Legislation that enables the use or mandates the acceptance of portable tenant screening reports (PTSRs) is back on the rise. Proponents of this concept intend to promote a new type of consumer report which covers basic categories of information that are commonly used to evaluate applicants in the resident screening process. In their view, reusable rental applications would reduce renters’ up-front costs.
However, these reports do not align with the practical realities of property management and operations, ignoring individual properties’ screening criteria and differences in housing providers’ risk tolerance. Moreover, PTSR legislation can elevate the industry’s concerns over fraud, especially when they legitimize reports provided directly by applicants instead of verified third-party providers.
In fact, a recent survey of members from the National Apartment Association (NAA) and National Multifamily Housing Council (NMHC) revealed that over 80 percent of those surveyed reported receiving applications with misrepresented information. Seven in ten rental property owners saw a rise in fraudulent activity in the previous 12 months. When mitigation techniques are not available, higher risks often translate into higher housing costs for housing providers and renters. For these reasons, housing providers should not be required to accept PTSRs.
Current Landscape
Laws promoting PTSRs remain extremely uncommon across the U.S. and early indications in Colorado, the only state which mandates their acceptance, show it is an ineffective solution to address renters’ housing affordability challenges.
Drew Hamrick, General Counsel and Senior VP of Government Affairs of the Apartment Association of Metro Denver (AAMD) and leads the industry’s advocacy in the state, highlighted the practical consequences of Colorado’s mandate: “The 2025 modifications to the statute (HB23-1236) require housing providers to accept the applications delivered directly by the applicant. This creates the possibility of all types of applicant fraud. Most practitioners have adopted the operating policy to run all their normal application checks (including a third-party credit report) even if they receive a portable screening report, and that screening cost will be without compensation.”
In addition to Colorado, 6 states have PTSR enabling PTSRs in the books: California,Illinois,Maryland,New York,Rhode Island and Washington.
Proposed Legislation to Watch
The National Apartment Association (NAA) is monitoring PTSR enabling legislation in 3 jurisdictions closely: Florida, San Diego and Washington D.C. Uniquely, Florida State Senator Don Gaetz (R-1) in this Republican stronghold is spearheading SB 48 which allows housing providers to accept PTSRs, and if they choose to accept this type of consumer report, the provider is precluded from assessing a fee to access the report or an application screening fee.
Amanda White, Vice President of the Florida Apartment Association (FAA), shared more about the industry’s advocacy on this issue: “Reusable screening reports are already permissible under Florida law, and therefore FAA's position is that the legislative changes outlined in SB 48 are unnecessary. Additionally, with a rapidly evolving screening environment and the proliferation of application fraud, it is unrealistic to expect that a ‘one-size fits all’ approach is viable as it relates to screening criteria”
Policymakers should ensure that rental housing providers retain access to all publicly available consumer information necessary to make informed housing decisions. Resident screening is essential for reducing foreseeable risks to renters, employees, and rental communities.
NAA thanks its affiliate partners for amplifying the industry’s perspective in PTSR legislation conversations, and we continue to work with our affiliate network to ensure that lawmakers adopt sensible housing policies which promote affordability and stability in rental markets.