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HB19-1106

Rental Application Fees

Concerning the rental application process for prospective tenants.
Session:
2019 Regular Session
Subject:
Housing
Bill Summary

The bill states that a landlord may not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord's costs in processing the rental application. A landlord also may not charge a prospective tenant a rental application fee that is in a different amount than a rental application fee charged to another prospective tenant who applies to rent:

  • The same dwelling unit; or
  • If the landlord offers more than one dwelling unit for rent at the same time, any other dwelling unit offered by the landlord.

The bill requires a landlord to provide to any prospective tenant who has paid a rental application fee either a disclosure of the landlord's anticipated expenses for which the fee will be used or a receipt that itemizes the landlord's actual expenses incurred.

The bill requires that, before accepting a rental application or collecting a rental application fee from a prospective tenant, a landlord shall give the prospective tenant written notice of the landlord's tenant selection criteria and the grounds upon which a rental application may be denied. If a landlord uses rental history or credit history as criteria in consideration of an application, the landlord shall neither inquire into nor consider any rental history or credit history beyond 7 years immediately preceding the date of the application.

If a landlord denies a rental application based on any of certain described grounds, the landlord shall provide the prospective tenant a written notice of the denial that states the reasons for the denial.

A landlord who violates any of the requirements created in the bill is liable to the person who is charged a rental application fee for twice the amount of the rental application fee, plus court costs and reasonable attorney fees.


(Note: This summary applies to this bill as introduced.)

Status

Introduced
Under Consideration

Bill Text

Upcoming Schedule