Fight Landlords Blog

What Is The Process To Clear Wrongful Eviction Records From My Rental History?

By FightLandlords
What Is The Process To Clear Wrongful Eviction Records From My Rental History?

A wrongful eviction on your rental history isn't just an annoyance—it's a barrier that can lock you out of decent housing for years, even when the eviction was dismissed, vacated, or based on mistaken identity. And here's what most tenants don't realize: clearing it requires fighting on two separate fronts simultaneously.

Understanding how to fix both the court record and force screening companies to stop reporting false information is what separates tenants stuck with permanent housing barriers from those who clear their records and move forward.

Why One Eviction Record Creates Two Separate Problems

When a wrongful eviction appears on your record, you're actually dealing with two distinct systems that don't automatically sync with each other.

Problem 1: The Housing Court record

Problem 2: Tenant screening reports

Why both matter: Some landlords check court records directly. Others use screening companies. Many do both. Fixing only one source leaves you vulnerable to denials from landlords using the other source.

The two-track solution:

Both tracks must be pursued, often simultaneously, to fully clear wrongful eviction from blocking your housing opportunities.

Step 1: Identify Exactly What's on Your Record

Before you can fix anything, you need to know precisely what information exists and where it's appearing.

Get Your Complete Housing Court Record

How to obtain court records:

Online through eCourts:

In person at Housing Court clerk:

What to look for in court records:

Document everything:

This complete picture shows what actually happened versus what might be incorrectly reported.

Obtain Your Tenant Screening Reports

Your legal right to reports: Under the Fair Credit Reporting Act (FCRA), you're entitled to a free copy of any consumer report used to deny you housing.

How to get reports after denial:

Proactively getting reports: Even without denial, you can request reports from major tenant screening companies:

Major tenant screening companies:

What these reports show:

Cost considerations:

Compare Court Records to Screening Reports

Look for discrepancies:

Common errors to identify:

Different versions across companies:

Why comparison matters: Identifying exactly what's wrong and where provides ammunition for disputes. Generic "this is wrong" complaints are weak. Specific "your report shows judgment but court record shows dismissal on [date]" complaints get results.

Step 2: Fix the Housing Court Record

New York doesn't have general expungement for Housing Court cases, but specific legal mechanisms can correct or vacate wrongful judgments.

Vacating Default Judgments

What is a default judgment:

Grounds to vacate default: You must prove two things:

1. Reasonable excuse for default:

2. Meritorious defense:

How to file motion to vacate default:

Step 1: Prepare Order to Show Cause

Step 2: Write supporting affidavit

Step 3: Gather supporting documents

Step 4: File with court

Step 5: Serve landlord

Step 6: Attend hearing

If granted:

Timeline:

Ensuring Dismissals Are Properly Recorded

When your case was dismissed: Dismissal should be clearly reflected in court record, but sometimes isn't documented properly.

Types of dismissals:

Dismissal for landlord's failure:

Dismissal on the merits:

Stipulation of discontinuance:

Problems that occur:

How to ensure clear dismissal record:

If you have dismissal order:

If dismissal wasn't reduced to order:

If landlord won't cooperate:

Why this matters: "Disposed" or "settled" doesn't tell future landlords you won. Clear "dismissed" or "judgment for tenant" does. The clearer the victory, the less screening companies can misrepresent it.

Getting Judgments and Warrants Vacated

When judgment exists but was wrongful:

Grounds to vacate judgment:

Process: Similar to vacating default but with different legal grounds. File motion showing why judgment should be set aside.

Vacating warrants:

Settlement violations:

Special Cases: Post-Foreclosure Protections

Sealed records for certain foreclosure evictions: New York law requires sealing of certain post-foreclosure eviction records to protect tenants who weren't responsible for foreclosure.

When records must be sealed:

Effect of sealing:

How to ensure sealing:

If screening company reports sealed record:

Step 3: Force Screening Companies to Correct Reports

Fixing the court record is only half the battle. You must also ensure screening companies update their databases to reflect corrections.

Understanding Your FCRA Rights

Fair Credit Reporting Act protections:

What this means practically: Even if court record isn't perfect, if screening company can't verify what they're reporting or you provide evidence it's wrong, they must correct it.

