must be provided to job applicants before conducting a background check.[3]