Colorado Rental Application

What information should landlords collect?

A Colorado rental application gives landlords their first chance to know potential renters, so collecting the correct details is essential to finding the right fit.

Colorado rental applications should include:

• Names of applicants, co-applicants, co-signers, and their contact info
• Social security numbers of applicants
• Employment status and income verification
• Smoking status
• References from employer and past landlords, if applicable
• Pets
• Vehicle information

Pre-Screener

As a first step in the application process, Colorado landlords can use a pre-screener after a renter shows interest in a listing. These short questionnaires help landlords quickly decide whether a renter meets essential criteria before moving forward with a complete application.

Pre-screeners typically ask for information such as:

• Contact info
• Employment status
• Income
• Self-reported credit score
• Desired move-in date
• Number of people the applicant will live with
• Pets
• Smoking

Remember: While pre-screeners help manage leads efficiently, they are not a substitute for a full online rental application.

Federal Application Laws

Several federal laws govern the rental application process across the United States, including Colorado. These laws aim to prevent discrimination and promote fair housing practices.

Fair Housing Act (FHA)

This federal law prohibits housing discrimination based on protected characteristics, including race, color, religion, national origin, sex, familial status, and disability (42 U.S.C. 3601 et seq.).

For example, a landlord cannot ask, “Are you a Christian?” The law applies to landlords, property managers, and their employees. It also bans discriminatory advertising, denial of housing, and unequal rental terms.

Your listing should reflect these requirements by focusing on objective criteria, not protected characteristics.

Equal Credit Opportunity Act (ECOA)

The ECOA protects credit applicants from discrimination based on protected classes, including race, color, religion, national origin, sex, marital status, and age. It also prohibits discrimination if any part of the applicant’s income comes from a public assistance program or if they have exercised a right under the Consumer Credit Protection Act in good faith (15 U.S.C. 1691 et seq.).

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination based on disability (42 U.S.C. 126 et seq.). Landlords cannot reject an application solely because the applicant has a disability.

In some cases, landlords must also make reasonable accommodations to their policies or practices to ensure individuals with disabilities have equal access to and use of the rental property.

Fair Credit Reporting Act (FCRA)

This act governs how landlords use credit reports in rental applications (15 U.S.C. 1681 et seq.). The FCRA requires landlords to get an applicant’s consent before running a credit check and to notify the applicant of any adverse action, such as a denial, based on their credit history.

Under federal law, landlords cannot use information from a credit report over seven years old (except for bankruptcies, which they can report for up to ten years).

Civil Rights Act of 1866

This act prohibits racial discrimination in all property transactions, including renting and leasing. Landlords must treat all applicants equally, regardless of race, throughout the application and leasing process (14 Stat. 27 (Chapter 31)).

Colorado Application Laws

In addition to the FHA, Colorado enforces its own regulations that guide what landlords can ask on a rental application and how they can use that information when selecting tenants.

One of these laws is the Colorado Anti-Discrimination Act (CADA), which mirrors the federal Fair Housing Act but expands protections by including additional protected classes.

Source of income: Colorado law limits a landlord’s ability to deny an applicant based on their source of income (HB20-1332). Landlords generally cannot refuse to rent to someone solely because they use housing vouchers or other forms of government assistance.

Criminal history: Colorado law allows landlords to consider an applicant’s criminal history when making rental decisions. However, local laws prohibit landlords from considering arrest records from any time or convictions that occurred more than five years before the application date. Exceptions include convictions related to methamphetamine offenses, offenses requiring sex offender registration, homicide, and stalking (HB19-1106).

Sexual orientation and gender identity: As mentioned above, CADA specifically prohibits discrimination based on sexual orientation and gender identity, offering broader protections than the federal Fair Housing Act. Landlords cannot deny an application or treat applicants differently based on these characteristics.

Portable Tenant Screening Report: Colorado law requires landlords to accept portable tenant screening reports. Make sure to check your local laws to understand your obligations.

Pets, ESAs, and Service Animals

If you allow pets in your rental, include a dedicated section on the application to collect details such as the animal’s type, breed, weight, and vaccination records.

Colorado landlords should remember that they cannot discriminate against applicants with an Emotional Support Animal (ESA) or service animal, as protected under the Fair Housing Act.

Landlords cannot charge pet fees for ESAs or service animals, or deny housing based on the animal’s breed, size, or weight. Tenants, however, are still responsible for any damage caused by their ESA or service animal.

Denial Process

Landlords must ensure that all denials are legal and consistent across applicants. They must base each decision on a legally permissible reason. Common reasons for denial include:

• Insufficient income
• Poor credit history
• Unfavorable rental history
• Relevant criminal history
• Providing incomplete or false information

If a landlord rejects a Colorado rental application, they must provide the applicant with a written notice explaining the reason for the denial.

Colorado law doesn’t specify how long landlords must keep denied rental applications or screening reports. Still, holding onto them for at least two years is a good idea to protect against possible legal disputes or discrimination claims.