Landlords to Provide Tenant Screening Notice and Rent Reporting Option

Detected March 27th, 2026

Summary

Colorado Bill HB26-1196 proposes new requirements for landlords regarding tenant screening notices and positive rent reporting. Landlords would need to provide specific information about data access and denial criteria before screening, and 'covered landlords' (those with 5+ units or receiving financial assistance) must offer positive rent reporting to prospective tenants.

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What changed

Colorado Bill HB26-1196, introduced for the 2026 Regular Session, mandates new disclosures for landlords concerning tenant screening and introduces positive rent reporting requirements for 'covered landlords'. Specifically, landlords must provide prospective tenants with written notice detailing the information accessed for screening and the criteria that could lead to application denial. Furthermore, covered landlords (defined as those managing five or more dwelling units or receiving certain financial assistance) are required to offer tenants the option of positive rent reporting to consumer reporting agencies, at no additional cost to the tenant. Failure by a covered landlord to comply with these positive rent reporting requirements is designated as an unfair and deceptive trade practice.

Compliance officers for Colorado landlords should monitor the progress of HB26-1196. If enacted, landlords will need to update their tenant screening processes to include the required written notices and develop procedures for offering and implementing positive rent reporting for eligible tenants. Covered landlords must ensure they do not charge tenants for this service or pass costs through rent increases. The bill's status as 'Under Consideration' indicates it is still in the legislative process, and its final form and effective date are yet to be determined.

What to do next

Monitor the legislative status of Colorado Bill HB26-1196.
If enacted, update tenant screening processes to include required written notices.
Develop procedures for offering and implementing positive rent reporting for covered landlords.

Penalties

Failure to comply with positive rent reporting requirements is an unfair and deceptive trade practice.

Source document (simplified)

HB26-1196

Tenant Data Information

| Type | Bill |
| --- | --- |
| Session | 2026 Regular Session |
| Subjects | Housing |
Concerning tenant data information.

Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary:

Section 2 of the bill provides that, prior to seeking to obtain information about a prospective tenant for a tenant screening, a landlord shall provide a written notice to the prospective tenant or post the notice in a conspicuous location. The notice must include the following:

The information and data that the landlord will attempt to access to conduct the tenant screening; and
The specific criteria that would result in the landlord's denial of the prospective tenant's application. Section 3 requires that, before entering into a lease agreement with a prospective tenant, a landlord that is responsible for 5 or more dwelling units or that receives certain financial assistance (covered landlord) shall offer to the prospective tenant the option for positive rent reporting to at least one consumer reporting agency. If a tenant declines a covered landlord's initial positive rent reporting offer and enters into a lease agreement with the covered landlord, the covered landlord shall offer to the tenant the option for positive rent reporting to at least one consumer reporting agency any time that the covered landlord and the tenant renew the lease agreement. If a tenant accepts a covered landlord's offer of positive rent reporting, the covered landlord shall send the tenant's rental payment information, including the tenant's full name and date of rent payment, to at least one consumer reporting agency each time the tenant pays rent. A covered landlord shall not charge a tenant for positive rent reporting or pass on the cost of positive rent reporting to a tenant by raising rent prices. A tenant that has opted into positive rent reporting may opt out at any time by notifying the tenant's covered landlord.

Section 1 provides that the failure of a covered landlord to comply with new positive rent reporting requirements is an unfair and deceptive trade practice. (Note: This summary applies to this bill as introduced.)