For a sample notice of intent to dispute information or request reconsideration, see page
9.
Disputing Information: You can provide evidence that information relied upon by the
prospective landlord was (1) inaccurate, or (2) incorrectly attributed to you, the
prospective tenant, or (3) was based on screening criteria prohibited by Section 9-810.
Evidence of Mitigating Circumstances: You can also provide evidence of mitigating
circumstances--related to the reasons your application was denied--to show that you are
able to satisfy the obligations of tenancy. Some examples of this type of evidence
includes, but is not limited to:
a history of on-time rental payments that otherwise may not appear in a background
check;
proof that a prior eviction based on nonpayment of rent was based, in whole or in
part, on rent you did not personally owe;
new or increased income that is reliable and sufficient to cover rental costs;
letters of recommendation provided by employers or former housing providers;
changes in circumstances that would make prior lease violations less likely to
reoccur.
After an applicant receives notice that their rental application has been denied, they have the
right to (1) dispute information the landlord relied upon in making their decision, and/or (2)
provide evidence of mitigating circumstances.
Here's what to do you if you'd like to dispute information or request reconsideration after
receiving a notice that your rental application has been denied:
Step 1: Within 48 hours of receiving a statement of rejection, provide the prospective
landlord written, electronic, or verbal notice of your intent to dispute information or request
reconsideration of the denial.
Step 2: Within seven business days of receiving a statement of rejection, provide evidence
of incorrect information or mitigating circumstances to the prospective landlord.
How do I get information on a
tenant's background?
Landlords can request
documentation from tenants in
accordance with their uniform
screening criteria. Landlords also
often charge application fees and
utilize tenant screening companies
to obtain information on an applicant.
Screening companies can provide
you with reports based solely on the
type of information you are looking to
review. This information should align
with your uniform screening criteria.
Can I still utilize a rental
reference?
Yes, landlords may still request a
rental reference from an applicant
and use that information in your
applicant screening process, so long
as the screening process is
compliant with Sec. 9-810. The
landlord should document how a
rental reference will be used and
what information may result in an
application being denied.
Can I still use credit scores?
A landlord cannot disqualify an
applicant based solely on the credit
score itself. A landlord can use
relevant information from the credit
report that is related to an applicant's
rental history, and can consider a
credit score as part of a wholistic
screening process.
How do I legally deny an
applicant?
If a landlord denies a rental housing
application, they must provide the
applicant with a written notice of
denial within 3 business days of the
rejection. The notice must include the
basis for the disqualification.
Can I request an applicant have a
cosigner or guarantee?
Yes. A cosigner or guarantee is
usually requested when an applicant
does not meet the screening
requirement on their own. You can
continue to utilize this option in these
instances.
Do I have to hold a unit while a
rejected applicant disputes
information or seeks
reconsideration?
No, the landlord does not have to
hold a unit if a rejected applicant
disputes information or seeks
reconsideration. However, if a
rejected applicant provides new
information that would prove to a
reasonable person that they can
meet the requirements of tenancy,
a landlord with five or more rental
units in the City of Philadelphia
must offer the rejected applicant
their next available unit of
comparable size and rental price.
Is a rejected applicant who
successfully disputes
information or seeks
reconsideration of denial
required to accept the offer of a
landlord's next available unit?
No, the rejected applicant is under
no obligation to accept the
landlord's next available unit.
RENTERS'ACCESS ACT