First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0822.01 Yelana Love x2295
HOUSE BILL 25-1236
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE SCREENING OF A PROSPECTIVE RESIDENTIAL TENANT101
BY A LANDLORD.102
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
HOUSE SPONSORSHIP
Lindsay,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 38-12-902, amend2
(2.5)(e)(I) as follows:3
38-12-902. Definitions. As used in this part 9, unless the context4
otherwise requires:5
(2.5) "Portable tenant screening report" or "screening report"6
means a consumer report prepared at the request of a prospective tenant7
that includes information provided by a consumer reporting agency,8
which report includes the following information about a prospective9
tenant and the date through which the information contained in the report10
is current:11
(e) For each jurisdiction indicated in the consumer report as a12
prior residence of the prospective tenant, regardless of whether the13
residence is reported by the prospective tenant or by the consumer14
reporting agency preparing the consumer report:15
(I) A rental and credit history report for the prospective tenant that16
complies with section 38-12-904 (1)(a)
concerning a landlord's17
consideration of a prospective tenant's rental history;
EXCEPT THAT A18
CREDIT HISTORY REPORT, A CREDIT SCORE, OR AN ADVERSE CREDIT EVENT,19
AS DEFINED IN SECTION 38-12-904 (1)(c)(II), IS NOT REQUIRED TO BE20
HB25-1236-2- INCLUDED IN A PORTABLE TENANT SCREENING REPORT CONCERNING A1
PROSPECTIVE TENANT WHO IS SEEKING TO RENT WITH THE ASSISTANCE OF2
A HOUSING SUBSIDY; and3
SECTION 2. In Colorado Revised Statutes, 38-12-904, amend4
(1)(c)(II) and (1.5)(b)(I); and repeal (1.5)(b)(II) as follows:5
38-12-904. Consideration of rental applications - limitations6
- portable tenant screening report - notice to prospective tenants -7
denial notice. (1) (c) If a landlord uses financial information, including8
rental history or credit history, as a criterion in consideration of a rental9
application from a prospective tenant who is seeking to rent with the10
assistance of a housing subsidy, the landlord shall not consider or inquire11
about the prospective tenant's:12
(II) Credit score, adverse credit event, or lack of credit score13
unless the landlord is required by federal law to consider a credit score or14
a lack of a credit score. A
S USED IN THIS SUBSECTION (1)(c)(II), "ADVERSE15
CREDIT EVENT" MEANS AN EVENT THAT CAN BE REFLECTED IN A16
CONSUMER CREDIT REPORT OR MIGHT NEGATIVELY AFFECT A PERSON 'S17
CREDIT SCORE, INCLUDING PAST DUE DELINQUENT RENT PAYMENTS AND18
COLLECTIONS.19
(1.5) (b) A landlord receiving a portable tenant screening report20
may require:21
(I) That the screening report was completed within the previous22
thirty
SIXTY days;23
(II) That the screening report is made directly available to the24
landlord by the consumer reporting agency for use in the rental25
application process or provided through a third-party website that26
regularly engages in the business of providing consumer reports and27
HB25-1236
-3- complies with all state and federal laws pertaining to use and disclosure1
of information contained in a consumer report by a consumer reporting2
agency;3
SECTION 3. Act subject to petition - effective date -4
applicability. (1) This act takes effect at 12:01 a.m. on the day following5
the expiration of the ninety-day period after final adjournment of the6
general assembly; except that, if a referendum petition is filed pursuant7
to section 1 (3) of article V of the state constitution against this act or an8
item, section, or part of this act within such period, then the act, item,9
section, or part will not take effect unless approved by the people at the10
general election to be held in November 2026 and, in such case, will take11
effect on the date of the official declaration of the vote thereon by the12
governor.13
(2) This act applies to rental applications submitted on or after the14
applicable effective date of this act.15
HB25-1236
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