Cal. Civ. Code § 38-12-902

Definitions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoTenant Screening

Operative Text

Cal. Civ. Code § 38-12-902
As used in
this part 9, unless the context otherwise requires:

(1) 
"Amount of income" means a tenant's or prospective tenant's income
from salaries, wages, commissions, payments received as an independent
contractor, bonuses, or a housing subsidy or derived from any other public or
private source and includes all of a tenant's or prospective tenant's cash
assets.

(1.2) 
"Consumer report" has the meaning set forth in section 5-18-103 (3).

(1.3) 
"Consumer reporting agency" has the meaning set forth in section
5-18-103 (4).

(1.5) 
"Dwelling unit" means a structure or the part of a structure that is
used as a home, residence, or sleeping place.

(1.7) 
"Housing subsidy" means any portion of a rental payment that is
derived from a public or private assistance, grant, or loan program and that is
paid by the program directly, indirectly, or on behalf of a tenant to a
landlord.

(2) 
"Landlord" means the owner, manager, lessor, or sublessor of a
dwelling unit.

(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:

(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 concerning a landlord's consideration of a prospective
tenant's rental history; except that a credit history report, a credit score,
or an adverse credit event is not required to be included in a portable tenant
screening report concerning a prospective tenant who is seeking to rent with
the assistance of a housing subsidy; 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.

(3) 
"Rental agreement" means any agreement, written or oral, between a
landlord and a tenant embodying the terms and conditions concerning the use and
occupancy of a dwelling unit.

(4) 
"Rental application" means any information, written or oral,
submitted to a landlord by a prospective tenant for the purpose of entering
into a rental agreement. "Rental application" includes a portable
tenant screening report.

(5) 
"Rental application fee" means any sum of money, however denominated,
that is charged or accepted by a landlord from a prospective tenant in
connection with the prospective tenant's submission of a rental application or
any nonrefundable fee that precedes the onset of tenancy. "Rental
application fee" does not include a refundable security deposit or any
rent that is paid before the onset of tenancy.

(6) 
"Tenant" means a person entitled under a rental agreement to occupy a
dwelling unit to the exclusion of others.
Source: Legislative text reproduced verbatim
Plain English

Colo. Rev. Stat. § 38-12-902 establishes the definitions that govern Colorado's tenant screening and rental application rules under Part 9 of Article 12. Key terms include 'amount of income,' which covers wages, commissions, independent contractor payments, bonuses, and housing subsidies from any public or private source, as well as cash assets. A 'portable tenant screening report' is a consumer report ordered by a prospective tenant that must include identity, employment verification, rental and credit history, and a criminal history check meeting the standards set elsewhere in Part 9. These definitions set the boundaries for how terms like 'landlord,' 'tenant,' 'rental agreement,' 'rental application,' and 'rental application fee' are interpreted throughout the statute.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 38-12-902, property owners and managers should be aware that the statute's definitions shape what counts as a 'rental application fee'—including any nonrefundable charge collected before tenancy begins, but excluding refundable security deposits and prepaid rent. The definition of 'amount of income' is broad, encompassing housing subsidies paid on a tenant's behalf, which is relevant when evaluating applicant qualifications under Part 9. Operators who accept portable tenant screening reports as defined in § 38-12-902(2.5) should confirm that such reports contain the required components, including jurisdiction-specific rental history and criminal history checks that comply with § 38-12-904.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-902 defines the terms that protect prospective tenants throughout Colorado's rental application process, including what qualifies as a 'housing subsidy' and how it factors into the broad definition of 'amount of income.' Prospective tenants should know that a 'portable tenant screening report,' as defined in § 38-12-902(2.5), is one they can obtain themselves and submit as part of a rental application, potentially reducing duplicative screening fees. Those who believe a landlord has misapplied these definitions—for example, by treating a housing subsidy improperly or charging fees that fall outside the statutory definition of 'rental application fee'—may wish to consult a tenant-rights organization or explore complaint options available under Colorado law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 5-18-103
Not yet ingested
Colo. Rev. Stat. § 38-12-904
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 5.905
§ 5.905 What special authority is there to obtain access to sex offender registration information?
§ 1022.20
§ 1022.20 Coverage and definitions.
§ 1022.38
§ 1022.38 Duty of consumer reporting agencies regarding medical debt information.

Source Information

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