How to Dispute Screening Report Errors

Step 1: Identify all companies with errors

Step 2: Draft detailed dispute letter

Your dispute letter must include:

Example language: "I am disputing the eviction record listed on my tenant screening report for case number [X]. Your report shows a judgment was entered against me. However, the attached court order dated [date] shows this case was dismissed. Under the FCRA, I am requesting you investigate this error and correct your records to show this case was dismissed, not judged against me."

Step 3: Attach supporting documentation

Critical documents to include:

Why documentation matters: Screening companies can't just take your word. Official court documents force them to correct their records or admit they can't verify what they're reporting.

Step 4: Send via certified mail

Step 5: Follow up if no response

Company obligations:

If they don't respond:

What Happens During Investigation

Screening company must:

Possible outcomes:

1. Error corrected:

2. Entry deleted:

3. Record remains but modified:

4. Dispute rejected:

Your rights if dispute rejected:

Dealing with Multiple Screening Companies

Why multiple disputes needed:

Strategy:

Common players to check:

Adding Statement to Your File

If screening company won't remove error: FCRA gives you right to add 100-word statement to your file explaining the dispute.

What your statement should say:

Limitations:

Example statement: "The eviction case shown was dismissed by the court on [date] due to landlord's error. I have provided certified court records showing dismissal, but the screening company refuses to correct this. The case should not appear as judgment against me. Court documents available upon request."

Step 4: Combat Ongoing Blacklisting

Even after fixing court records and screening reports, you may still face barriers from landlords who see that a case once existed.

Understanding What Landlords Can See

Court records aren't sealed:

What this means:

New York's Sealed Record Protections

Recent protections: New York law increasingly protects tenants from discrimination based on sealed records.

What's protected:

What landlords risk:

If landlord uses sealed record:

Addressing Visible-But-Dismissed Cases

When case shows as dismissed but landlord still denies:

Proactive explanation strategy:

Example language: "You may see a dismissed Housing Court case from [date]. This case was filed in error by a prior landlord and was dismissed by the court. I have attached the court order showing the case was dismissed in my favor. I have never been evicted and have excellent rental history, as my references will confirm."

Why this helps:

Dealing with Denials Based on False Information

If landlord denies based on wrong information:

Step 1: Request specific reason

Step 2: Provide corrected documentation

Step 3: Ask for reconsideration

Step 4: File complaints if appropriate

Step 5: Consider legal action

Building Compensating Positive Record

While clearing negative information:

Why this matters: Even with cleared record, having strong positive information helps overcome any lingering concerns landlords might have.

Step 5: Get Legal Help for Technical Process

Clearing wrongful eviction records involves technical legal procedures and strict timelines. Professional assistance significantly improves outcomes.

Free Legal Services in New York

NYC legal services:

Legal Aid Society:

Legal Services NYC:

Housing Court Answers:

NYC Right to Counsel:

Statewide resources:

LawHelpNY.org:

Legal aid societies:

Law school clinics:

What to Bring to Attorney

Documents needed:

Information to provide:

Questions to ask attorney:

Timeline Expectations

Court record corrections:

Screening report corrections:

Total process:

Managing expectations:

Special Situations Requiring Different Approaches

Certain wrongful eviction scenarios require modified strategies.

Wrong Person (Mistaken Identity)

When someone else's eviction appears on your record:

Common causes:

How to fix:

Evidence needed:

Why this is strongest case:

Cases You Didn't Know About

Eviction filed without your knowledge:

How this happens:

Defense strategy:

Clearing process:

Old Cases That Keep Reappearing

Zombie evictions:

Why this happens:

Solution:

Post-Eviction Cases (You Already Moved)

When you moved out but case still shows wrong outcome:

Common scenario:

Fix:

Why judgment is wrong:

Your Record Doesn't Have to Define Your Future

A wrongful eviction on your record creates real barriers to housing, but those barriers aren't permanent when you understand the two-track process for clearing them.

Fix the court record by vacating defaults, ensuring dismissals are properly documented, and getting wrongful judgments set aside. Then force screening companies to correct their reports by disputing under the FCRA with documented proof of errors. Address both simultaneously because landlords check both sources.

The process takes time, persistence, and often legal help—but it works. Thousands of New York tenants clear wrongful eviction records every year by following these steps systematically.

Document everything. Meet deadlines. Dispute every error with every company. Follow up relentlessly. Get legal help when the process gets technical. Your housing opportunities depend on clearing this record, and the law provides the tools to do it.

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