Your Right to Provide a Portable Tenant Screening Report

Pursuant to Colorado law, as a prospective tenant, you have the right to provide to the landlord (us) a portable tenant screening report, as defined in section 38-12-902(2.5), Colorado Revised Statutes; and

If you (as the prospective tenant) provide the landlord (us) with a portable tenant screening report, the landlord (we) [are] prohibited from:

Charging you (the prospective tenant) a rental application fee; or charging you (the prospective tenant) a fee for the landlord (us) to access or use the portable tenant screening report.

Legal Requirements of Portable Screening Reports

Colorado Revised Statute, C.R.S. § 38-12-902(2.5) defines a Portable Screening Report (PTSR), and any PTSR submitted by you, must meet the following definition. (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: 27

(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.

Legal Requirements for PTSRs that Landlords May Insist Upon

Further, pursuant to C.R.S. § 38-12-904(1.5)(b), landlords may require:

(I) That the screening report was completed within the previous thirty days;

(II) That the screening report is made directly available to the landlord by the consumer reporting agency for use in the rental application process or provided through a third-party website that regularly engages in the business of providing consumer reports and complies with all state and federal laws pertaining to use and disclosure of information contained in a consumer report by a consumer reporting agency;

(III) That the screening report is made available to the landlord at no cost to access or use in the rental application process; and

(IV) A statement from the prospective tenant that there has not been a material change in the information in the screening report, including the prospective tenant's name, address, bankruptcy status, criminal history, or eviction history, since the report was generated. 28

Pursuant to Landlord’s Rights, Landlord insists that any PTSR provided by you meets these additional requirements.