Colorado 2025 Regular Session

Colorado House Bill HB1236 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REVISED~~
5		-	This Version Includes All Amendments ~~Adopted~~
6		-	~~on Second Reading~~ in the ~~Second House~~
	4	+	REENGROSSED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the House of Introduction
7	7		LLS NO. 25-0822.01 Yelana Love x2295
8	8		HOUSE BILL 25-1236
9	9		House Committees Senate Committees
10		-	Transportation, Housing & Local Government ~~Local Government & Housing~~
	10	+	Transportation, Housing & Local Government
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING THE SCREENING OF A PROSPECTIVE RESIDENTIAL TENANT101
14	14		BY A LANDLORD.102
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov
21	21		.)
22	22		The bill amends the definition of a "portable tenant screening
23	23		report" (screening report) to specify that a prospective tenant using a
24	24		housing subsidy is not required to include a credit history report, a credit
25	25		score, or an adverse credit event with the tenant's screening report.
26	26		The bill repeals language allowing a landlord to require a tenant
27	27		to make a screening report directly available to the landlord through a
28		-	SENATE
29		-	Amended 2nd Reading
30		-	April 22, 2025
31	28		HOUSE
32	29		3rd Reading Unamended
33	30		March 26, 2025
34	31		HOUSE
35	32		Amended 2nd Reading
36	33		March 20, 2025
37	34		HOUSE SPONSORSHIP
38	35		Lindsay and Zokaie, Boesenecker, Brown, Froelich, Garcia, Mabrey, Ricks, Rutinel,
39	36		Sirota, Story, Velasco
40	37		SENATE SPONSORSHIP
41	38		Weissman and Jodeh,
42	39		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
43	40		Capital letters or bold & italic numbers indicate new material to be added to existing law.
44	41		Dashes through the words or numbers indicate deletions from existing law. consumer reporting agency or third-party website.
45	42		Current law prohibits a landlord from inquiring into a prospective
46	43		tenant's adverse credit event. The bill defines "adverse credit event" as an
47	44		event that can be reflected in a consumer credit report or might negatively
48	45		affect a person's credit score, including past due delinquent rent payments
49	46		and collections.
50	47		The bill allows a landlord receiving a portable tenant screening
51	48		report to require that the screening report was completed within the
52	49		previous 60 days, which time period is increased from 30 days.
53	50		Be it enacted by the General Assembly of the State of Colorado:1
54	51		SECTION 1. In Colorado Revised Statutes, 38-12-902, amend2
55	52		(2.5)(e)(I) as follows:3
56	53		38-12-902. Definitions. As used in this part 9, unless the context4
57	54		otherwise requires:5
58	55		(2.5) "Portable tenant screening report" or "screening report"6
59	56		means a consumer report prepared at the request of a prospective tenant7
60	57		that includes information provided by a consumer reporting agency,8
61	58		which report includes the following information about a prospective9
62	59		tenant and the date through which the information contained in the report10
63	60		is current:11
64	61		(e) For each jurisdiction indicated in the consumer report as a12
65	62		prior residence of the prospective tenant, regardless of whether the13
66	63		residence is reported by the prospective tenant or by the consumer14
67	64		reporting agency preparing the consumer report:15
68	65		(I) A rental and credit history report for the prospective tenant that16
69	66		complies with section 38-12-904 (1)(a)
70	67		concerning a landlord's17
71	68		consideration of a prospective tenant's rental history;
72	69		EXCEPT THAT A18
73		-	CREDIT HISTORY REPORT, A CREDIT SCORE, OR AN ADVERSE CREDIT EVENT
74		-	19
75		-	IS NOT REQUIRED TO BE INCLUDED IN A PORTABLE TENANT SCREENING20
76		-	1236-2- REPORT CONCERNING A PROSPECTIVE TENANT WHO IS SEEKING TO RENT1
77		-	WITH THE ASSISTANCE OF A HOUSING SUBSIDY ; and2
78		-	SECTION 2. In Colorado Revised Statutes, 38-12-904, 3
79		-	repeal (1.5)(b)(II) as follows:4
80		-	38-12-904. Consideration of rental applications - limitations5
81		-	- portable tenant screening report - notice to prospective tenants -6
82		-	denial notice. (1.5) (b) A landlord receiving a portable tenant screening7
83		-	report may require:8
84		-	9
