From Screening to Eviction: Navigating FCRA Compliance, Rental Junk Fees, and Unlawful Detainer Practice

Ariel Nelson
Steve Sharpe
Avi Sinai
Ariel Nelson | National Consumer Law Center
Steve Sharpe | National Consumer Law Center
Avi Sinai | Sinai Law Firm

Live Video-Broadcast: July 28, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

Screening Reports and Eviction Notices Now Carry Equal Risk

Residential landlord-tenant practice has fractured into two high-liability fronts most practitioners still treat as unrelated. At the front end, algorithmic screening systems produce reports with the systemic accuracy failures documented in NCLC's Digital Denials research, and FCRA enforcement under §§ 1681e(b), 1681i, and 1681m now reaches both screening vendors and the landlords who rely on them.

At the back end, just cause eviction regimes — New York's Good Cause Eviction Act, Colorado HB24-1098,Maryland HB 693 — are expanding while stateslike Florida preempt local protection entirely, and unlawful detainer procedure remains a jurisdiction-specific minefield of notice defects, amendment bars, and dismissal traps. In between, the junk fee crackdown — state AG enforcement, FTC and CFPB action, NCLC's Too Damn High findings — has turned application fees, amenity charges, and post-tenancy collections into UDAP class action targets.

This program delivers FCRA compliance architecture, the fee typology driving current litigation, state by state UD notice checklists, and habitability and security deposit frameworks now generating affirmative claims with statutory fee-shifting — equipping practitioners to audit screening vendors, identify fee exposure, draft procedurally sound notices, and advise both sides under current law.

What Will You Learn

Attorneys will learn FCRA screening compliance, junk fee liability frameworks, just cause eviction regimes, UD notice requirements, habitability defenses, and AI risks in landlord-tenant practice.

What Will You Gain

Attorneys will gain state-by-state UD procedural checklists, FCRA compliance architecture, rental fee enforcement strategies, and habitability claim tools for immediate practice use.

Key topics to be discussed:

  • FCRA vendor audit
    Audit a tenant screening report against §§ 1681e(b), 1681i, and 1681m to surface the landlord's direct liability, not just the vendors.
  • Junk fee typology
    Map applications, amenity, technology, and convenience charges onto the UDAP theories driving current AG and class action enforcement.
  • UD notice defects
    Run a state-by-state notice checklist to catch the defects, amendment bars, and dismissal traps that sink unlawful detainer cases.
  • Habitability as offense
    Convert a habitability problem from a defense into an affirmative claim carrying statutory fee-shifting.
  • Forfeiture waiver
    Spot when accepting full or partial rent waives forfeiture and hands the tenant a defense, by state.
  • Lease restructuring
    Counsel landlords moving to NNN-style structures that recharacterize rent and fees to cut exposure.

This course is co-sponsored with myLawCLE.

Date / Time: July 28, 2026

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Ariel Nelson, Senior Attorney | National Consumer Law Center

Ariel Nelson is a senior attorney at the National Consumer Law Center, where she serves as one of the nation’s leading voices on credit reporting, tenant and employment screening, consumer protections for renters, and the consumer issues facing justice-involved individuals and their families. She directs NCLC’s Criminal Justice Debt & Reintegration Project and is widely recognized for research and advocacy that has reshaped how policymakers, regulators, and practitioners understand the systemic failures in the background screening and rental fee industries.

  • Education & Credentials

Ms. Nelson holds a J.D. from Harvard Law School, cum laude; an LL.M. from Georgetown University Law Center; and a B.A. from the University of California, Berkeley, summa cum laude. She is admitted to practice in Massachusetts, California, and the District of Columbia

  • Recognition & Leadership

Ms. Nelson is the recipient of NCLC’s Rising Star Award in recognition of her contributions to consumer protection advocacy. She is the author or co-author of several landmark NCLC publications that have driven national policy conversations, including Digital Denials: How Abuse, Bias, and Lack of Transparency in Tenant Screening Harm Renters and the Commercialized (In)Justice Litigation Guide: Applying Consumer Laws to Commercial Bail, Prison Retail, and Private Debt Collection.

  • Professional Involvement

Ms. Nelson has provided expert legislative testimony before multiple state legislatures, including the Connecticut General Assembly and the Maryland General Assembly, on issues ranging from tenant screening reform to consumer reporting accuracy. She serves as faculty for the Practicing Law Institute (PLI) and is a co-author of NCLC’s Fair Credit Reporting treatise and a contributing author of Collection Actions — both standard references for consumer law practitioners nationwide.

