Tenant screening is a critical step in the rental process—but if you're a landlord in California, it's also one of the most highly regulated. One law you need to be aware of is the California Investigative Consumer Reporting Agencies Act (ICRAA).
This guide breaks down what ICRAA is, how it affects tenant background checks, and what steps you must take to stay compliant.
What Is ICRAA?
ICRAA stands for the Investigative Consumer Reporting Agencies Act (California Civil Code §1786 et seq.). It governs how landlords, employers, and other entities use investigative consumer reports—a type of background check that includes personal details about a person's character, reputation, personal characteristics, and lifestyle.
These reports go beyond basic credit or criminal checks. They may include:
Interviews with prior landlords or neighbors
Employment history
Rental behavior
Lifestyle insights
How ICRAA Impacts Tenant Screening
If you're screening a prospective tenant using an investigative consumer report, California law requires specific steps to protect tenant rights. Here's what you need to know:
1. Written Disclosure & Consent
Before requesting a report, you must:
Provide the applicant with a written disclosure that you intend to obtain an investigative consumer report.
Explain what the report may contain (e.g., character, reputation, lifestyle).
Get the applicant’s written consent.
2. Notify the Tenant Within 3 Days
If you're using the report for rental housing decisions, you must notify the applicant in writing within 3 days of ordering the report.
Including:
A summary of their rights under California Civil Code §1786.22
The name and contact info of the reporting agency
3. Provide a Copy Upon Request
Your disclosure or consent form must include a checkbox that the tenant can mark if they want a copy of their report.
If they check this box, you must:
Send them a copy within 3 business days of receiving it.
Include the reporting agency’s name, phone number, and address.
4. Follow Adverse Action Rules
If you deny an application, charge a higher deposit, or make any decision based on the report, you must:
Provide a written Adverse Action Notice
Include the contact information of the reporting agency
Inform the applicant of their right to dispute inaccuracies
Is TurboTenant’s application process ICRAA compliant?
We provide many of the necessary disclosures and collect consent prior to requesting an applicant’s
Written disclosure that we intend to pull an applicant’s report
Collection of consent from the applicant
A summary of the applicant’s rights
Name and contact info for TransUnion, our screening report provider
The ability for the applicant to request their screening report
Why ICRAA Compliance Matters
ICRAA gives California tenants strong protections. If landlords fail to comply, they may face:
Fines or legal penalties
Lawsuits from applicants
Delays in the leasing process
Damage to reputation
Ultimately, while TurboTenant’s application provides many of the necessary tools to be ICRAA compliant, but it is important that California landlords take the time to understand the requirements associated with ICRAA and take all necessary steps to comply with the law.
Please note: TurboTenant is unable to provide legal advice. While this article has been created with the intention of being informational on the laws in California, we would recommend contacting a local real estate attorney or checking out your local landlord-tenant laws for any specific questions to ensure you are always following the law as a landlord. If you would like general guidance, you can view this helpful TurboTenant blog post on how to always follow the law as a landlord.