Colorado’s state legislature has maintained an aggressive pace of housing legislation over the past several years, fundamentally reshaping the legal landscape for landlords and property managers. From warranty-of-habitability requirements and security deposit reforms to for-cause eviction policies and source-of-income discrimination protections, Colorado Springs property managers have faced a continuous stream of new compliance obligations aimed at expanding tenant protections and housing access.
Among these changes, the 2023 Rental Application Fairness Act (HB23-1099) introduced one of the most significant operational shifts: a mandatory portable tenant screening report system that allows prospective tenants to obtain a single screening report and use it with multiple landlords, eliminating duplicate application fees and streamlining the rental process.
While this system represented a significant improvement, nearly two years of implementation revealed areas where the law created unintended barriers — particularly for housing subsidy recipients and in technical delivery requirements. Recognizing these issues, the 2025 legislature passed House Bill 25-1236 to refine the portable screening framework. This article breaks down what HB25-1236 changes, what stays the same, and what property managers need to know for compliance when amendments take effect January 1, 2026.
What Stays the Same: Core Protections Remain Intact
The fundamental architecture of Colorado’s portable tenant screening system remains unchanged:
- Mandatory acceptance of valid portable screening reports continues
- Consumer reporting agency delivery standards remain — reports must come directly from a consumer reporting agency, as that term is defined under C.R.S. § 38-12-902(1.3) (which incorporates the definition at C.R.S. § 5-18-103(4))
- Your screening rights are preserved — you can require 30-day recency, verify legitimacy, obtain no-material-changes attestations, and conduct additional verification
- Disclosure requirements continue unchanged — same language, locations, and 12-point bold type formatting
- Penalties remain identical — $2,500 violations (or $50 if cured within seven days) and Attorney General enforcement
HB25-1236 makes two targeted adjustments to improve the system without compromising screening quality or landlord protections.
Change #1: Credit Information Exemption for Housing Subsidy Recipients
The Amendment
HB25-1236 amends C.R.S. § 38-12-902(2.5)(e)(I) to provide that a credit history report, a credit score, or an adverse credit event is not required to be included in a portable tenant screening report concerning a prospective tenant who is seeking to rent with the assistance of a housing subsidy. This is a defined exemption from the report’s required contents — not a mandate that credit information be stripped from every report prepared for a subsidized applicant.
What This Means
Starting January 1, 2026, portable screening reports for subsidized tenants may omit credit information. Reports will still contain everything else required under C.R.S. § 38-12-902(2.5):
- Name and contact information
- Employment and income verification
- Last-known address
- Complete rental history showing payment patterns and tenant behavior
- Full criminal background check (federal, state, and local convictions)
- Date through which the information in the report is current
The Relationship to SB23-184
The credit exemption in HB25-1236 works alongside — not in place of — the restrictions that Senate Bill 23-184 already established. Under C.R.S. § 38-12-904(1)(c)(II), if a landlord uses financial information as a criterion for a subsidized applicant’s rental application, the landlord may not consider or inquire about the applicant’s credit score, adverse credit event, or lack of credit score. There is a carveout: that prohibition does not apply if the landlord is required by federal law to consider a credit score or lack of a credit score.
As a practical matter, that federal-law exception is narrow — it applies in contexts such as certain federally funded or tax-credit housing programs where federal regulations require income or credit qualification. For most private-market single-family rentals, the SB23-184 restriction on using credit information for subsidized applicants applies in full. The statute restricts what you may consider from a credit report for a subsidized applicant, not necessarily what you may separately obtain. However, there is limited practical value in obtaining credit data you are prohibited from using in the application decision, and doing so while applying that data could expose you to discrimination liability under C.R.S. § 38-12-904(1.8). If you have questions about how SB23-184 interacts with your specific screening process, consult with a Colorado landlord-tenant attorney.
Who Is Affected
Colorado’s Housing Choice Voucher (HCV) program — formerly known as Section 8 — serves over 35,000 households statewide, according to 2024 data from HUD’s Picture of Subsidized Households compiled by the Terner Center for Housing Innovation at UC Berkeley. The definition of “housing subsidy” under C.R.S. § 38-12-902(1.7) (established by SB23-184) is broad: it covers any portion of a rental payment derived from a public or private assistance, grant, or loan program that is paid directly, indirectly, or on behalf of a tenant to a landlord. This includes Section 8 / HCV vouchers, housing authority programs, and other rental assistance programs.
