First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction 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 3rd Reading Unamended March 26, 2025 HOUSE Amended 2nd Reading March 20, 2025 HOUSE SPONSORSHIP Lindsay and Zokaie, Boesenecker, Brown, Froelich, Garcia, Mabrey, Ricks, Rutinel, Sirota, Story, Velasco SENATE SPONSORSHIP Weissman and Jodeh, 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 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 AND 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 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 1236 -4-