2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › TENANTS AND LANDLORDS (§§ 38-12-101 — 38-12-1409) › Article 12 - TENANTS AND LANDLORDS (§§ 38-12-101 — 38-12-1409) › Part 9 - RENTAL APPLICATION FAIRNESS ACT (§§ 38-12-901 — 38-12-905) › Section 38-12-902 - Definitions

As used in this part 9, unless the context otherwise requires:
(1)
"Amount of income" means a tenant's or prospective tenant's income from salaries, wages, commissions, payments received as an independent contractor, bonuses, or a housing subsidy or derived from any other public or private source and includes all of a tenant's or prospective tenant's cash assets.
(1.2)
"Consumer report" has the meaning set forth in section
5-18-103 (3)
.
(1.3)
"Consumer reporting agency" has the meaning set forth in section
5-18-103 (4)
.
(1.5)
"Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place.
(1.7)
"Housing subsidy" means any portion of a rental payment that is derived from a public or private assistance, grant, or loan program and that is paid by the program directly, indirectly, or on behalf of a tenant to a landlord.
(2)
"Landlord" means the owner, manager, lessor, or sublessor of a dwelling unit.
(2.5)
"Portable tenant screening report" or "screening report" means a consumer report prepared at the request of a prospective tenant that includes information provided by a consumer reporting agency, which report includes the following information about a prospective tenant and the date through which the information contained in the report is current:
(a)
Name;
(b)
Contact information;
(c)
Verification of employment and income;
(d)
Last-known address;
(e)
For each jurisdiction indicated in the consumer report as a prior residence of the prospective tenant, regardless of whether the residence is reported by the prospective tenant or by the consumer reporting agency preparing the consumer report:
(I)
A rental and credit history report for the prospective tenant that complies with section
38-12-904 (1)(a)
concerning a landlord's consideration of a prospective tenant's rental history; and
(II)
A criminal history record check for all federal, state, and local convictions of the prospective tenant that complies with section
38-12-904 (1)(b)
concerning a landlord's consideration of a prospective tenant's arrest records.
(3)
"Rental agreement" means any agreement, written or oral, between a landlord and a tenant embodying the terms and conditions concerning the use and occupancy of a dwelling unit.
(4)
"Rental application" means any information, written or oral, submitted to a landlord by a prospective tenant for the purpose of entering into a rental agreement. "Rental application" includes a portable tenant screening report.
(5)
"Rental application fee" means any sum of money, however denominated, that is charged or accepted by a landlord from a prospective tenant in connection with the prospective tenant's submission of a rental application or any nonrefundable fee that precedes the onset of tenancy. "Rental application fee" does not include a refundable security deposit or any rent that is paid before the onset of tenancy.
(6)
"Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
Amended by 2023 Ch. 402,§ 2, eff. 8/7/2023.
Amended by 2023 Ch. 151,§ 1, eff. 8/7/2023.
Added by 2019 Ch. 129, § 1, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1106), ch. 581, p. 581, § 1, effective August 2.
2023 Ch. 402, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Ch. 151, was passed without a safety clause. See Colo. Const. art. V, § 1(3).