2022 Colorado Code
Title 38 - Property - Real and Personal
Article 12 - Tenants and Landlords
Part 9 - Rental Application Fairness Act
§ 38-12-904. Consideration of Rental Applications - Limitations - Denial Notice

1. 1. If a landlord uses rental history or credit history as criteria in consideration of an application, the landlord shall not consider any rental history or credit history beyond seven years immediately preceding the date of the application.
   2. If a landlord uses criminal history as a criterion in consideration of an application, the landlord shall not consider an arrest record of a prospective tenant from any time or any conviction of a prospective tenant that occurred more than five years before the date of the application; except that a landlord may consider any criminal conviction record or deferred judgment relating to:
      1. The unlawful distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation that contains methamphetamine, as described in section 18-18-405;
      2. The unlawful possession of materials to make methamphetamine and amphetamine, as described in section 18-18-412.5;
      3. Any offense that required the prospective tenant to register as a sex offender pursuant to section 16-22-103; or
      4. Any offense described in part 1 or part 6 of article 3 of title 18.

2. 1. If a landlord denies a rental application, the landlord shall provide the prospective tenant a written notice of the denial that states the reasons for the denial. If the specific screening criteria cannot be directly cited because of the use of a proprietary screening system, the landlord shall instead provide the prospective tenant with a copy of the report from the screening company that uses the proprietary screening system. A landlord may provide a prospective tenant an electronic version of the denial notice required in this subsection (2) unless the prospective tenant requests a paper denial notice, in which case the landlord shall provide the prospective tenant a paper denial notice.
   2. A landlord who is required to provide a notice of denial to a prospective tenant as described in subsection (2)(a) of this section shall make a good-faith effort to do so not more than twenty calendar days after making the decision to deny the prospective tenant's rental application.

Source: L. 2019: Entire part added, (HB 19-1106), ch. 129, p. 583, § 1, effective August 2.