Practical Impact
Consumer reporting agencies will likely offer tiered pricing — standard reports with credit information and lower-cost reports without credit for subsidized tenants. The exemption makes the portable screening system more accessible to voucher holders while maintaining all other screening data landlords rely on.
Change #2: Removal of Third-Party Website Delivery Option
The Amendment
HB25-1236 repeals C.R.S. § 38-12-904(1.5)(b)(II), which previously permitted landlords to require that portable screening reports be delivered through a third-party website that regularly engages in the business of providing consumer reports and complies with all applicable state and federal laws.
The original law (HB23-1099) offered two delivery methods: (1) directly from the consumer reporting agency, or (2) through a qualifying third-party website. HB25-1236 eliminates the second option. Starting January 1, 2026, only direct delivery from the consumer reporting agency is an acceptable method.
What Doesn’t Change: Your Delivery Standard
The requirement that reports be made directly available to the landlord by the consumer reporting agency — not from the tenant’s hands — remains in C.R.S. § 38-12-904(1.5)(b)(II) as amended (the surviving clause). This is the core delivery standard, and it is unchanged.
A Note on “Consumer Reporting Agency”
The statutes governing the portable screening system use the term “consumer reporting agency” as defined at C.R.S. § 5-18-103(4) — Colorado’s Consumer Credit Reporting Act. That definition tracks the federal Fair Credit Reporting Act framework (15 U.S.C. § 1681a(f)) and covers any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. The statutes do not use the word “licensed” — there is no standalone state licensing requirement for consumer reporting agencies in Colorado. The legal requirement is that reports come from a qualifying consumer reporting agency as statutorily defined, not from a “licensed” entity in the professional-license sense. In practical terms, this means established screening companies (TransUnion SmartMove, RentSpree, Experian RentBureau, and similar) qualify because they regularly engage in the business of furnishing consumer reports to third parties. A tenant printing their own credit report from a personal finance website does not qualify — not because the source lacks a license, but because the tenant is not a consumer reporting agency and the report is not being made available to you directly by that agency.
What you should not accept:
- Printed copies or PDFs provided by the tenant
- Screenshots or photos of reports
- Documents from sources that are not consumer reporting agencies
What you should accept:
- Secure portal access provided directly by the agency
- Direct email delivery from the agency’s official domain
- API integration through your property management software’s direct agency connection
- Agency-provided access codes for the agency’s own system
The common thread is direct access through the consumer reporting agency’s official systems, not receiving a document that passed through the tenant’s hands.
What Actually Changes
You may no longer require reports delivered through a specific third-party website or platform. You retain the right to require direct delivery from the consumer reporting agency, a report completed within the previous 30 days, all required information as specified in C.R.S. § 38-12-902(2.5), no-charge access to the report, and a no-material-changes attestation from the applicant under C.R.S. § 38-12-904(1.5)(b)(IV).
Compliance After January 1, 2026
Both amendments take effect January 1, 2026, and apply to rental applications submitted on or after that date. C.R.S. § 38-12-905 (as amended by HB23-1099) governs penalties: $2,500 per violation, reduced to $50 if the violation is corrected within seven calendar days of notice.
The practical compliance checklist is straightforward:
- If a subsidized applicant submits a portable screening report that does not include credit information, the report is complete under the amended statute — do not reject it as incomplete
- When processing subsidized applications where you do separately obtain credit information through your own screening process, understand that SB23-184 restricts what you may consider from that data — consult your attorney regarding how to document your decision-making process
- Discontinue any requirement that reports be delivered through a specific third-party website or platform; require direct agency delivery only
- Your existing disclosure language, 12-point bold type formatting, and placement requirements are unchanged
Conclusion
HB25-1236 makes two targeted amendments to Colorado’s portable tenant screening framework, both effective January 1, 2026. First, it removes the requirement that portable screening reports include credit information for applicants using housing subsidies — a change that aligns the portable report standard with the credit-use restrictions that SB23-184 already imposed. Second, it repeals the third-party website delivery option, leaving direct consumer reporting agency delivery as the only acceptable method.
