Free Consent to Contact References
Applicant consent to contact personal references, prior landlords, and character references. Outside FCRA scope when conducted directly (not via CRA), but investigative consumer reports trigger FCRA §1681a(e) + CA Civ. Code §1786.16.
Free Consent to Contact References — overview
⚖ FCRA Compliance Required
15 USC §1681b(b)(2) requires a clear, conspicuous written disclosure AND written authorization from the consumer BEFORE procuring a consumer report for tenant screening purposes. References checks conducted directly by the landlord (not via a consumer reporting agency) typically fall outside FCRA scope. Investigative consumer reports (involving interviews about character with neighbors, friends, or associates) trigger 15 USC §1681a(e) + CA Civ. Code §1786.16 requirements.
State add-ons: California ICRA (Civ. Code §1786 et seq.) requires additional disclosure; New York GBL §380 imposes notice requirements; Washington RCW §19.182 has separate consent rules. Verify state-specific requirements before relying on this form alone.
A Consent to Contact References is the applicant’s written consent for the landlord (or screening company) to contact personal references, prior landlords, and other character references identified by the applicant for purposes of evaluating the rental application.
Generate the Authorization
Complete the fields below to generate a references consent form. The applicant lists references and authorizes contact with each.
References vs Consumer Report: References contacted directly by the landlord are typically outside FCRA. Investigative consumer reports (interviews with neighbors/associates about character) DO trigger FCRA §1681a(e) and CA Civ. Code §1786.16 (California additional disclosure).
1. Applicant Information
2. References Authorized to Contact
References checks fall outside core FCRA reporting if conducted directly by the landlord (not via a consumer reporting agency). However, investigative consumer reports (15 USC §1681a(e)) — which include interviews with neighbors, friends, or associates about character — DO trigger FCRA and CA Civ. Code §1786.16 (California) requirements. Personal references provided BY the applicant are typically outside investigative consumer report scope.
3. Acknowledgments and Consent
⚠ Read Before Signing
By signing this authorization, you give the requesting party permission to contact the personal references, prior landlords, and other character references identified below for purposes of evaluating the rental application. You acknowledge that you understand the scope of this consent and your rights under federal and state law.
4. Applicant Signature
About the Consent to Contact References
The Consent to Contact References Form is the applicant’s written authorization for the landlord (or screening company acting on behalf of the landlord) to contact personal references, prior landlords, and other character references identified by the applicant for purposes of evaluating the rental application. References checks conducted directly by the landlord are typically outside FCRA scope (15 USC §1681 et seq.), which governs consumer reports by Consumer Reporting Agencies (CRAs). However, INVESTIGATIVE consumer reports under 15 USC §1681a(e) — which involve interviews with neighbors, friends, or associates about character, general reputation, personal characteristics, or mode of living — DO trigger FCRA + state add-on requirements (especially California Civ. Code §1786.16 which requires separate disclosure for investigative reports). Best practice: explicitly identify all references the landlord intends to contact in the form; document the scope of inquiry (residency, payment history, character); avoid asking references about protected characteristics (familial status, religion, national origin, etc.) which could trigger Fair Housing Act issues; retain the signed authorization with the application file.
FCRA Compliance Framework
- 15 USC §1681b(b)(2) — Written disclosure + written authorization REQUIRED before procuring consumer report for tenant screening
- 15 USC §1681g(c)(1) — Summary of Consumer Rights must accompany the disclosure
- 15 USC §1681m — Adverse action notice required if screening results in denial
- 15 USC §1681e(a) — Permissible purpose required for procuring report (rental application qualifies)
- 15 USC §1681c — 7-year/10-year reporting limits for adverse information
State-Specific Add-Ons
- California ICRA (Civ. Code §1786 et seq.) — additional pre-procurement disclosure + 5-day delivery of report copy
- California Civil Code §1786.16 — separate notice for investigative consumer reports
- New York GBL §380 — notice requirements + 25-cent fee maximum for report copy
- New York NYC — Fair Chance Act limits criminal-record use (covered separately for criminal background)
- Washington RCW §19.182 — Fair Credit Reporting Act of Washington (state-level FCRA)
- Massachusetts — MGL ch. 93 §50-69 imposes similar disclosure
- Vermont, Connecticut, Minnesota — state-level credit reporting acts
Required Acknowledgments
- Voluntary authorization to contact references
- Acknowledge scope of inquiry
- If investigative consumer report: FCRA §1681a(e) + CA §1786.16 separate disclosure
- Right to be informed if rental denied based on reference information
Common Mistakes
- Contacting references without written consent — violates basic privacy expectations and FHA
- Asking references about protected characteristics — familial status, religion, national origin, etc.
- Treating reference check as investigative consumer report without proper §1681a(e) disclosure
- Failing to document scope of inquiry
Best Practices
- Document specific references by name and contact method
- Limit inquiry scope to tenancy-relevant topics
- Avoid Fair Housing Act traps (no questions about protected classes)
- Retain signed authorization with application file (~7 years)
- If investigative report scope: provide separate §1681a(e) + §1786.16 disclosure
Related Resources
- Tenant screening laws by state
- Landlord forms
- Eviction notice laws by state
- Security deposit laws by state
- Lease termination laws by state
- Late fee laws by state
Frequently Asked Questions
Is consent to contact references the same as FCRA authorization?
