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SECOND REGULAR SESSION
HOUSE BILL NO. 2090
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CROSSLEY .
5291H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 441, RSMo, by adding thereto one new section relating to the reporting of
positive rental payment information.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 441, RSMo, is amended by adding thereto one new section, to be
2 known as section 441.950, to read as follows:
441.950. 1. As used in this section, the following terms mean:
2 (1) "Assisted housing development", a multifamily rent al housing development
3 of five or mor e units that receives federal or state housing assistance;
4 (2) "Positive rent al payment information", information re garding a tenant's
5 complete, timely payments of r ent. The term does not include an instance in which a
6 tenant did not completely or timely make a r ental payment.
7 2. As specified in subsection 3 of this section and except as prov ided in
8 subsection 10 of this section, any landlord of a dwelling unit of res idential real pr operty
9 shall offer any tenant obligated on the lease the option of having the tenant's positive
10 r ental payment information repo rted to at least one nationwide consumer rep orting
11 agency that meets the definition in Section 603(p) of the Fair Cr edit Reporting Act (15
12 U.S.C. Sec. 1681a(p)) or any other consumer re porting agency that meets the definition
13 in Section 603(f) of the Fair Cr edit Reporting Act (15 U.S.C. Sec. 1681a(f)) as long as the
14 consumer rep orting agency r esells or otherwise furnishes rent al payment information to
15 a nationwide consumer repo rting agency that meets the definition in Section 603(p) of
16 the Fair Cr edit Reporting Act (15 U.S.C. Sec. 1681a(p)).
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 3. For leases enter ed into on and after February 1, 2027, the offer of positive
18 r ental payment information repo rting shall be made at the time of the lease agreement
19 and at least once annually ther eafter . For leases outstanding as of August 28, 2026, the
20 offer of positive ren tal payment information rep orting shall be made no later than
21 February 1, 2027, and at least once annually ther eafter .
22 4. A landlord may prov ide the offer of positive rent al payment information
23 r eporting req uired under subsection 2 of this section to the tenant by reg ular first-class
24 mail or by email.
25 5. The offer of positive r ental payment information rep orting shall include a
26 written election of positive re ntal payment information rep orting that contains all of the
27 following:
28 (1) A statement that re porting of the tenant's positive r ental payment
29 information is optional;
30 (2) Identification of each consumer reporting agency to which positive rent al
31 payment information will be repor ted;
32 (3) The amount of any fee charged under subsection 8 of this section;
33 (4) Instructions on how to submit the written election of positive rent al payment
34 information rep orting to the landlord by regu lar first-class mail or by email;
35 (5) A statement that the tenant may opt into positive ren tal payment information
36 r eporting at any time following the initial offer by the landlord;
37 (6) A statement that the tenant may elect to stop positive ren tal payment
38 information repor ting at any time but that the tenant shall not be able to res ume
39 positive rent al payment information rep orting for at least six months after the election
40 to opt out;
41 (7) Instructions on how to opt out of positive ren tal payment information
42 r eporting; and
43 (8) A signatur e block that the tenant shall date and sign in order to accept the
44 offer of positive r ental payment information r eporting.
45 6. If the offer of positive ren tal payment information repo rting is made by
46 r egular first-class mail, the landlord shall pr ovide the tenant with a stamped, self-
47 addr essed envelope to ret urn the written election of positive re ntal payment information
48 r eporting.
49 7. (1) A tenant may submit the tenant's completed written election of positive
50 r ental payment information reporting at any time after the tenant rec eives the offer of
51 positive ren tal payment information r eporting fr om the landlord.
52 (2) (a) A tenant may re quest additional copies of the written election of positive
53 r ental payment information reporting fr om the landlord at any time.
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54 (b) A landlord who r eceives a requ est fr om a tenant under this subdivision shall
55 comply with the r equest.
56 8. (1) If a tenant elects to have that tenant's positive rent al payment information
57 r eported to a consumer reporting agency under subsection 2 of this section, the landlord
58 may req uire that tenant to pay a fee not to exceed the lesser of the actual cost to the
59 landlord to pr ovide the service or ten dollars per month. If the landlord does not incur
60 any actual cost to r eport positive r ental payment information, no amount shall be
61 charged. The payment or nonpayment of this fee by the tenant shall not be reported to a
62 consumer rep orting agency .
63 (2) An amount tendered in full or partial satisfaction of r ent or any other
64 obligation under the lease, however designated by the party tendering the payment,
65 shall not be applied or cr edited to the fee authorized by this subsection.
66 9. If a tenant fails to pay any fee re quir ed by the landlord under subsection 8 of
67 this section, all of the following shall apply:
68 (1) The failur e to pay the fee shall not be cause for termination of the tenancy ,
69 whether under chapter 534 or otherwise;
70 (2) The landlord shall not deduct the unpaid fee fr om the tenant's security
71 deposit; and
72 (3) If the fee re mains unpaid for thirty days or mor e, the landlord may stop
73 r eporting the tenant's rent al payments and the tenant shall not elect positive rent al
74 payment information r eporting again for a period of six months fr om the date on which
75 the fee first became due.
76 10. A tenant who elects to have positive rent al payment information r eported as
77 described in subsection 2 of this section may subsequently file a written requ est with the
78 tenant's landlord to stop that r eporting with which the landlord shall comply . A tenant
79 who elects to stop r eporting shall not be allowed to elect positive r ental payment
80 information rep orting again for a period of at least six months fr om the date of the
81 tenant's written requ est to stop reporting.
82 1 1. This section shall not apply to either of the following:
83 (1) A landlord of a r esidential rent al building that contains fifteen or fewer
84 dwelling units unless both of the following apply:
85 (a) The landlord owns mor e than one r esidential rent al building rega rdless of the
86 number of units in each building; and
87 (b) The landlord is one of the following:
88 a. A rea l estate investment trust, as defined in Section 856 of T itle 26 of the
89 United States Code;
90 b. A corporation; or
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91 c. A limited liability company in which at least one member is a corporation; or
92 (2) An assisted housing development.
93 12. A tenant who elects to have positive rent al payment information r eported
94 does not forfeit any rights under section 441.234. If a tenant makes deductions fr om
95 r ent or otherwise withholds ren t as authorized by law , the deductions or withholding of
96 r ent shall not constitute a late r ental payment. A tenant invoking the right to repai r and
97 deduct or withhold r ent shall notify the tenant's landlord of the deduction or
98 withholding prior to the date rent is due. This subsection shall not be construed to
99 r elieve a housing pr ovider of the obligation to maintain habitable pr emises.
✔
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