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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0212.01 Caroline Martin x5902 HOUSE BILL 26-1196
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
CONCERNING TENANT DATA INFORMATION.101
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.)
Section 2 of the bill provides that, prior to seeking to obtain
information about a prospective tenant for a tenant screening, a landlord
shall provide a written notice to the prospective tenant or post the notice
in a conspicuous location. The notice must include the following:
! The information and data that the landlord will attempt to
access to conduct the tenant screening; and
! The specific criteria that would result in the landlord's
denial of the prospective tenant's application.
HOUSE SPONSORSHIP
English and Joseph,
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.
Section 3 requires that, before entering into a lease agreement with
a prospective tenant, a landlord that is responsible for 5 or more dwelling
units or that receives certain financial assistance (covered landlord) shall
offer to the prospective tenant the option for positive rent reporting to at
least one consumer reporting agency. If a tenant declines a covered
landlord's initial positive rent reporting offer and enters into a lease
agreement with the covered landlord, the covered landlord shall offer to
the tenant the option for positive rent reporting to at least one consumer
reporting agency any time that the covered landlord and the tenant renew
the lease agreement.
If a tenant accepts a covered landlord's offer of positive rent
reporting, the covered landlord shall send the tenant's rental payment
information, including the tenant's full name and date of rent payment, to
at least one consumer reporting agency each time the tenant pays rent. A
covered landlord shall not charge a tenant for positive rent reporting or
pass on the cost of positive rent reporting to a tenant by raising rent
prices. A tenant that has opted into positive rent reporting may opt out at
any time by notifying the tenant's covered landlord.
Section 1 provides that the failure of a covered landlord to comply
with new positive rent reporting requirements is an unfair and deceptive
trade practice.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 6-1-105, add2
(1)(qqqq) as follows:3
6-1-105. Unfair or deceptive trade practices - definitions.4
(1) A person engages in a deceptive trade practice when, in the5
course of the person's business, vocation, or occupation, the person:6
(qqqq) VIOLATES SECTION 38-12-1601.7
SECTION 2. In Colorado Revised Statutes, 38-12-904, add (1.7)8
as follows:9
38-12-904. Consideration of rental applications - limitations10
- portable tenant screening report - notice to prospective tenants -11
denial notice.12
(1.7) PRIOR TO SEEKING TO OBTAIN ANY INFORMATION ABOUT A13
HB26-1196-2-
PROSPECTIVE TENANT FOR A TENANT SCREENING , A LANDLORD SHALL1
PROVIDE A WRITTEN NOTICE TO THE PROSPECTIVE TENANT OR POST THE2
NOTICE IN A CONSPICUOUS LOCATION . THE NOTICE MUST INCLUDE THE3
FOLLOWING:4
(a) T HE INFORMATION AND DATA THAT THE LANDLORD WILL5
ATTEMPT TO ACCESS TO CONDUCT THE TENANT SCREENING; AND6
(b) T HE SPECIFIC CRITERIA THAT WOULD RESULT IN THE7
LANDLORD'S DENIAL OF THE PROSPECTIVE TENANT'S APPLICATION.8
SECTION 3. In Colorado Revised Statutes, add part 16 to article9
12 of title 38 as follows:10
PART 1611
RENT REPORTING REQUIRED BY COVERED LANDLORDS12
38-12-1601. Positive rent reporting required by covered13
landlords - definitions. 14
(1) AS USED IN THIS SECTION: 15
(a) "C ONSUMER REPORTING AGENCY " HAS THE MEANING SET16
FORTH IN SECTION 5-18-103 (4).17
(b) "COVERED LANDLORD" MEANS A PERSON WHO IS AN OWNER,18
MANAGER, LESSOR, SUBLESSOR, SUCCESSOR IN INTEREST , OR AGENT OF19
THE OWNER OF A DWELLING UNIT AND WHO:20
(I) I S RESPONSIBLE FOR FIVE OR MORE DWELLING UNITS IN THE21
PERSON'S CAPACITY AS A LANDLORD; OR22
(II) RECEIVES STATE-ADMINISTERED HOUSING SUBSIDIES, MONEY23
FROM THE DIVISION OF HOUSING WITHIN THE COLORADO DEPARTMENT OF24
LOCAL AFFAIRS, MONEY FROM THE COLORADO HOUSING AND FINANCE25
AUTHORITY, OR OTHER FINANCIAL ASSISTANCE FROM THE STATE IN THE26
PERSON'S CAPACITY AS A LANDLORD.27
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(c) "DWELLING UNIT" HAS THE MEANING SET FORTH IN SECTION1
38-12-502 (3).2
(2) B EFORE ENTERING INTO A LEASE AGREEMENT WITH A3
PROSPECTIVE TENANT , A COVERED LANDLORD SHALL OFFER TO THE4
PROSPECTIVE TENANT THE OPTION FOR POSITIVE RENT REPORTING TO AT5
LEAST ONE CONSUMER REPORTING AGENCY.6
(3) IF A PROSPECTIVE TENANT DECLINES A COVERED LANDLORD'S7
INITIAL POSITIVE RENT REPORTING OFFER PURSUANT TO SUBSECTION (2) OF8
THIS SECTION AND ENTERS INTO A LEASE AGREEMENT WITH THE COVERED9
LANDLORD, THE COVERED LANDLORD SHALL OFFER TO THE TENANT THE10
OPTION FOR POSITIVE RENT REPORTING TO AT LEAST ONE CONSUMER11
REPORTING AGENCY ANY TIME THAT THE COVERED LANDLORD AND THE12
TENANT RENEW THE LEASE AGREEMENT.13
(4) I F A TENANT ACCEPTS A COVERED LANDLORD 'S OFFER OF14
POSITIVE RENT REPORTING PURSUANT TO SUBSECTION (2) OR (3) OF THIS15
SECTION, THE COVERED LANDLORD SHALL SEND THE TENANT 'S POSITIVE16
RENTAL PAYMENT INFORMATION, INCLUDING THE TENANT 'S FULL NAME17
AND DATE OF RENT PAYMENT , TO AT LEAST ONE CONSUMER REPORTING18
AGENCY EACH TIME THE TENANT PAYS RENT.19
(5) A COVERED LANDLORD SHALL NOT:20
(a) CHARGE A TENANT FOR POSITIVE RENT REPORTING REQUIRED21
BY THIS SECTION; OR22
(b) PASS ON THE COST OF POSITIVE RENT REPORTING TO A TENANT23
BY RAISING RENT PRICES.24
(6) A TENANT THAT HAS OPTED INTO POSITIVE RENT REPORTING25
PURSUANT TO SUBSECTION (2) OR (3) OF THIS SECTION MAY OPT OUT AT26
ANY TIME BY NOTIFYING THE TENANT'S COVERED LANDLORD. IF A TENANT27
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OPTS OUT OF POSITIVE RENT REPORTING, THE COVERED LANDLORD SHALL1
NOT TRANSMIT THE TENANT 'S RENTAL PAYMENT INFORMATION TO ANY2
CONSUMER REPORTING AGENCY.3
SECTION 4. Safety clause. The general assembly finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety or for appropriations for6
the support and maintenance of the departments of the state and state7
institutions.8
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