Does a private landlord have to tell me that the criminal record information that showed up in a private background check/tenant report is the reason I am not getting the apartment?

Yes! The landlord has to tell you if your criminal history is the reason you are not getting the apartment. If there is a negative action taken—like not renting you the apartment—because of a background report, the landlord must follow this 2-step procedure:

STEP 1: The landlord must provide you with a copy of the report and a copy of the Federal Trade Commission Summary of Rights before the negative action is taken—giving you an opportunity to clear up any inaccuracies in the report.

STEP 2: If the landlord goes forward with the negative action, it must provide you notice about the adverse decision, the contact information of the reporting agency, a statement that the landlord (and not the screening company) made the adverse decision; and your right to dispute the accuracy or completeness of the report.[1294]

  1. 1294

    15 U.S.C. §§ 1681b(b)(3), 1681m(a); Cal. Civ. Code § 1786.40.