  • Experience

Prior to joining NCLC, Ms. Nelson investigated and litigated administrative and environmental law cases as a staff attorney and clinical teaching fellow at Georgetown University Law Center. She served as a law clerk to the Honorable David O. Carter of the U.S. District Court for the Central District of California and to the Honorable Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit.

 

Steve Sharpe, Senior Attorney | National Consumer Law Center

Steve Sharpe is a senior attorney at the National Consumer Law Center, where he leads NCLC’s federal mortgage servicing policy work and is recognized as one of the country’s foremost practitioner advocates on foreclosure defense, mortgage lending, and housing finance. His work spans direct policy engagement with federal
agencies, congressional testimony, and the development of authoritative legal treatises that serve as essential references for consumer law attorneys and housing counselors nationwide.

  • Education & Credentials

Mr. Sharpe holds a J.D. from Indiana University School of Law in Bloomington and a B.A. from the University of Michigan.

  • Recognition & Leadership

He is a cohort member of the Shriver Center’s Racial Justice Institute and a former Consumer Fellow with the American Bar Association’s Consumer Financial Services Committee. He has testified before the United States House Committee on Veterans’ Affairs, Subcommittee on Economic Opportunity, on the state of the U.S. Department of Veterans Affairs Home Loan Guaranty Program — advocating for foreclosure protections and loss mitigation options for VA-guaranteed borrowers.

  • Professional Involvement

Mr. Sharpe is a co-author of several cornerstone NCLC publications, including Mortgage Servicing and Loan Modifications; Home Foreclosures; and How GSE Note Sales Undermine Homeownership, which examines the impact of bulk sales of hundreds of thousands of home loans to investors. He is also a contributing author of NCLC’s Truth in Lending treatise.

  • Experience

Prior to joining NCLC, Mr. Sharpe represented homeowners at the Legal Aid Society of Southwest Ohio. He began his career in 2005 at Indiana Legal Services as a Skadden Fellow, where his practice focused on representing borrowers trapped in predatory loans — grounding his policy and treatise work in years of direct client representation on the front lines of the housing crisis.

 

Avi Sinai, Founder | Sinai Law Firm

Avi Sinai is the founder of Sinai Law Firm (https://sinailawfirm.com/), a Santa Monica-based practice concentrated on real estate transactions, landlord-tenant disputes, and eviction litigation throughout the Los Angeles metropolitan area. Since establishing the firm, Mr. Sinai has built a reputation for trial-ready, results-driven representation — handling contested residential and commercial evictions, unlawful detainer jury trials, habitability claims, broker disputes, and multimillion-dollar real estate transactions across some of California’s most heavily regulated rental markets, including Los Angeles, Santa Monica, and West Hollywood.

  • Education & Credentials

Mr. Sinai holds a J.D. from the University of California, Hastings College of Law (2011) and a B.A. from the University of California, Berkeley (2008). He is admitted to practice law in the State of California.

  • Recognition & Leadership

His published work addresses rent control compliance, just cause eviction frameworks under the California Tenant Protection Act, and the procedural demands of unlawful detainer practice in rent-stabilized jurisdictions. His courtroom results have attracted national attention, including a unanimous 12–0 jury verdict in a contested eviction involving one of Los Angeles’s most well-known professional tenants — a case that required post-judgment enforcement, a restraining order, and a $30,000 money judgment.

  • Professional Involvement

Mr. Sinai maintains an active publishing and practitioner education presence, producing substantive legal content on eviction procedure, rent regulation, lease structuring, cash-for-keys negotiations, habitability defense, and real estate transaction risk.

  • Experience

His litigation experience spans multiple jury trials, contested residential and commercial mediations, administrative hearings, and complex transactional disputes. His selected results include a commercial eviction that added over $700,000 in property value through strategic lease restructuring, an 89-day jury trial eviction following three prior failed attempts involving over $250,000 in unpaid rent, and transactional work exceeding $10 million in commercial portfolio sales.

Agenda

SESSION 1 – Unlawful Detainer Procedure, Habitability, and Lease Strategy in 2026 | 1:00pm – 2:00pm

Masters just cause eviction regimes, UD notice requirements, and dismissal traps across key jurisdictions. Examine habitability as both defense and affirmative claim, security deposit litigation, post-COVID protections, and AI’s impact on landlord-tenant practice.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Tenant Screening Under the FCRA and the Rental Junk Fees Crackdown | 2:10pm – 3:10pm

Examine FCRA obligations under §§ 1681e(b), 1681i, and 1681m for screening vendors and landlord-users. Analyze the rental junk fee typology of driving UDAP claims, AG enforcement, and post-tenancy debt collection litigation.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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