Colorado landlords have been adjusting their screening process every few years since 2019: fee limits, then portable screening reports, then changes for renters who use housing subsidies. A new Colorado tenant screening law adds one more layer on January 1, 2027. It does not ban anything new. Instead, it requires every rental application to tell applicants, up front, what you will look at and how you will judge it.
This guide explains what the 2027 law (HB26-1196) requires, how it fits with the Colorado rules already on the books, and the exact changes to make to your application and screening process before the new year. For more on screening basics, see our tenant screening guides for independent landlords.
Note: This article is general education, not legal advice. It summarizes Colorado session laws and official state summaries as of November 2026. Statutes can be amended and local rules may add requirements, so consult a local attorney before changing your application or screening policy.
What is Colorado's new tenant screening law for 2027?
The new law is House Bill 26-1196, titled "Concerning tenant data information." It was approved on June 2, 2026, is published as Chapter 326 of the 2026 session laws, and takes effect January 1, 2027.
The act does two things that matter to landlords:
- Screening transparency. It adds a new subsection (1.7) to C.R.S. 38-12-904, the section that already governs how Colorado landlords consider rental applications, portable tenant screening reports and denial notices. The new subsection lists three items every rental application must include.
- Privacy in eviction filings. It adds a new section, C.R.S. 13-40-110.2, requiring landlords to follow court rules on personal identifying information in eviction filings and to redact identifiers, such as Social Security, bank account and driver's license numbers, from supporting documents that may become publicly accessible.
The legislative declaration in the act explains the motivation: prospective tenants are not always told what information landlords review or how it is used, and the General Assembly found that this lack of transparency creates barriers to housing.
Earlier drafts of the bill also included other provisions, such as a positive rent reporting requirement. Those are not in the final signed act, so if you read about them in a news story from early 2026, they do not apply.
What every Colorado rental application must include from January 1, 2027
Starting January 1, 2027, every rental application you use in Colorado must include three disclosures. The requirement applies to all rental applications, whether paper, PDF or online.
| Required item | What the statute says | What it looks like in practice |
|---|---|---|
| 1. Data notice | A notice regarding the information and data the landlord will attempt to access when conducting a tenant screening | A plain list: credit report, criminal background, eviction records, rental history, income and employment verification, references |
| 2. Factors you consider | A general description of the factors the landlord will consider, including credit history, rental history, income and criminal background, if applicable | A short paragraph describing how you weigh each factor you actually use |
| 3. Screening service | Whether the landlord uses a third-party tenant screening service and, if so, the name of the service | "We use [name of screening company] to prepare screening reports," or "We do not use a third-party screening service." |
One clause gives landlords room. Subsection (1.7)(b) says nothing in the new subsection requires a landlord to adopt or disclose fixed disqualifying criteria. You must describe the factors, but you do not have to publish a hard cutoff such as "minimum credit score 650" if you prefer to weigh applications as a whole.
Still, a description so vague it says nothing ("we consider all relevant factors") misses the point of the law, and listing factors you never use creates a mismatch an applicant could point to later. Write what you really do.
How the 2027 law fits with existing Colorado screening rules
HB26-1196 adds a disclosure duty on top of rules that are already in force. It does not repeal or replace them. Here is how the main Colorado screening rules stack up, based on the General Assembly's bill pages and the Colorado Division of Real Estate.
| Law | Effective | Main landlord requirements |
|---|---|---|
| HB19-1106 (rental application fees) | August 2, 2019 | Fee must be used to cover your costs of processing the application; no different fee amounts for the same unit or units offered at the same time; give a disclosure of anticipated expenses or an itemization of actual expenses, plus a receipt; return any unused portion; written denial notice stating the reasons |
| HB23-1099 (portable tenant screening reports) | August 7, 2023 | Accept a portable tenant screening report unless you qualify for the exemption; no application fee or access fee for an applicant who provides one; tell applicants before collecting information that would generate a fee; give a copy of any consumer report you obtain and advise of the right to dispute it |
| HB25-1236 (residential tenant screening) | January 1, 2026 | For a renter using a housing subsidy, a credit history report, credit score or adverse credit event is not required to be included in a portable tenant screening report |
| HB26-1196 (tenant data information) | January 1, 2027 | Every rental application must include the data notice, the general description of factors, and the name of any third-party screening service; redact personal identifying information in eviction filings |
For a broader view of other states changing their rules in the same year, see our roundup of new landlord laws taking effect in 2027.
