House Committee of Reference Report
Committee on Transportation, Housing & Local Government
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March 24, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1196 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. Legislative declaration.
Page 1, Line 4(1) The general assembly finds and declares that:
Page 1, Line 5(a) Rent is one of the largest recurring expenses for many
Page 1, Line 6households in Colorado, and rent payment has profound implications for
Page 1, Line 7tenants' financial stability, opportunity, and long-term wealth-building;
Page 1, Line 8(b) Everyone has the right to fair treatment and transparency in
Page 1, Line 9housing. Affording tenants better opportunities to understand information
Page 1, Line 10landlords access and criteria landlords use to grant or deny applications
Page 1, Line 11will reduce uncertainty, arbitrary denials, and discrimination;
Page 1, Line 12(c) According to the federal national mortgage association,
Page 1, Line 13positive rent payment reporting, which occurs when tenants' on-time rent
Page 1, Line 14payments are reported to consumer reporting agencies, helps renters to
Page 1, Line 15establish, maintain, or improve credit scores, expands access to affordable
Page 1, Line 16financing, and strengthens eligibility for home ownership, thereby
Page 1, Line 17advancing financial empowerment, independence, and opportunity;
Page 1, Line 18(d) Encouraging and facilitating on-time rent payments benefits
Page 1, Line 19tenants, property owners, and lenders by fostering financial responsibility,
Page 1, Line 20reducing delinquencies, increasing tenant retention, and enhancing
Page 1, Line 21confidence in the housing market;
Page 1, Line 22(e) Protecting tenants’ personal identifying information in eviction
Page 1, Line 23court filings is necessary to reduce the risk of identity theft, financial
Page 1, Line 24harm, and misuse of sensitive data when court records become publicly
Page 1, Line 25accessible;
Page 1, Line 26(f) Providing tenants with notice regarding whether a landlord
Page 1, Line 27offers positive rent reporting facilitates equitable access to these benefits,
Page 2, Line 1particularly for households that have historically faced barriers to credit
Page 2, Line 2or wealth-building, including low-income renters, women, and
Page 2, Line 3communities of color; and
Page 2, Line 4(g) Renters who can leverage their rental payment history have
Page 2, Line 5more opportunities to buy a home, start a business, access education, and
Page 2, Line 6participate fully in economic life, while landlords and lenders are better
Page 2, Line 7able to make informed, fair, and transparent decisions.
Page 2, Line 8(2) Therefore, the general assembly finds and declares that
Page 2, Line 9requiring covered landlords to provide transparency in tenant screening
Page 2, Line 10and to notify tenants regarding whether or not the covered landlord offers
Page 2, Line 11positive rent reporting:
Page 2, Line 12(a) Supports a renter's ability to find housing that will help the
Page 2, Line 13renter build credit, achieve long-term financial stability, and access
Page 2, Line 14opportunity; and
Page 2, Line 15(b) Is essential to protecting and promoting the rights, financial
Page 2, Line 16well-being, and dignity of all renters in Colorado.
Page 2, Line 17SECTION 2. In Colorado Revised Statutes, add 13-40-110.2 as
Page 2, Line 18follows:
Page 2, Line 1913-40-110.2. Personal identifying information in eviction court
Page 2, Line 20filings - landlord's duties - definition.
Page 2, Line 21(1) A landlord shall comply with applicable court rules
Page 2, Line 22governing the protection and redaction of personal identifying
Page 2, Line 23information in eviction filings.
Page 2, Line 24(2) A landlord shall redact personal identifying
Page 2, Line 25information from any supporting documents submitted to a
Page 2, Line 26court that may become publicly accessible. A landlord may
Page 2, Line 27submit personal identifying information in a confidential
Page 2, Line 28manner consistent with judicial department procedures if a
Page 2, Line 29court requires such information.
Page 2, Line 30(3) Nothing in this section prohibits a landlord from
Page 2, Line 31including personal identifying information explicitly required
Page 2, Line 32by a court. All other supporting documents submitted must
Page 2, Line 33comply with subsection (2) of this section.
Page 2, Line 34(4) As used in this section, unless the context otherwise
Page 2, Line 35requires, "personal identifying information" includes a:
Page 2, Line 36(a) Social security number;
Page 2, Line 37(b) Birth date;
Page 2, Line 38(c) Driver's license number;
Page 2, Line 39(d) State identification number;
Page 2, Line 40(e) Bank account number;
Page 2, Line 41(f) Credit card number; and
Page 2, Line 42(g) Debit card number.
Page 2, Line 43SECTION 3. In Colorado Revised Statutes, 38-12-904, add (1.7)
Page 3, Line 1as follows:
Page 3, Line 238-12-904. Consideration of rental applications - limitations
Page 3, Line 3- portable tenant screening report - notice to prospective tenants -
Page 3, Line 4denial notice.