85		-	(II) That the screening report is made directly available to the10
86		-	landlord by the consumer reporting agency for use in the rental11
87		-	application process or provided through a third-party website that12
88		-	regularly engages in the business of providing consumer reports and13
89		-	complies with all state and federal laws pertaining to use and disclosure14
90		-	of information contained in a consumer report by a consumer reporting15
91		-	agency;16
92		-	SECTION 3. Act subject to petition - effective date -17
93		-	applicability. (1) This act takes effect January 1, 2026; except that, if a18
94		-	referendum petition is filed pursuant to section 1 (3) of article V of the19
95		-	state constitution against this act or an item, section, or part of this act20
96		-	within the ninety-day period after final adjournment of the general21
97		-	assembly, then the act, item, section, or part will not take effect unless22
98		-	approved by the people at the general election to be held in November23
99		-	2026 and, in such case, will take effect on the date of the official24
100		-	declaration of the vote thereon by the governor.25
101		-	(2) This act applies to rental applications submitted on or after the26
102		-	applicable effective date of this act.27
	70	+	CREDIT HISTORY REPORT, A CREDIT SCORE, OR AN ADVERSE CREDIT EVENT,19
	71	+	AS DEFINED IN SECTION 38-12-904 (1)(c)(II), IS NOT REQUIRED TO BE20
	72	+	1236-2- INCLUDED IN A PORTABLE TENANT SCREENING REPORT CONCERNING A1
	73	+	PROSPECTIVE TENANT WHO IS SEEKING TO RENT WITH THE ASSISTANCE OF2
	74	+	A HOUSING SUBSIDY; and3
	75	+	SECTION 2. In Colorado Revised Statutes, 38-12-904, amend4
	76	+	(1)(c)(II) and (1.5)(b)(I); and repeal (1.5)(b)(II) as follows:5
	77	+	38-12-904. Consideration of rental applications - limitations6
	78	+	- portable tenant screening report - notice to prospective tenants -7
	79	+	denial notice. (1) (c) If a landlord uses financial information, including8
	80	+	rental history or credit history, as a criterion in consideration of a rental9
	81	+	application from a prospective tenant who is seeking to rent with the10
	82	+	assistance of a housing subsidy, the landlord shall not consider or inquire11
	83	+	about the prospective tenant's:12
	84	+	(II) Credit score, adverse credit event, or lack of credit score13
	85	+	unless the landlord is required by federal law to consider a credit score or14
	86	+	a lack of a credit score. A
	87	+	S USED IN THIS SUBSECTION (1)(c)(II), "ADVERSE15
	88	+	CREDIT EVENT" MEANS AN EVENT THAT CAN BE REFLECTED IN A16
	89	+	CONSUMER CREDIT REPORT
	90	+	AND MIGHT NEGATIVELY AFFECT A PERSON 'S17
	91	+	CREDIT SCORE, INCLUDING PAST DUE DELINQUENT RENT PAYMENTS AND18
	92	+	COLLECTIONS.19
	93	+	(1.5) (b) A landlord receiving a portable tenant screening report20
	94	+	may require:21
	95	+	(I) That the screening report was completed within the previous22
	96	+	thirty SIXTY days;23
	97	+	(II) That the screening report is made directly available to the24
	98	+	landlord by the consumer reporting agency for use in the rental25
	99	+	application process or provided through a third-party website that26
	100	+	regularly engages in the business of providing consumer reports and27
103	101		1236
104		-	-3-
	102	+	-3- complies with all state and federal laws pertaining to use and disclosure1
	103	+	of information contained in a consumer report by a consumer reporting2
	104	+	agency;3
	105	+	SECTION 3. Act subject to petition - effective date -4
	106	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following5
	107	+	the expiration of the ninety-day period after final adjournment of the6
	108	+	general assembly; except that, if a referendum petition is filed pursuant7
	109	+	to section 1 (3) of article V of the state constitution against this act or an8
	110	+	item, section, or part of this act within such period, then the act, item,9
	111	+	section, or part will not take effect unless approved by the people at the10
	112	+	general election to be held in November 2026 and, in such case, will take11
	113	+	effect on the date of the official declaration of the vote thereon by the12
	114	+	governor.13
	115	+	(2) This act applies to rental applications submitted on or after the14
	116	+	applicable effective date of this act.15
	117	+	1236
	118	+	-4-