HomeMy WebLinkAbout2024-587 (3)
CityClerk
From:City_Attorney
Sent:Tuesday, October 15, 2024 1:54 PM
To:CityClerk; Ramirez, Jonathan
Subject:FW: Proposed Ordinance
From: Susan Holmes <susanholmes95@gmail.com>
Sent: Tuesday, October 15, 2024 10:40 AM
To: Berna, Scott <scott.berna@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; City_Attorney
<city_attorney@fayetteville-ar.gov>
Subject: Proposed Ordinance
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I read the article "Council member pushes to cut costs for renting a home in Fayetteville" by
Todd Gill and published Monday, Oct 14, 2024 in the Fayetteville Flyer and have
questions.
The article quoted Moore as saying "she surveyed over 30
Fayetteville rental properties to gather data on the fees charged for
rental applications and background checks" (para. 5). To put that
into context, it would be helpful to have more data. Specifically:
In total, how many rental properties are there in Fayetteville?
Of the known rental properties, how many are Single Family homes? Duplexes?
Apartments? Other?
How many are owned by private landlords? How many are owned by corporations
or investment groups?
Which type of properties were surveyed? How were they selected?
Again quoting Moore in the article: "Landlords would be required to
provide a printed copy of the background check within two business
days" (para. 6). This part of the proposal may prove problematic
and potentially cause a landlord to violate FCRA (Fair Credit
Reporting Act) requirements. As stated in the post "Understanding
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Tenant Screening Laws - The Landlord's Guide" authored by S. M.
White and updated on June 19, 2024:
"The FCRA requires anyone that has requested a consumer report to securely dispose of
the information when they are finished. For paper reports, shredding or burning is
sufficient.
Electronic reports must be deleted and not stored on any backups. At RentPrep we store
all reports digitally and handle all compliance. If you were to print your screen to keep a
copy of the report, you are opening yourself up to unnecessary issues. Some
landlords like to have a hard copy of the report, but we strongly urge against this." (Para
50-51). To read the entire post (worth reading!) go
to https://rentprep.com/blog/legal/tenant-screening-laws/ \[Emphasis mine.\]
For the record, I was a tenant here in Fayetteville during the period 1995 - 2001, and
presently own three single family rentals in addition to my personal
residence. I do not charge rental application fees, nor do I require
tenants to pay first and last months' rent as part of the move-in
process. Applicants must submit a completed application, meet all
qualification criteria (provided to everyone as part of the application
process), and consent to a tenant screening/background check
($49 as of January 2024). These are conducted, one at a time, in
the order in which completed applications are received.
I look forward to hearing your responses to my questions.
Susan Holmes
3404 Jasper Lane Fayetteville AR 72764
susanholmes95@gmail.com
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Business License #BLH-000045-2020
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