Delaware Residential Rental Application and Screening Packet

Delaware Residential Rental Application and Screening Packet

Use one packet per adult applicant. Give the criteria and fee disclosure before collecting money or ordering a report.

Privacy rule: Do not place sensitive identifiers or financial-account numbers in this packet. Collect identity credentials only through a separately approved secure channel with access controls and a retention schedule.

Delaware Creditworthiness Application-Fee Module

• Monthly rent: $[________]
• Ten percent of monthly rent: $[________]
• Statutory ceiling (greater of 10% of monthly rent or $50): $[________]
• Application fee charged: $[________]
• Receipt delivered on: [__/__/____] by ☐ Paper ☐ Email
• Two-year fee record retention through: [__/__/____]

When a tenant must pay a fee to determine creditworthiness, the landlord may charge no more than the greater of 10% of monthly rent or $50. Upon receiving the fee, the landlord must give a receipt for the full amount and retain complete fee records for at least two years. If the landlord unlawfully demands more than the allowable fee, the tenant is entitled to damages equal to double the application fee charged. 25 Del. C. § 5514(d).

1. Property and Housing Provider

• Property address/unit: [________________________________]
• Monthly rent/proposed move-in/term: [________________________________]
• Housing provider/agent and notice address: [________________________________]
• Completed application received: [__/__/____] at [____] ☐ a.m. ☐ p.m.

2. Written Screening Criteria

Apply criteria consistently. Do not discriminate in covered housing because of race, color, religion, sex, disability, familial status, or national origin. 42 U.S.C. § 3604(a)-(b), (f)(1)-(2). Check additional Delaware and local protected classes.

3. Applicant Information

• Full legal name/name used for references: [________________________________]
• Email/telephone: [________________________________]
• Current address and time there: [________________________________]
• Requested move-in date: [__/__/____]
• Other proposed occupants/relationship: [________________________________]
• Animals: [________________________________]
• Confidential assistance-animal process requested: ☐ Yes ☐ No

Do not ask for diagnosis or disability details here.

4. Residence and Income History

Applicant authorizes lawful verification of the information listed above.

5. Applicant Statements and Consumer-Report Authorization

• ☐ Information is complete and accurate to the best of the applicant's knowledge.
• ☐ Applicant received the written criteria and fee disclosure before payment.
• ☐ Applicant received the privacy/retention notice.
• ☐ Applicant understands this is not a lease or promise of approval.

I give written instructions authorizing [HOUSING PROVIDER/AGENT] and [CONSUMER REPORTING AGENCY] to obtain and use the checked reports solely for this rental application and lawful account review. 15 U.S.C. § 1681b(a)(2).

• Agency/address/telephone: [________________________________]
• Reports: ☐ Credit ☐ Rental history ☐ Eviction records ☐ Criminal records ☐ Other: [________]
• Authorization expires: [__/__/____]

Applicant signature: [________________________________] Date: [__/__/____]

6. Fee Receipt and Decision Record

• Amount/character: $[________] ☐ No fee ☐ Application fee ☐ Refundable deposit
• Payment reference, no full account number: [________________________________]
• Receipt number/date: [________________________________]
• Criteria applied exactly as disclosed: ☐ Yes
• Decision: ☐ Approved ☐ Conditional approval ☐ Denied ☐ Withdrawn
• Criterion and verified fact: [________________________________]
• Consumer report affected decision: ☐ Yes ☐ No
• Decision maker/date: [________________________________]

7. Adverse-Action Notice

Send this notice when a consumer report contributes in whole or in part to a decision adverse to the applicant, including an approval on less favorable terms. 15 U.S.C. §§ 1681a(k)(1)(B)(iv), 1681m(a).

Applicant/property/date: [________________________________]

Action: ☐ Denied ☐ Increased deposit ☐ Guarantor required ☐ Other: [________________________________]

Specific disclosed criterion and reason: [________________________________]

Consumer report used for this decision: We based this decision in whole or in part on information in a consumer report furnished by [AGENCY NAME], [AGENCY ADDRESS], [AGENCY PHONE AND NATIONAL TOLL-FREE NUMBER IF APPLICABLE]. The agency did not make this decision and cannot give you its specific reasons. You have a right to a free copy of your report from the agency if you request it within 60 days after receiving this notice and to dispute the accuracy or completeness of information in it with the agency. 15 U.S.C. § 1681m(a).

Numerical credit score used for this decision: Score [____]; possible range [____]; key factors adversely affecting the score, in order of importance [____]; date created [__/__/____]; person or entity that provided the score or underlying credit file [____]. List up to four key factors, subject to the special inquiry rule in § 1681g(f)(9). 15 U.S.C. §§ 1681m(a)(2), 1681g(f)(1)(B)-(E), (9).

Housing provider/agent signature: [________________________________]

Sources and References

• 15 U.S.C. § 1681b — https://uscode.house.gov/us/usc/119-134/t15/s1681b/
• 15 U.S.C. § 1681m — https://uscode.house.gov/us/usc/119-134/t15/s1681m/
• 15 U.S.C. § 1681g — https://uscode.house.gov/us/usc/119-134/t15/s1681g/
• 42 U.S.C. § 3604 — https://uscode.house.gov/us/usc/119-134/t42/s3604/
• 25 Del. C. § 5514(d) — https://delcode.delaware.gov/title25/c055/index.html