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, property managers have faced a continuous stream of new compliance obligations designed to expand 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 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
Professional verification standards remain—reports must come directly from licensed consumer reporting agencies
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 modifies C.R.S. § 38-12-902(2.5)(e)(I) to eliminate credit history reports, credit scores, and adverse credit events from portable screening reports when prospective tenants use housing subsidies—Section 8 vouchers, housing authority assistance, or other rental assistance programs.
What This Means
Starting January 1, 2026, portable screening reports for subsidized tenants won't include credit information but will still contain everything else:
Complete rental history showing payment patterns and tenant behavior
Full criminal background check (federal, state, local)
Employment and income verification
Contact information and previous addresses
Date the report was prepared
The Logic Behind This Change
When a housing authority guarantees rent payment, the tenant's personal credit score becomes irrelevant to your payment risk. If the Colorado Springs Housing Authority commits to paying $1,200 of $1,500 monthly rent, the tenant's credit card debt or medical collections don't affect whether you'll be paid.
Credit reports cost money that voucher holders often can't afford. Many subsidized tenants have poor credit precisely because of economic circumstances that made them eligible for assistance—the subsidy exists to address these financial challenges. Requiring credit reports documenting struggles the subsidy is designed to mitigate provides no useful screening information while creating a financial barrier.
What You Still Receive
Rental history remains available—the most valuable screening information for evaluating tenants. You still get complete criminal background checks, employment verification, and all other relevant screening data. The only missing information is credit data that existing law (SB23-184) already prohibits you from using for subsidized tenants in most circumstances.
Practical Impact
Consumer reporting agencies will likely offer tiered pricing—standard reports with credit information and lower-cost reports without credit for subsidized tenants. This makes the system more accessible to vulnerable populations (approximately 65,000 Colorado households—disproportionately seniors, people with disabilities, veterans, and working families) while maintaining screening quality for landlords.
Change #2: Removal of Third-Party Website Delivery Requirement
The Amendment
HB25-1236 repeals C.R.S. § 38-12-904(1.5)(b)(II), which previously allowed landlords to require portable screening reports be "provided through a third-party website that regularly engages in the business of providing consumer reports."
The original law offered two delivery methods: (1) directly from the consumer reporting agency, OR (2) through qualifying third-party websites. HB25-1236 eliminates the second option. Starting January 1, 2026, only direct delivery from consumer reporting agencies is acceptable.
Why This Language Was Problematic
The third-party website provision created ambiguity about what qualified as acceptable platforms and opened the door for landlords to mandate specific websites or screening services. This could have limited tenant choice, created monopolistic relationships, and added unnecessary intermediaries without improving fraud protection.
What Doesn't Change: Your Fraud Protection
The requirement that reports come directly from consumer reporting agencies—not from tenants' hands—remains fully intact. This is your actual fraud protection, and it's strengthened by becoming the only acceptable method.
Consumer reporting agencies are heavily regulated under federal Fair Credit Reporting Act and state law. Direct delivery prevents tenant manipulation because tenants never control the document. Verification mechanisms remain available—report IDs, agency contact information, secure portals, and professional formatting.
What You Should NOT Accept
❌ Printed copies or PDFs from tenant
❌ Screenshots or photos of reports
❌ Documents from unverifiable sources
❌ Reports from non-licensed entities
What You SHOULD Accept
✅ Secure portal access directly from agency
✅ Direct email from agency's official domain
✅ API integration with property management software
✅ Agency-provided access codes for their system
The common thread: accessing reports through the consumer reporting agency's official systems, not receiving them from tenant hands.
What Actually Changes
You cannot require reports from specific screening companies, through specific websites or platforms, or in specific file formats (beyond direct agency delivery). You can still require direct delivery from consumer reporting agencies, reports less than 30 days old, all required information, free access, no-material-changes attestations, and reports from legitimate, licensed agencies.
Why These Changes Matter
Both amendments follow one principle: remove requirements creating barriers without serving legitimate screening purposes.
Credit reports for subsidized tenants didn't assess payment risk when housing authorities guarantee rent. They added costs for people who couldn't afford them while providing data you were prohibited from using under existing law. Third-party website requirements didn't prevent fraud—direct agency delivery does that. They just limited tenant choice without adding security.
Who Benefits
Housing voucher holders obtain less expensive screening reports and can apply to more properties. All prospective tenants gain freedom to choose which consumer reporting agency to use, promoting competition. Property managers get clearer compliance standards, less irrelevant information to process, broader applicant pools, and reduced compliance risk.
What You're Not Losing
You still receive thorough, professional screening from regulated agencies, secure delivery through authenticated systems, full control over screening criteria, and clear legal obligations. The amendments actually make your job easier by eliminating irrelevant information and ambiguous language.
After January 1, 2026
Consumer reporting agencies will offer reports without credit information for subsidized tenants, clearly noting the legal basis for the exemption. You'll receive portable reports without credit information from subsidized tenants as routine practice. Third-party website discussions become irrelevant—only direct agency delivery matters. No major operational disruption is expected.
Common Questions
Q: If a subsidized tenant's report lacks credit information, is it incomplete?
A: No, that's correct under the new law. It's complete if it includes everything else.
Q: Can I request credit information separately?
A: Technically, yes, but SB23-184 already limits what you can use. There's little practical reason to request it.
Q: What if I make a mistake?
A: Address violations immediately. Remember the 7-day cure option—fix it quickly and pay $50 instead of facing $2,500+ penalties.
Conclusion
HB25-1236 represents thoughtful refinement of Colorado's portable tenant screening system—targeted adjustments removing barriers without compromising professional verification standards.
The Two Changes
Starting January 1, 2026, portable reports for subsidized tenants exclude credit information you were already prohibited from using, and third-party website language is removed, leaving one clear standard: direct agency delivery.
Key Takeaways
Your existing compliance efforts remain valid. The system you've been working with since 2023 is fundamentally the same in 2026—you're making two modest adjustments. You still receive a thorough screening from regulated agencies through secure delivery.
Looking Forward
Colorado's housing legislation continues evolving. Staying informed, maintaining strong compliance, and adapting to changes protects your business. The portable screening system—even with amendments—represents more efficient screening than the old multiple-fee approach.
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."
For specific questions about how these changes apply to your properties, consult with a Colorado landlord-tenant attorney. The investment in legal guidance is far smaller than the cost of violations.
