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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
701
BY
BUSINESS
COMMITTEE
AN
ACT
1
RELATING
TO
RENTAL
APPLICATIONS;
PROVIDING
LEGISLATIVE
INTENT;
AMENDING
2
CHAPTER
3,
TITLE
55,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
55
-
316,
3
IDAHO
CODE,
TO
PROVIDE
FOR
CERTAIN
LIMITATIONS
ON
RENTAL
APPLICATION
4
FEES;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
LEGISLATIVE
INTENT.
It
is
the
intent
of
the
Legislature
to
7
provide
certain
limitations
on
the
charging
of
rental
application
fees
to
8
reduce
the
number
of
rental
applicants
who
are
charged
such
fees
for
rental
9
properties
for
which
they
are
not
considered.
10
SECTION
2.
That
Chapter
3,
Title
55,
Idaho
Code,
be,
and
the
same
is
1
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
12
ignated
as
Section
55
-
316,
Idaho
Code,
and
to
read
as
follows:
13
55
-
316.
LIMITATION
ON
FEES
FOR
RENTAL
APPLICATIONS.
(1)
A
property
14
owner
or
property
manager
shall
not
charge
rental
application
fees
to
more
15
than
two
(2)
rental
applicant
households
per
rental
unit
concurrently
and
16
may
charge
such
fees
only
if
the
property
owner
or
property
manager:
17
(a)
Has
a
rental
unit
currently
available
for
rent,
has
a
rental
unit
18
that
will
become
available
by
a
specified
future
date,
or
does
not
have
19
a
rental
property
available
but
the
rental
applicant
acknowledges
in
20
writing
that
no
rental
property
is
available
and
consents
to
being
21
placed
on
a
waiting
list
for
future
available
rental
units;
22
(b)
Discloses
to
the
prospective
tenant,
prior
to
accepting
the
rental
23
application,
any
information
regarding
the
rental
applicant
screening
24
process
that
the
property
owner
or
property
manager
will
evaluate
as
a
25
condition
of
accepting
the
rental
applicant
as
a
tenant
in
the
residen
-
26
tial
unit;
and
27
(c)
Completes
the
screening
process
as
disclosed
pursuant
to
paragraph
28
(b)
of
this
subsection.
29
(2)
Rental
application
fees
may
only
be
charged
to
each
rental
appli
-
30
cant
within
a
rental
applicant
household
who
requires
a
criminal
history
and
31
background
check.
32
(3)
If
the
rental
application
of
the
first
of
the
two
(2)
rental
ap
-
33
plicant
households
pursuant
to
subsection
(1)
of
this
section
is
denied,
a
34
property
owner
or
property
manager
may
charge
a
rental
application
fee
to
the
35
next
rental
applicant
household
and
may
charge
a
rental
application
fee
to
36
each
individual
rental
applicant
of
such
household
who
requires
a
criminal
37
history
and
background
check,
as
long
as
no
more
than
two
(2)
rental
appli
-
38
cant
households
are
being
charged
concurrently
at
any
given
time.
39
2
(4)
All
rental
application
fees
shall
be
related
to
the
average
costs
of
1
the
screening
as
disclosed
pursuant
to
subsection
(1)(b)
of
this
section
and
2
any
other
costs
incurred
from
processing
the
rental
application.
3
(5)
This
section
shall
not
apply
where
a
property
owner
or
property
man
-
4
ager
does
not
charge
or
receive
rental
application
fees.
5
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
6
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
7
July
1,
2026.
8