Adverse Housing Decision Based on CORI or Other Criminal History Information

(1) Before taking adverse action on an individual's application for housing based on CORI or criminal history information, a landlord, property management company, or real estate agent shall: (a) comply with applicable federal and state laws and regulations; (b) notify the housing applicant in person, by telephone, fax, or electronic or hard copy correspondence of the potential adverse housing action. (c) if the CORI or other criminal history information was received from a CRA, provide the housing applicant with a pre-adverse action disclosure that includes a copy of the housing applicant's consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, published by the Federal Trade Commission and obtained from the CRA, by meeting the housing applicant in person, by telephone, by electronic communication, by fax, or by hard copy correspondence. (d) provide the applicant with a copy of his or her CORI or other criminal history, and disclose the source of the criminal history information; (e) provide a copy of the entity's CORI Policy, if applicable; (f) identify the information that is the basis for the potential adverse action; (g) provide the applicant with the opportunity to dispute the accuracy of the information; (h) when CORI is considered as a part of a potential adverse action, provide the applicant with a copy of DCJIS information regarding the process for correcting CORI; and (i) document all steps taken to comply with 803 CMR 5.14(1). (2) A public housing authority or property management company that administers asubsidized housing program for qualifying subsidized housing units that takes an adverse housing action based on CORI or criminal history information shall: (a) comply with applicable federal and state laws and regulations pertaining to suitability for subsidized housing; (b) notify the housing applicant in person, by telephone, fax, or electronic or hard copy correspondence of the adverse housing action. (c) if the CORI or other criminal history information was received from a CRA, provide the housing applicant with a pre-adverse action disclosure that includes a copy of the housing applicant's consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, published by the Federal Trade Commission and obtained from the CRA, by meeting the housing applicant in person, by telephone, by electronic communication, by fax, or by hard copy correspondence. (d) provide a copy of the housing applicant's CORI or criminal history information and disclose the source of the criminal history information; (e) provide a copy of the entity's CORI Policy, if applicable; (f) identify the information that is the basis for the potential adverse action; (g) provide information regarding the process to appeal the adverse decision; (h) when CORI is considered as a part of a potential adverse action, provide DCJIS information concerning the process for correcting a criminal record; and (i) document all steps taken to comply with 803 CMR 5.14(2).