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Portable Screening Report For Residential Leases

Concerning tenant screening documentation for residential leases.
2023 Regular Session
Business & Economic Development
Bill Summary

Except in certain circumstances, the bill requires a landlord to accept from a prospective tenant a portable tenant screening report (screening report) that is made directly available to the landlord from a consumer reporting agency (agency) . A screening report must have been prepared by a consumer reporting agency (agency) an agency within the previous 30 days at the prospective tenant's request and expense and include certain information about the prospective tenant.

If a prospective tenant provides a screening report, the landlord shall not charge the prospective tenant either an application fee or a fee for the landlord to access or use the screening report.

Prior to collecting any tenant information that would generate an application fee, a landlord shall advise a prospective tenant that the landlord accepts screening reports and is prohibited from charging an application fee or other fee to a prospective tenant who provides a screening report.

A landlord is not required to accept a screening report or to provide the advisements required in the bill if the landlord does not accept more than one application fee at a time for a dwelling unit or, if a dwelling unit is rented to more than one occupant, does not accept more than one application fee at a time for each prospective tenant or tenant group for the dwelling unit, and refunds the total amount of the application fee to each prospective tenant within twenty calendar days after written communication from the prospective tenant or the landlord declining to enter into a lease.

If a prospective tenant's rental application is denied, and the landlord charged the prospective tenant an application fee to obtain a consumer report, the landlord shall provide a copy of the consumer report to the prospective tenant, along with a notice of the prospective tenant's right to dispute the accuracy of the consumer report. If the prospective tenant did not pay an application fee for the landlord to obtain a consumer report, the landlord's notice of denial must include either a copy of the consumer report or the agency's contact information and notice of the prospective tenant's right to receive a free copy of the consumer report and to dispute the accuracy of the consumer report.A landlord who violates the provisions of the bill is liable for $2,500, plus court costs and attorney fees; except that a landlord that cures the violation within seven calendar days after receiving notice of the violation shall pay the prospective tenant a penalty of $50 and is otherwise not liable for damages. The bill authorizes the attorney general's office to independently initiate and bring an action to enforce the "Rental Application Fairness Act".

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


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Bill Text

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