The Ninth Circuit held that the California Investigative Consumer Reporting Agencies Act was not unconstitutionally vague as applied to tenant screening reports because it overlapped in the coverage of some consumer credit reports with the state's Consumer credit Reporting Agencies Act. The statute thus applied to the reporting on a tenant screening report of a May 2000 misdemeanor charge which was later dismissed. The court also said that the federal Fair Credit Reporting Act disallows reporting of records of arrest which antedate the date of entry by more than seven years. Moran v. The Screening PROs,-F.3d -, 2019 WL 2094300, No. 12-57246 (9th Cir. May 14, 2019). In February 2010, Gabriel Moran applied for an affordable housing unit at Maple Square Apartments ("Maple Square"). Maple Square requested that The Screening Pros ("TSP") prepare a tenant screening report on Moran. The report showed: (1) a May 16, 2000 misdemeanor charge for being under the influence of a controlled substance ("2000 Charge"), dismissed on March 2, 2004; two June 2006 charges for burglary and forgery, dismissed that same month; and a June 2006 conviction for misdemeanor embezzlement from an elder dependent adult. Maple Square used the report to deny Moran's rental application due to his 2006 embezzlement conviction, and allegedly because of the three dismissed charges.
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