For most property managers, the operational impact is limited. Portable screening reports for subsidized applicants will routinely omit credit data; that is the correct and complete form of the report under the amended statute. Direct agency delivery was already the preferable standard, and it is now the only standard.
The area requiring the most attention is the intersection of HB25-1236 and SB23-184 for landlords who separately run credit checks on subsidized applicants. Understanding the distinction between obtaining credit data and what you may lawfully consider in the application decision — including the narrow federal-law carveout — is important for documenting defensible screening decisions. If there is any uncertainty about how your current process applies to subsidized applicants, that is worth reviewing with a Colorado landlord-tenant attorney before the January 1, 2026 effective date.
For comprehensive information about the entire portable tenant screening system — requirements, procedures, penalties, and common questions — see our complete guide: “Complete Guide to Colorado’s Portable Tenant Screening Reports for Property Managers.”
Frequently Asked Questions
HB25-1236 & Colorado’s Portable Tenant Screening System
No. The validity window remains 30 days, as established by HB23-1099 under C.R.S. § 38-12-904(1.5)(b)(I). HB25-1236 did not amend that provision. Several online sources have circulated a claim that HB25-1236 extended the window to 60 days — that is inaccurate. The signed text of HB25-1236 makes no change to the 30-day requirement. Until the Colorado Revised Statutes are formally amended to reflect a different period, 30 days is the correct and enforceable standard.
Yes, in most cases. C.R.S. § 38-12-904(1.5)(a) requires a landlord to accept a portable tenant screening report from a prospective tenant. There is one statutory exemption under C.R.S. § 38-12-904(1.5)(f): a landlord is not required to accept a PTSR if the landlord (1) does not accept more than one application fee at a time for a dwelling unit, and (2) refunds the total application fee to each applicant within 20 calendar days after written communication from either party declining to enter into a lease. If a landlord qualifies for and uses this exemption, the PTSR acceptance obligation does not apply. If a landlord does not qualify for the exemption, acceptance of a compliant PTSR is mandatory.
Under C.R.S. § 38-12-904(1.5)(b), a landlord may require that: (I) the report was completed within the previous 30 days; (II) the report is made directly available to the landlord by the consumer reporting agency (the third-party website option was repealed by HB25-1236); (III) the report is made available at no cost to the landlord; and (IV) the applicant provides a statement that there has been no material change — including name, address, bankruptcy status, criminal history, or eviction history — since the report was generated. A landlord may also contact the consumer reporting agency to verify the report’s authenticity. A landlord may not reject a compliant report simply because it was not generated by a specific company or delivered through a specific platform.
Yes, but the landlord bears the cost. A landlord who wishes to conduct supplemental screening may do so, but may not charge the applicant a screening or application fee when the applicant provided a compliant PTSR. C.R.S. § 38-12-903(2)(b) prohibits charging an application fee when the prospective tenant provides a qualifying portable screening report. Any additional verification the landlord chooses to run is at the landlord’s own expense.
Under C.R.S. § 38-12-904(1.5)(d) and (e), the disclosure must be made prior to taking any screening action for which a landlord would expect to collect an application fee. The disclosure must appear in a location and manner reasonably likely to reach prospective tenants, including: in rental advertisements and public notices (at least 12-point bold type); on the home page of the landlord’s or property manager’s website (at least 12-point bold type); in a paper or online rental application (at least 12-point bold type); or orally, directly to the applicant, with written confirmation of receipt. The required language must inform applicants that they have the right to provide a PTSR, and that if they do, the landlord may not charge an application fee or a fee to access the report.
Under C.R.S. § 38-12-905(1) and (3), a landlord who violates any provision of the Rental Application Fairness Act is liable to the aggrieved prospective tenant for $2,500, plus court costs and reasonable attorney fees. If the landlord corrects or cures the violation within seven calendar days of receiving notice, liability is reduced to a $50 penalty. The Colorado Attorney General has independent authority to bring enforcement actions under the Act (C.R.S. § 24-31-101(1)(i)(XVII)), so enforcement is not limited to private civil claims.
