California, Colorado, DC Have Laws on Rent Reporting to CRAs

Entities

Topics and Issues

Two states and the District of Columbia have laws to encourage or require rent reporting to consumer reporting agencies.

California

California became the first state to pass such a law when, in 2020, the legislature passed the first of its kind law (S.B. 1157 (Ch. 204, Laws 2020) on mandating optional reporting. In California,

beginning July 1, 2021, any landlord of an assisted housing development [as defined by Gov’t. Code 65863.10(a)(3)] shall offer the tenant or tenants obligated on the lease of each unit in that housing development the option of having the tenant’s rental payment information reported to at least one [603(p) CRA] or any other [603(f) CRA] so long as the consumer reporting agency resells or otherwise furnishes rental payment information to a [603(p) CRA]. A tenant’s election to have rent reported under this subdivision shall be in writing…” Cal. Civ. Code Sec. 1954.06(a).

This legislation was sponsored by Sen. Steven Bradford (D-Los Angeles), the then chair of the Senate Committee on Banking and Financial Institutions.

Colorado

In 2021, Colorado passed H.B. 1134, a bill to

Create[] the tenants’ rent payment information pilot program…and directs the Colorado housing and finance authority…to contract with a third party to administer the pilot program in accordance with rules promulgated by the authority. The administrator shall recruit no more than 10 landlords to participate in the pilot program. A tenant may participate in the pilot program only if the tenant elects to participate and completes a financial education course. On or before January 1, 2024, the authority, in consultation with the administrator, shall submit to applicable legislative committees of reference a report concerning the pilot program. The pilot program is repealed, effective June 1, 2024.

District of Columbia

The District of Columbia passed a law in 2018 requiring the District’s Housing Authority to “establish and implement a pilot program…in one or more of its public housing developments for reporting the rent payments of residents to one or more consumer credit bureaus.” D.C. Code § 6–214.01.