Page 3, Line 5(1.7) A landlord shall include in all rental applications
Page 3, Line 6a notice to prospective tenants regarding the information and
Page 3, Line 7data the landlord will attempt to access when conducting a
Page 3, Line 8tenant screening and the specific criteria that would result in
Page 3, Line 9the landlord's denial of a prospective tenant's application.
Page 3, Line 10SECTION 4. In Colorado Revised Statutes, add part 16 to article
Page 3, Line 1112 of title 38 as follows:
Page 3, Line 12PART 16
Page 3, Line 13RENT REPORTING REQUIRED BY COVERED LANDLORDS
Page 3, Line 1438-12-1601. Positive rent reporting disclosure required by
Page 3, Line 15covered landlords - definitions.
Page 3, Line 16(1) As used in this section:
Page 3, Line 17(a) "Consumer reporting agency" has the meaning set
Page 3, Line 18forth in section 5-18-103 (4).
Page 3, Line 19(b) "Covered landlord" means a person who is an owner,
Page 3, Line 20manager, lessor, sublessor, successor in interest, or agent of
Page 3, Line 21the owner of a dwelling unit and who is responsible for five or
Page 3, Line 22more dwelling units in the person's capacity as a landlord or
Page 3, Line 23who receives loans, grants, or equity provided from public funds
Page 3, Line 24of the state to support the creation or preservation of
Page 3, Line 25affordable housing units in the person's capacity as a landlord.
Page 3, Line 26A "covered landlord" does not include a person who is an owner,
Page 3, Line 27manager, lessor, sublessor, successor in interest, or agent of
Page 3, Line 28the owner of dwelling units that are rented exclusively by
Page 3, Line 29tenants who are sixty years old or older.
Page 3, Line 30(c) "Dwelling unit" has the meaning set forth in section
Page 3, Line 3138-12-502 (3).
Page 3, Line 32(d) "Exact cost" means the cost a covered landlord pays
Page 3, Line 33to a consumer reporting agency or a third-party service to
Page 3, Line 34report a tenant's rental payment information.
Page 3, Line 35(e) "Positive rent reporting" means the transmittal of
Page 3, Line 36information relating to a tenant's timely payment of rent
Page 3, Line 37according to a lease agreement and does not include
Page 3, Line 38transmittal of information relating to late payments or
Page 3, Line 39nonpayments.
Page 3, Line 40(2) (a) Before entering into a lease agreement with a
Page 3, Line 41prospective tenant, the covered landlord shall disclose in
Page 3, Line 42writing whether the covered landlord offers positive rent
Page 3, Line 43reporting, and, if the covered landlord does offer positive rent
Page 4, Line 1reporting, the covered landlord shall provide the tenant the
Page 4, Line 2option to participate with at least one consumer reporting
Page 4, Line 3agency available to the covered landlord in the state.
Page 4, Line 4(b) If a covered landlord offers positive rent reporting,
Page 4, Line 5the covered landlord shall provide written notice to a
Page 4, Line 6prospective tenant regarding whether the covered landlord
Page 4, Line 7offers positive rent reporting at a cost to the tenant. A covered
Page 4, Line 8landlord may charge a tenant a fee or other charge that is
Page 4, Line 9equal to the covered landlord's exact cost of positive rent
Page 4, Line 10reporting for the tenant.
Page 4, Line 11(3) If a covered landlord offers positive rent reporting at
Page 4, Line 12no cost to a tenant, the covered landlord shall report a
Page 4, Line 13tenant's rental payment information to at least one consumer
Page 4, Line 14reporting agency unless the tenant opts out of positive rent
Page 4, Line 15reporting.
Page 4, Line 16(4) If a covered landlord offers positive rent reporting at
Page 4, Line 17a cost to a tenant, the covered landlord shall obtain the
Page 4, Line 18tenant’s affirmative consent before reporting the tenant’s
Page 4, Line 19rental information or charging the tenant a fee or charge
Page 4, Line 20associated with positive rent reporting.
Page 4, Line 21(5) A tenant may opt out of positive rent reporting at any
Page 4, Line 22time by notifying the tenant's covered landlord in writing.
Page 4, Line 23SECTION 5. Effective date. This act takes effect January 1,
Page 4, Line 242027.
Page 4, Line 25SECTION 6. Safety clause. The general assembly finds,
Page 4, Line 26determines, and declares that this act is necessary for the immediate
Page 4, Line 27preservation of the public peace, health, or safety or for appropriations for
Page 4, Line 28the support and maintenance of the departments of the state and state
Page 4, Line 29institutions.".