Application fees and portable screening reports: what has not changed
The short answer: your fee rules stay the same in 2027. HB26-1196 does not touch application fee amounts or the portable report rules, so keep following them.
Application fees
Under HB19-1106, as summarized by the Colorado Division of Real Estate, you may charge a rental application fee only if you use the entire amount to cover your costs of processing the application. Costs can be based on the actual expense or the average expense per applicant. You cannot charge one applicant a different amount than another for the same unit, or for other units you offer at the same time. You must give the applicant either a disclosure of anticipated expenses or an itemization of actual expenses, give a receipt, and return any unused portion. The penalty for a violation is treble the fee, plus court costs and reasonable attorney's fees.
Portable tenant screening reports
Under HB23-1099, a landlord generally must accept a portable tenant screening report prepared at the applicant's request and expense. If the applicant provides one, you cannot charge an application fee or a fee to access or use the report. Before you collect any information that would generate an application fee, you must tell applicants that you accept these reports and cannot charge a fee to someone who provides one.
The statute lets you require that the report be recent. The 2023 law set that window at 30 days, and later legislation revised the portable report rules, so confirm the current window with your attorney before you write it into your application.
There is an exemption: you do not have to accept portable reports or give the advisement if you accept no more than one application fee at a time per unit (or per applicant group for a shared unit) and refund the full fee to each applicant within 20 calendar days after either side declines to enter a lease. The penalty for violating the portable report law is $2,500 plus court costs and attorney fees. If you cure the violation within seven calendar days after notice, you pay the applicant $50 and are not otherwise liable.
Credit, income and criminal criteria: how to describe them
The 2027 law asks for a general description of the factors you consider, naming credit history, rental history, income and criminal background "if applicable." The easiest way to comply is to describe each factor you use in one or two sentences.
A practical approach:
- Credit history. Say whether you review a credit report and what you look for, for example a pattern of unpaid rent or housing-related collections rather than a single score. If you do use a minimum score, you may state it, but the law does not require you to. Our guide on how to run a credit check on a rental applicant covers how to read the report itself.
- Housing subsidy holders. Since January 1, 2026, a portable report for a renter using a housing subsidy does not have to include credit history, a credit score or an adverse credit event. Make sure your description does not imply that every applicant must produce a credit report.
- Income. Describe how you assess ability to pay, for example a rent-to-income ratio, and what documents count as proof. See income verification for rental applications for documents and red flags.
- Rental history and evictions. Say whether you check eviction records and contact prior landlords.
- Criminal background. If you check it, describe it in general terms and apply it consistently. If you do not, leave it out.
Whatever you write, apply it the same way to every applicant. Consistency is your best protection under fair housing law, and the written factors now become a record of what you said you would do. Our tenant screening compliance playbook walks through building a consistent written policy.
Denials and adverse action notices
Colorado already requires a written denial notice that states your reasons, and federal law adds its own notice when a screening report played a part. The 2027 law does not change either duty, but your new written factors should line up with the reasons you give.
Under HB19-1106, a landlord who denies an application must provide written notice of the denial that states the reasons. Separately, the Federal Trade Commission's guidance for landlords says that when you take adverse action based even partly on a consumer report, you must give an adverse action notice. According to the FTC, adverse action includes denying the application, requiring a co-signer, requiring a larger deposit or charging higher rent than another applicant would pay. The notice must include the name, address and phone number of the consumer reporting agency, a statement that the agency did not make the decision, and the applicant's right to dispute the report and get a free copy within 60 days. If you used a credit score, the score and key factors must be disclosed too.
The FTC notes that oral notices are allowed under federal law but recommends writing. In Colorado, the denial itself must be in writing anyway, so send one written notice that covers both. If an applicant challenges a report, our guide on how to dispute a tenant screening report explains the process from their side.
Eviction filings: redacting personal identifying information
The second half of HB26-1196 affects landlords who file evictions. From January 1, 2027, you must follow the applicable court rules on protecting personal identifying information in eviction filings and redact that information from supporting documents you submit that may become publicly accessible.
In practice, before attaching a lease, ledger, application or notice to an eviction complaint, black out identifiers such as Social Security numbers, bank account numbers and driver's license numbers. If an attorney files for you, confirm their process already does this.