“Housing subsidy” is defined at C.R.S. § 38-12-902(1.7) (established by SB23-184) as any portion of a rental payment that is derived from a public or private assistance, grant, or loan program, and that is paid directly, indirectly, or on behalf of a tenant to a landlord. This is a broad definition. It includes Section 8 / Housing Choice Vouchers, Colorado housing authority assistance programs, and other rental assistance programs. It is not limited to federal programs — private assistance programs that meet the definition are also covered.
No. Under HB25-1236 amending C.R.S. § 38-12-902(2.5)(e)(I), a credit history report, a credit score, or an adverse credit event is not required to be included in a portable tenant screening report for a prospective tenant using a housing subsidy. A report that contains all other required elements — name, contact information, employment and income verification, last-known address, rental history, and criminal background — is a complete and valid portable screening report for that applicant. Rejecting such a report as “incomplete” because it lacks credit data would be a violation of the Act.
SB23-184 (C.R.S. § 38-12-904(1)(c)(II)) restricts what a landlord may consider or inquire about when using financial information as a screening criterion for a subsidized applicant. Specifically, a landlord may not consider or inquire about the applicant’s credit score, adverse credit event, or lack of credit score — unless the landlord is required by federal law to consider a credit score. That federal-law carveout is narrow; it applies in contexts such as certain federally funded affordable housing programs with federal qualification requirements, not private-market single-family rentals.
The key distinction is between obtaining a credit report (not expressly prohibited by the statute) and using credit data as a basis for the application decision (restricted). Because applying restricted data could expose a landlord to discrimination liability under C.R.S. § 38-12-904(1.8), there is limited value in obtaining credit information you may not consider. Landlords should review their documented screening criteria for subsidized applicants with their attorney to confirm the process is defensible.
Yes, subject to applicable fair housing laws and other screening restrictions. The credit exemption applies only to credit scores, credit history, and adverse credit events. A landlord may still evaluate rental history, employment and income verification (subject to the 200% income test under C.R.S. § 38-12-904(1)(c)(I), calculated against the tenant’s portion of rent only, not the full rent amount), and criminal background (subject to the criminal history restrictions and lookback provisions under C.R.S. § 38-12-904(1)(b)).
Denial based on source of income itself — the subsidy — is prohibited under C.R.S. § 24-34-502(1)(l) and (m), subject to a small-landlord exception at C.R.S. § 24-34-502(1.7) for landlords with five or fewer single-family homes and no more than five total rental units.
The term “consumer reporting agency” in the PTSR statutes is defined by reference to C.R.S. § 5-18-103(4), Colorado’s Consumer Credit Reporting Act. That definition tracks the federal Fair Credit Reporting Act (15 U.S.C. § 1681a(f)) and covers any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
The statutes do not use the word “licensed” — there is no standalone state licensing requirement for consumer reporting agencies in Colorado. The legal requirement is that reports come from a qualifying consumer reporting agency as statutorily defined, not from a “licensed” entity in the professional-license sense. Established tenant screening companies (TransUnion SmartMove, RentSpree, Experian RentBureau, and similar) qualify because they regularly furnish consumer reports to third parties. A tenant printing their own credit report from a personal finance website does not qualify because the tenant is not a consumer reporting agency and the report is not being made available to you directly by that agency.
Under HB25-1236, the only acceptable delivery method is direct availability from the consumer reporting agency itself (C.R.S. § 38-12-904(1.5)(b)(II) as amended). Acceptable forms of direct delivery include:
- Secure portal access provided by the agency
- Direct email delivery from the agency’s official domain
- API integration through property management software that connects directly to the agency
- Agency-provided access codes for the agency’s own system
What remains unacceptable — as it was before — is any report delivered directly by the tenant in a form not traceable to the agency’s systems: printed copies or PDFs handed over by the applicant, screenshots, or documents from unverifiable sources. The common thread in compliant delivery is that access runs through the consumer reporting agency’s official systems, not through the tenant’s hands.
Yes. A landlord may contact the consumer reporting agency to confirm the report’s validity. Most established consumer reporting agencies provide report ID numbers, secure access portals, or agency contact channels for verification purposes. Documenting verification as part of the application file is good practice — it supports a defensible screening record if a denial decision is ever challenged.