Recent reporting by Forbes reveals another predatory tactic of some unscrupulous landlords, illegal research into stimulus check status. The IRS has set up an online portal that allows Americans to track their stimulus payments either by direct deposit or check. Some landlords are using information provided by their tenants as part of the rental application to illegally access this portal to check if their tenants have received a stimulus payment. After confirming that a tenant has received payment these landlords hound tenants for rent payments.
Fortunately, landlords are unable to directly intercept their tenant’s direct deposit payments using the IRS online portal. There is already one instance documented on Twitter of an Oregon Property Management Company illegally using the IRS online portal to check that a tenant had received a stimulus check and demanding to know when payment has been made.
According to the reports author the Department of Justice was looking into the Oregon incident. Other tenants were reporting similar behavior by their landlords but may not have the same detailed admissions as the Oregon Tenant. The IRS online portal offers a clear warning that the information is only available to authorized users. The landlord proceeded anyway, potentially in violation of 18 USC § 1030.
Many states also have their own laws regarding online impersonation as well as unauthorized access to computer systems. The report suggests that tenants who suspect they have been victimized by their landlords improperly checking the status of their stimulus payment on the IRS website contact local law enforcement. The report also suggests consulting with an attorney where possible.
As the report notes it is unclear how widespread this practice is. Other twitter users were noting similar behavior by landlords and some on twitter have begun to suspect that debt collectors are using similar tactics to find debtors with funds to target. Access of the IRS online portal by debt collectors is just as illegal but may be harder to prove. Many debt collectors already have years of experience successfully engaging in illegal conduct and are unlikely to directly admit to illegally accessing the IRS online portal. Further, they are unlikely to engage in a text conversation about knowing that a stimulus check has been received and how they know.
The report also notes the steps some landlords are going to in order to actually help their tenants through tough times. From waiving rent or working out ways to reduce rent. However, tenants should be alert for landlords who do make demands about rent payment based on a stimulus check being received. As in the example for the Oregon Tenant, document as much as you can and ask questions about how the landlord knows the status of your stimulus check.
The Oregon Tenant was very fortunate that the landlord initiated the conversation by text message and readily admitted to how they accessed the status of his stimulus check. If you suspect that your landlord or a debt collector has illegally accessed the IRS online payment portal to view the status of your stimulus payment do your best to secure written admissions of the conduct that they engaged in. When dealing with debt collectors try your best if possible to maintain your own audio copies of the conversation. This evidence will give you additional ammunition to fight back against predatory debt collection tactics.
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Gary Nitzkin, Esq.
Licensed in Michigan only