Sample Colorado screening notice (illustrative)
The wording below is an illustrative example of how a small landlord might structure the three required items. It is not a legal form. Adapt it to what you actually do and have it reviewed.
- Information we will access: With your authorization, we will obtain a credit report, a criminal background report, an eviction records search and verification of your income and employment. We may contact your current and prior landlords.
- Factors we consider: We consider your ability to pay rent based on verified income, your rental history including any eviction judgments, your credit history with attention to housing-related debts, and criminal background where relevant to the safety of residents and property. If you use a housing subsidy, you are not required to provide credit information in a portable tenant screening report.
- Screening service: Screening reports are prepared by [name of screening company], a third-party tenant screening service.
- Portable reports: We accept portable tenant screening reports. If you provide one, we will not charge you an application fee or a fee to access it.
Item 4 is the existing portable report advisement, included here because it belongs on the same page. If you rely on the single-application-fee exemption instead, replace it with your refund policy.
Action checklist before January 1, 2027
Work through these steps in order:
- Collect every application you use. Paper forms, PDFs, online application links and any listing site that takes applications for you.
- List the data you actually pull. Check which reports your screening provider runs and which documents you request.
- Write your factors paragraph. Describe how you weigh credit, rental history, income and criminal background, only for factors you use.
- Name your screening service. Find the name of the consumer reporting company that prepares your reports. If you use a platform, ask which company prepares them.
- Check your portable report advisement and fee disclosure. Confirm the 2019 fee rules and 2023 portable report rules are still reflected.
- Add the notice to every application. The statute says "all rental applications," so make sure the notice appears wherever applicants apply. Our rental application form guide covers the rest of what belongs on the form.
- Update your denial template. Make the reasons line up with your written factors and include the federal adverse action content.
- Update your eviction filing checklist. Add a redaction step for supporting documents.
- Date and file a copy. Keep the version of the notice in use on each date, so you can show what an applicant saw.
Frequently asked questions
When does Colorado's new tenant screening law take effect?
HB26-1196 takes effect January 1, 2027. It was approved on June 2, 2026, and is published as Chapter 326 of the 2026 Colorado session laws.
What does a Colorado rental application have to include in 2027?
Every rental application must include a notice of the information and data you will try to access during screening, a general description of the factors you will consider (such as credit history, rental history, income and criminal background, if applicable), and whether you use a third-party screening service and, if so, its name.
Do I have to publish a minimum credit score or income ratio in Colorado?
No. HB26-1196 says nothing in the new subsection requires a landlord to adopt or disclose fixed disqualifying criteria. You must describe the factors you weigh, but you are not forced to publish hard cutoffs.
Does the 2027 law change Colorado's application fee rules?
No. HB26-1196 does not change the fee rules. The 2019 rules on charging only your actual costs and the 2023 rules on portable tenant screening reports still apply.
Can I still deny an applicant based on their credit report in Colorado?
Yes, if your decision follows Colorado's screening limits and fair housing law. You must give a written denial notice stating the reasons, and the FTC says you must also give a federal adverse action notice when a consumer report contributed to the decision.
What to do next
The 2027 Colorado law is mostly a paperwork change, but paperwork is where screening disputes start. When an applicant is denied, the questions are always the same: what did you tell them you would check, did you check the same things for everyone, and can you show the written reasons you gave? Landlords who keep their criteria, reports and denial notices scattered across email and paper folders struggle to answer.
Shuk's Rental Screening lets you choose which reports to run (credit, criminal and sex offender, evictions, and judgments and liens, plus optional income and employment verification), set pass criteria such as a minimum credit score and rent-to-income ratio, and request documents such as photo ID and proof of income, while you make every approval decision. Colorado landlords who screen through Shuk may name Shuk's screening provider, RentPrep, as the third-party screening service in their application notice. When you decline an application, the rejection reasons you select are shared with the applicant along with the decision. Federal adverse action notices remain your responsibility. The Document Center and Property Documents give you one place to keep each dated version of your screening notice and denial templates.
At as low as $2 per unit per month, with no setup fees and no contract, and with White Glove Onboarding included at no additional cost, Shuk makes a consistent, documented screening process feasible for landlords and property managers up to 300 units.
Book a demo at shukrentals.com/book-a-demo to see how Rental Screening and the Document Center work together so every Colorado applicant is screened against the same written criteria.
