38-12-902. Definitions

38-12-902. Definitions. 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 (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.