HB 4123 (2026) – Overview
Definition of Confidential Information
The bill defines “confidential information” to include the following:
- Social Security Number (SSN)
- Phone number
- Email address
- Banking information
- Tax returns
- W-2 statements
- Sources of income or financial assistance
- Immigration or citizenship status
- Membership in a protected class
- Records related to the assertion of domestic violence allegations
- Medical records or records related to a disability
Restrictions on Disclosure
Landlords are prohibited from disclosing confidential information related to a tenant, former tenant, applicant, or any member of a tenant’s, former tenant’s, or applicant’s household.
Exceptions to the Disclosure Prohibition
There are several exceptions where disclosure is permitted:
- With the consent of the individual
- When required by a court order, judicial warrant, or subpoena (but not an administrative warrant or subpoena)
- As necessary to communicate with grantors, auditors, or third-party preparers to ensure compliance with federal, state, or local government affordable housing regulations
- As necessary to conduct background or credit checks
- To share phone numbers or emails for repair or maintenance issues
- For reference requests
- As necessary for use by a landlord in an insurance claim, collection matter, or administrative or court action
Penalties for Violations
A “knowing” violation of these restrictions results in a penalty equal to twice the monthly rent.
SB 1523 (2026) – Tenant Portal Legislation Overview
Definition of Tenant Portal
A “tenant portal” is defined as any electronic application, software, website, or digital platform provided by or on behalf of a landlord that a tenant, applicant, or prospective applicant uses in connection with applying for, establishing, maintaining, or terminating a tenancy. However, this does not include communications with the landlord or the landlord’s agent via email or text message.
Landlord Requirements for Tenant Portals
- If a landlord uses a tenant portal to accept applications, the landlord must post a printable copy of the application on the landlord’s website or, within seven days of receiving a written request from a prospective applicant, provide a printed or printable copy of the application by mail or electronic mail.
- Landlords must process all applications, whether they are received through the tenant portal or by other means.
- If an applicant or tenant requests an alternative in writing, the landlord may not require the use of a tenant portal as the sole means to verify identification, review and sign addenda or other legal agreements, or submit documents related to the tenancy.
Payment Methods and Fees
- Landlords must allow tenants to make payments by check or other commercially reasonable methods, such as money orders.
- Landlords may not require tenants to make payments exclusively by debit card, credit card, ACH, tenant portal, or similar electronic means. These options can be offered but not mandated.
- Landlords may not charge late fees or terminate a tenancy for nonpayment if they refuse to allow payment by check or money order.
- Landlords are permitted to pass through processing fees incurred from payment by credit or debit card to the tenant, provided that:
- The payment processing company allows the fees to be passed on to the payor
- Tenants are allowed to pay by non-electronic means
- Records of fees passed through are made available to the tenant upon written request
Access to Common Areas
There must be a physical method of unlocking common areas that does not require use of a tenant portal.