No, and the two should not be blurred together. Consent to contact references is the applicant’s permission for you to call the people they listed, such as a previous landlord or a supervisor, and to let those people speak to you. FCRA authorization concerns a consumer report obtained from a consumer reporting agency, and it exists to establish a permissible purpose under 15 U.S.C. § 1681b. They cover different acts, they involve different parties, and they carry different consequences. Keep them as separate signed documents, because a reference consent does not by itself supply the written instructions of the consumer contemplated by § 1681b(a)(2).
Do I legally need written consent to call a previous landlord or employer?
The FCRA does not require it, because a call you place yourself does not produce a consumer report from a consumer reporting agency. The practical reasons are what drive the form. Many previous landlords and most employers will not answer substantive questions without written permission from the applicant, and some employers have a policy of confirming only dates and title. A signed consent naming the references also fixes what the applicant offered up, which prevents a later argument that you contacted someone you were not authorized to reach. State privacy and employment reference laws add their own rules, so this varies.
What permissible purpose lets a screening company give me a report?
Two provisions of 15 U.S.C. § 1681b are the usual ones. Subsection (a)(2) permits a report in accordance with the written instructions of the consumer to whom it relates. Subsection (a)(3)(F)(i) permits it where the user has a legitimate business need for the information in connection with a business transaction initiated by the consumer, which is what a rental application is. Section 1681b(f) then forbids using or obtaining a report unless it was furnished for one of those purposes and the purpose was certified under § 1681e, which is why screening companies require users to certify their purpose before releasing anything.
Does the employment rule in § 1681b(b) apply to my rental screening?
No. Section 1681b(b) sets conditions for furnishing and using consumer reports for employment purposes, and each of its parts is written to that. Subsection (b)(2) requires a clear and conspicuous written disclosure in a document consisting solely of the disclosure, plus written authorization, before a report is procured for employment purposes. Subsection (b)(3) requires a copy of the report and a written description of the consumer’s rights before adverse action. Tenant screening is not employment purpose, so importing the standalone disclosure document or the pre-adverse-action copy into a rental file is applying the wrong rule. Rental denials follow § 1681m(a) instead.
If I deny an applicant after a reference call, do the notice rules apply?
Only if a consumer report was part of it. Section 1681m(a) is triggered when adverse action is based in whole or in part on a consumer report, so a denial resting purely on what a previous landlord told you does not trigger it. Do not reach for § 1681m(b) either. Subsection (b)(1) addresses credit for personal, family, or household purposes that is denied or repriced because of non-agency information, and subsection (b)(2) covers affiliate information for the credit, insurance, and employment adverse actions listed in § 1681a(k)(1)(A) and (k)(1)(B)(i) and (ii). Neither reaches a tenancy.
What can I actually ask a previous landlord?
Stick to verifiable tenancy facts: the dates of the tenancy, the rent amount, whether rent was paid on time, whether notices were served, whether the deposit was returned, the condition the unit was left in, and whether the landlord would rent to the applicant again. Ask the same questions of every applicant and write the answers on the same sheet, because an inconsistent script is what turns a reference call into a fair housing problem. Avoid questions that reach protected characteristics, including disability, family status, national origin, or source of income, and avoid asking about medical matters at all.
Can an applicant limit which references I contact?
Yes. The consent is the applicant’s, and it extends only as far as they grant it, which is why the form lists named references rather than granting open-ended permission. If an applicant strikes a current employer because they have not resigned yet, that is a normal request, and the usual response is to ask for an alternative verification such as recent pay records or a prior supervisor. What you should not do is treat a limited consent as a blanket one and call someone who was not listed. If a limitation leaves you unable to verify something material, say so in writing and let the applicant respond.
Do I need a separate signature for the background check?
As a practical matter, yes, and keeping the signatures separate is the cleaner approach. A reference consent authorizes calls; a screening authorization supports a permissible purpose under 15 U.S.C. § 1681b and lets a screening company release a report to you. Bundling both into one signature block makes it harder to show which permission the applicant actually gave, and harder to honor a partial withdrawal. Note that the standalone-document rule people cite here comes from § 1681b(b)(2) and applies to employment purposes, not tenancy, so separating them for a rental is sound practice rather than a federal command.
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⚖ Legal Disclaimer
This Consent to Contact References template is provided for general informational purposes only and does not constitute legal advice. Federal FCRA (15 USC §1681 et seq.) and state-specific consumer reporting laws (CA ICRA, NY GBL §380, WA RCW §19.182, MA MGL ch. 93 §50-69, and others) impose specific disclosure, authorization, and adverse-action requirements. Failure to comply exposes the requesting party to statutory damages, attorney fees, and civil liability. For FCRA compliance guidance, visit FTC FCRA resources. Consult a qualified attorney for specific compliance guidance.
