Bill Analyses and Ratings
Bill Information: H0701 – Rental Application Fee Limitations
Bill Summary
House Bill 701 creates new Section 55-316 in Idaho Code to regulate rental application fees charged by property owners and managers. The bill limits landlords to charging application fees to no more than two rental applicant households concurrently per rental unit. Before collecting any fees, property owners must either have a unit currently available, have a unit becoming available by a specified date, or obtain written consent from applicants acknowledging no units are available and agreeing to placement on a waiting list.
The legislation requires landlords to disclose their screening criteria to prospective tenants before accepting applications and to complete the disclosed screening process. Application fees may only be charged to individual applicants within a household who require criminal history and background checks. All fees must be related to the average costs of screening and application processing. When the first of two applicant households is denied, landlords may charge fees to the next applicant household, maintaining the two-household concurrent limit. The bill takes effect July 1, 2026, and does not apply where property owners charge no application fees.
Overall Assessment
This bill imposes new regulatory requirements on property owners and managers, restricting how they charge rental application fees and mandating disclosure of screening criteria. The legislation limits landlords to processing applications from only two households at a time per unit and requires fees to be tied to actual screening costs. These restrictions constrain property owners’ ability to manage their rental businesses as they see fit, adding compliance requirements and administrative burdens to the rental application process.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (-1)
The bill creates new government regulation of private rental transactions through Section 55-316, imposing specific requirements on property owners regarding fee collection, disclosure mandates, and screening process completion. These regulatory requirements expand government oversight into private property management decisions that were previously left to market forces and individual business practices.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
This bill regulates rental application fees and does not address elections, voting procedures, political participation, or citizen involvement in government processes.
ARTICLE III. EDUCATION (0)
The bill addresses rental housing application fees and has no connection to education policy, schools, curriculum, or parental rights in education.
ARTICLE IV. AGRICULTURE (0)
This bill regulates residential rental applications and does not address agriculture, farming, ranching, or agricultural markets.
ARTICLE V. WATER (0)
The bill concerns rental application fees and has no connection to water rights, water management, or water policy.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
This bill addresses rental housing fees and does not relate to natural resources, environmental policy, or land management.
ARTICLE VII. ENERGY (0)
The bill regulates rental application fees and has no connection to energy policy, energy resources, or energy development.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
This bill addresses rental application fees and has no connection to the Idaho National Laboratory, nuclear research, or technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (-1)
Section 55-316 restricts how property owners can charge fees for rental applications, limiting them to two applicant households concurrently and requiring specific disclosures and screening procedures. These mandates constrain property owners' ability to manage their rental properties according to their own business practices, imposing government-prescribed methods for handling applications and fee collection.
ARTICLE X. STATE AND FEDERAL LANDS (0)
This bill regulates private rental property application fees and does not address state or federal land management or ownership.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill concerns rental application fees and has no connection to wildlife management, hunting, fishing, or related topics.
ARTICLE XII. ECONOMY (-1)
Section 55-316 imposes new regulatory requirements on property owners and managers, including limitations on the number of concurrent applicants they can charge (subsection 1), mandatory disclosure requirements (subsection 1(b)), and fee caps tied to screening costs (subsection 4). These compliance requirements increase administrative burdens on small landlords and property management businesses, creating a less favorable regulatory environment for business operations in the rental housing sector.
ARTICLE XIII. HEALTH AND WELFARE (0)
This bill addresses rental application fees and does not relate to healthcare delivery, health insurance, patient rights, or welfare programs.
ARTICLE XIV. AMERICAN FAMILY (0)
While the bill affects families seeking rental housing, it does not address traditional family values, marriage, parental authority, or children's welfare as defined in this metric.
ARTICLE XV. OLDER AMERICANS (0)
The bill regulates rental application fees generally and does not specifically address older Americans, retirement, or policies affecting seniors.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
Although the bill mentions criminal history and background checks in subsection (2), it regulates rental application fees rather than addressing criminal justice, law enforcement, or related topics.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
This bill addresses rental application fees and has no connection to national defense, military, border security, or veterans.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill regulates rental application fees and has no connection to judicial elections or constitutional interpretation.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
This bill addresses rental application fees and has no connection to religious freedom or free exercise of religion.