Section 38-12-902 - DefinitionsAs 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: (c) Verification of employment and income;(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 (1)(a) concerning a landlord's consideration of a prospective tenant's rental history; 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.Amended by 2023 Ch. 402,§ 2, eff. 8/7/2023.Amended by 2023 Ch. 151,§ 1, eff. 8/7/2023.Added by 2019 Ch. 129, § 1, eff. 8/2/2019.L. 2019: Entire part added, (HB 19-1106), ch. 581, p. 581, § 1, effective August 2.2023 Ch. 402, was passed without a safety clause. See Colo. Const. art. V, § 1(3).2023 Ch. 151, was passed without a safety clause. See Colo. Const. art. V, § 1(3).