House adopts cleanup to tenant screening portability after hours of debate

The Colorado House on March 26 adopted House Bill 12-36, a technical change intended to make portable tenant screening reports easier to use for prospective renters, including those with housing subsidies. The bill passed on third reading by a vote of 36–29.

Supporters said the change fixes implementation problems with a law passed in 2023 that was meant to allow applicants to reuse a single screening report rather than paying repeated application fees. Representative Lindsey, a sponsor of the earlier statute, said lawmakers passed Senate Bill 184 in 2023 to let applicants reuse a screening report and that "we are attempting to marry the two and say, people who are on vouchers ... can also use this portable screening report."

Opponents warned the change would reduce landlords’ ability to assess financial risk and could shrink the supply of rental housing. Representative Wouk urged members to vote no, saying the bill "probably creates higher rents and it's actually gonna shrink the market for those tenants that are relying on housing subsidies." Several other members — including Representatives Baron, Richardson and Weinberg — said landlords, many of them small business owners or retirees, rely on credit history and other checks to manage risk and preserve rental supply.

The measure focuses on portable tenant screening reports, which can include name, income verification and job information. Under current statute cited in debate, landlords are already prohibited from inquiring about certain adverse credit events for tenants using housing subsidies; HB12-36 clarifies that a portable screening report "is not required to include a credit history report, a credit score, or an adverse credit event" for tenants seeking to rent with the assistance of a housing subsidy. Sponsor Representative Zocai told the House, "I would like to be very clear today about what this bill does not do. ... This bill does not change any information that a landlord can and cannot receive."

The House considered and rejected a motion to refer the bill back to second reading, 22–43, after members argued further stakeholdering and regional differences warranted additional work. Following the failed referral motion, the House proceeded to final passage. The roll call on final passage showed 36 yes votes and 29 no votes; the chief clerk recorded no excused votes.

Supporters framed HB12-36 as a narrow, technical fix to let low-income renters avoid repeated screening fees and to make the original 2023 portability tool usable. Opponents said the bill would remove or limit information landlords ordinarily see when screening and could have the practical effect of discouraging participation by owners in subsidized housing programs.

The bill preserves an existing carve-out for small landlords who do not accept more than one application fee at a time: landlords who decline to accept a portable tenant screening report may still run their own credit/background checks but are limited by statute to processing one application at a time. Lawmakers on both sides cited that carve-out during debate.

HB12-36 now proceeds to enrollment. Lawmakers said further stakeholder work and potential amendments could be considered in future sessions if implementation issues arise.

Votes: Motion to refer to second reading — failed, 22 yes, 43 no. Final passage — adopted, 36 yes, 29 no.