What is a Tenant Do-Not-Rent List and is it Legal?

A do-not-rent list or tenant blacklist is the court data that appears when searching through tenant screening companies. This means if you have ever appeared in New York City housing court, regardless of the reason, your name will likely be on this list. This list is public information that is gathered by companies who will provide these details to landlords when they are screening tenants during the application process. 

Thanks to the updated landlord-tenant laws in 2019, landlords cannot legally turn you down due to any negative tenant-landlord history you may have. This was done in order to allow tenants to feel safe taking legal action against their landlords, and it attempts to put an end to do-not-rent lists. 

However, the tenant blacklist has not completely been erased from a landlord’s use. If they find information on you through housing court data, they may try to come up with another reason to reject you. Thankfully, it is possible to get your name removed from this database. 

Additionally, while the use of this information has been outlawed, it is difficult to ensure that landlords do not take this information into consideration as it is publicly available data. In fact, many landlords still believe that the penalty of weeding out bad tenants is worth the risk of getting caught and fined. 

How to Avoid Being Put on a Do-Not-Rent Tenant Blacklist

The best way to avoid any complications is to try and avoid having your name being put in the housing court data in the first place, but this does not mean that you should tuck your tail between your legs and let your landlord do whatever they please. 

If you believe there is a lawsuit coming, your attorney may be able to reach out to your landlord’s attorney and request that you are only named as John or Jane Doe in court documents. This will ensure that your information remains anonymous, and future landlords will be unable to find this information. 

Another option tenants have is taking a case through a tenant initiated Housing Part action rather than through the New York City housing court. This is typically only done when it comes to building repairs, and it is a way to sue your landlord for failing to follow the law. This process is very simple and straightforward, and it can help you achieve the same results as going to the housing court, but without having your name enter the database. 

What Information Can Landlord Screenings Legally Require? 

Due to the fact that landlords cannot request eviction or housing court information, they have adjusted their screening process and raised other standards, such as their minimum required

credit scores or income. Most landlords will require you to show a number of documents to ensure you are financially reliable, such as pay stubs, a letter of employment, bank statements, and more. While outlawing the use of housing court information decreases discrimination, it may also be more difficult to meet the strict standards of landlords.

Was Your Apartment Application Rejected Due to Housing Court Information?

If you feel that you have been rejected by a landlord due to information found using housing court data, you may have an attorney general investigate and the landlord could face fines of up to $1,000. Use of a do-not-rent list can be discriminatory and negatively impact your ability to find housing. If you think you’ve been impacted, contact Outerbridge Law today to discuss whether you have a case.