Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires landlords to comply with federal COVID-era eviction requirements when trying to evict or remove a tenant in Colorado.

Highlights:

• Requires a landlord who initiates an eviction proceeding for nonpayment of rent against a tenant to comply with certain notice requirements set forth in federal law for tenants who use housing subsidies (covered tenants) (Sec. 1-7).

• Specifies that if a tenant proves as an affirmative defense to an eviction proceeding that the landlord violated the warranty of habitability, the court must order a reduction in the fair rental value of the dwelling unit and order the landlord to reimburse the tenant any difference in rent between the reduced fair rental value and any greater amount of rent that the tenant paid (Sec. 1-7).

• Requires that the landlord must reimburse this amount regardless of whether part or all of the rent was paid by the tenant or by a housing subsidy issued to the tenant (Sec. ).

• Specifies that a landlord commits an unfair housing practice if the landlord fails to (Sec. 1-7):

• Make reasonable efforts to timely respond to requests for information and documentation that is necessary for a rental assistance application program; or

• Cooperate with a tenant who is applying for rental assistance in good faith.

• Specifies that, if a court awards damages to a plaintiff who prevails in such an action, and the violation concerns discrimination on the basis of an individual's use of a housing subsidy, the court shall award at least $5,000 in damages. (Sec. 1-7)

• Requires that a calculation of such damages must include consideration of losses that a tenant may incur as a result of the tenant forfeiting their housing subsidy as a result of the landlord discriminating against the tenant based on the tenant's source or amount of income (Sec. 1-7).

• establishes a minimum penalty amount of $5,000 if a person commits any of certain unfair housing violations and the violation concerns discrimination on the basis of an individual's use of a housing subsidy (Sec. 1-7).

• Specifies that the provisions of this bill declare an emergency and shall take effect immediately upon passage and approval by the Governor (Sec.8).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires landlords to comply with federal COVID-era eviction requirements when trying to evict or remove a tenant in Colorado.

Highlights:

• Requires a landlord who initiates an eviction proceeding for nonpayment of rent against a tenant to comply with certain notice requirements set forth in federal law for tenants who use housing subsidies (covered tenants) (Sec. 1-7).

• Specifies that if a tenant proves as an affirmative defense to an eviction proceeding that the landlord violated the warranty of habitability, the court must order a reduction in the fair rental value of the dwelling unit and order the landlord to reimburse the tenant any difference in rent between the reduced fair rental value and any greater amount of rent that the tenant paid (Sec. 1-7).

• Requires that the landlord must reimburse this amount regardless of whether part or all of the rent was paid by the tenant or by a housing subsidy issued to the tenant (Sec. ).

• Specifies that a landlord commits an unfair housing practice if the landlord fails to (Sec. 1-7):

• Make reasonable efforts to timely respond to requests for information and documentation that is necessary for a rental assistance application program; or

• Cooperate with a tenant who is applying for rental assistance in good faith.

• Specifies that, if a court awards damages to a plaintiff who prevails in such an action, and the violation concerns discrimination on the basis of an individual's use of a housing subsidy, the court shall award at least $5,000 in damages. (Sec. 1-7)

• Requires that a calculation of such damages must include consideration of losses that a tenant may incur as a result of the tenant forfeiting their housing subsidy as a result of the landlord discriminating against the tenant based on the tenant's source or amount of income (Sec. 1-7).

• establishes a minimum penalty amount of $5,000 if a person commits any of certain unfair housing violations and the violation concerns discrimination on the basis of an individual's use of a housing subsidy (Sec. 1-7).

• Specifies that the provisions of this bill declare an emergency and shall take effect immediately upon passage and approval by the Governor (Sec.8).

Full Bill Text