House Bill 25-1236 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning the screening of a prospective residential tenant

• Page 1, Line 102by a landlord.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill amends the definition of a "portable tenant screening report" (screening report) to specify that a prospective tenant using a housing subsidy is not required to include a credit history report, a credit score, or an adverse credit event with the tenant's screening report.

The bill repeals language allowing a landlord to require a tenant to make a screening report directly available to the landlord through a consumer reporting agency or third-party website.

Current law prohibits a landlord from inquiring into a prospective tenant's adverse credit event. The bill defines "adverse credit event" as an event that can be reflected in a consumer credit report or might negatively affect a person's credit score, including past due delinquent rent payments and collections.

The bill allows a landlord receiving a portable tenant screening report to require that the screening report was completed within the previous 60 days, which time period is increased from 30 days.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 38-12-902, amend (2.5)(e)(I) as follows:

• Page 2, Line 338-12-902.  Definitions. As used in this part 9, unless the context otherwise requires:

• Page 2, Line 4(2.5)  "Portable tenant screening report" or "screening report"

• Page 2, Line 5means a consumer report prepared at the request of a prospective tenant

• Page 2, Line 6that includes information provided by a consumer reporting agency,

• Page 2, Line 7which report includes the following information about a prospective

• Page 2, Line 8tenant and the date through which the information contained in the report is current:

• Page 2, Line 9(e)  For each jurisdiction indicated in the consumer report as a

• Page 2, Line 10prior residence of the prospective tenant, regardless of whether the

• Page 2, Line 11residence is reported by the prospective tenant or by the consumer reporting agency preparing the consumer report:

• Page 2, Line 12(I)  A rental and credit history report for the prospective tenant that

• Page 2, Line 13complies with section 38-12-904 (1)(a) concerning a landlord's

• Page 2, Line 14consideration of a prospective tenant's rental history; except that a

• Page 2, Line 15credit history report, a credit score, or an adverse credit event,

• Page 2, Line 16as defined in section 38-12-904 (1)(c)(II), is not required to be

• Page 3, Line 1included in a portable tenant screening report concerning a

• Page 3, Line 2prospective tenant who is seeking to rent with the assistance of a housing subsidy; and

• Page 3, Line 3SECTION 2.  In Colorado Revised Statutes, 38-12-904, amend (1)(c)(II) and (1.5)(b)(I); and repeal (1.5)(b)(II) as follows:

• Page 3, Line 438-12-904.  Consideration of rental applications - limitations

• Page 3, Line 5- portable tenant screening report - notice to prospective tenants -

• Page 3, Line 6denial notice. (1) (c)  If a landlord uses financial information, including

• Page 3, Line 7rental history or credit history, as a criterion in consideration of a rental

• Page 3, Line 8application from a prospective tenant who is seeking to rent with the

• Page 3, Line 9assistance of a housing subsidy, the landlord shall not consider or inquire about the prospective tenant's:

• Page 3, Line 10(II)  Credit score, adverse credit event, or lack of credit score

• Page 3, Line 11unless the landlord is required by federal law to consider a credit score or

• Page 3, Line 12a lack of a credit score. As used in this subsection (1)(c)(II), "adverse

• Page 3, Line 13credit event" means an event that can be reflected in a

• Page 3, Line 14consumer credit report and might negatively affect a person's

• Page 3, Line 15credit score, including past due delinquent rent payments and collections.

• Page 3, Line 16(1.5) (b)  A landlord receiving a portable tenant screening report may require:

• Page 3, Line 17(I)  That the screening report was completed within the previous thirty sixty days;

• Page 3, Line 18(II)  That the screening report is made directly available to the

• Page 3, Line 19landlord by the consumer reporting agency for use in the rental

• Page 3, Line 20application process or provided through a third-party website that

• Page 3, Line 21regularly engages in the business of providing consumer reports and

• Page 4, Line 1complies with all state and federal laws pertaining to use and disclosure

• Page 4, Line 2of information contained in a consumer report by a consumer reporting agency;

• Page 4, Line 3SECTION 3.  Act subject to petition - effective date -

• Page 4, Line 4applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 4, Line 5the expiration of the ninety-day period after final adjournment of the

• Page 4, Line 6general assembly; except that, if a referendum petition is filed pursuant

• Page 4, Line 7to section 1 (3) of article V of the state constitution against this act or an

• Page 4, Line 8item, section, or part of this act within such period, then the act, item,

• Page 4, Line 9section, or part will not take effect unless approved by the people at the

• Page 4, Line 10general election to be held in November 2026 and, in such case, will take

• Page 4, Line 11effect on the date of the official declaration of the vote thereon by the governor.

• Page 4, Line 12(2)  This act applies to rental applications submitted on or after the applicable effective date of this act.