No More Bias, No More Barriers: What the Rental Application Fairness Act (RAFA) Means for You
- Stephanie Kaufman
- 30 minutes ago
- 3 min read
What is the Rental Application Fairness Act (RAFA)?
RAFA is a Colorado law that aims to protect tenants applying for housing by limiting what a landlord can charge for the application and limiting what the landlord can consider when deciding whether to rent to a prospective tenant.
What can a landlord charge me to process my rental application?
A landlord can only charge a tenant for the actual costs of processing their rental application. If a landlord does not use the entire amount of the fee to cover their costs, the landlord needs to make an effort to return the balance to the prospective tenant within 21 days.
What is a portable tenant screening report?
A portable tenant screening report is “a consumer report prepared at the request of a prospective tenant that includes information provided by a consumer reporting agency.”
The screening report must include the following: 1) name, 2) contact information, 3) verification of employment and income, 4) last-known address, 5) rental and credit history, 6) criminal history.
A valid tenant screening report must be:
Completed within the previous 30 days
Directly available to the landlord by the consumer reporting agency, OR provided through a third-party website that regularly provides consumer reports
Free for the landlord to access, and
Include a statement from the tenant that there has been no material change in the report since it was generated
If a tenant provides a landlord with a valid portable screening report, the landlord must NOT charge the tenant an application fee.
How do I get a copy of my portable tenant screening report?
Portable tenant screening reports are available for purchase through various online screening report services. Tenants may also request a free copy from a landlord if their application is denied.
Can a landlord consider my criminal history?
When evaluating a tenant’s application, a landlord can only consider most criminal convictions that occurred within the last five years, measured from the date of the rental application. However, there are certain types of convictions that a landlord can consider no matter when they occurred, including 1) the production or distribution of meth, 2) offenses requiring the tenant to register as a sex offender, 3) stalking, and 4) murder and homicide crimes.
Arrests that do not result in a conviction cannot be considered at any time, regardless of the type of offense.
Can a landlord consider my rental history and credit history?
When evaluating a tenant’s application, a landlord can only consider rental history and credit history within the last seven years. However, for tenants with a subsidy or voucher, the landlord may not ask about or consider credit history, credit score, or adverse credit events.
Can a landlord require that my income be 3x the rent?
No, a landlord can only require that a tenant’s income be 2x the rent.
What should happen if I get denied from housing I have applied for?
The landlord should provide the tenant with written notice about the denial of their application and the reason(s) for the denial within 20 days of the denial of the prospective tenant’s application.
What can I do if I think a landlord violated the Rental Application Fairness Act?
Tenants have a variety of remedies available under the law if a prospective landlord has violated RAFA. Those remedies include:
Filing a lawsuit against the landlord for damages. Landlords who violate RAFA can be held liable to the prospective tenant for $2,500 plus court costs and reasonable attorney fees.
Filing a complaint with the Colorado Civil Rights Division
Filing a complaint with the Attorney General