Cal. Civ. Code § 38-12-902
Definitions.
Operative Text
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.
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.
Plain English — not legal advice.
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.
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.
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