Bill Tracker

Bill signed by Governor 5/10/21

The current statutory functions of the division of housing
(division) within the department of local affairs include conducting
research into new approaches to housing throughout the state. The bill
expands the list of research subjects to include:
  • Transit-oriented development that includes increased
housing density near employment, education, and town
centers; and
  • Advanced energy performance standards that minimize the
total building operational costs during the affordability
period.
The bill also eliminates certain statutory functions of the division
that are now outdated.
The bill expands the list of existing functions of the division to
include collaborating with other state agencies to develop incentives that
support:
  • Local development near transit corridors;
  • Increased housing density development within
employment, education, and town centers; and
  • Energy performance standards that minimize total building
operational costs during the affordability period.
The bill also requires the division to collaborate with other state
agencies in connection with the disposition of state-owned assets to be
used for low- and moderate-income housing.
The bill requires the division to maintain the confidentiality of all
names, addresses, and personal identifying information of applicants,
recipients, and former recipients of housing assistance. The division is
permitted to publish or provide aggregate or de-identified data concerning
applicants, recipients, and former recipients of housing assistance to third
parties and other governmental entities, and to enter into data-sharing
agreements authorizing the transfer of such information subject to
restrictions specified in the bill.

• April 20, 2021: Senate Local Government Committee Report
• March 02, 2021: House Transportation & Local Government Committee Report

Signed by Speaker of the House on 6/14/21

Not later than October 1, 2021, and not later than October 1 of
each year thereafter, the bill requires the division of housing (division) in

the department of local affairs to prepare a public report that specifies the
total amount of money that:
  • The division or the state housing board (board) received
from any federal, state, other public, or any private source
during the prior fiscal year; and
  • The division or the board expended from state funding
during the prior fiscal year to make an award in the form of
a grant or loan to promote the provision of affordable
housing.
The bill identifies various items the report must address. The
report shall be posted on the division's website and shared with the board
and the general assembly.

• May 19, 2021: Senate Appropriations Committee Report
• May 11, 2021: Senate Local Government Committee Report
• April 28, 2021: House Appropriations Committee Report
• March 10, 2021: House Transportation & Local Government Committee Report

Signed by the Governor on 5/28/21. The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. No appropriation is required.

The League supports legislation to address the housing crisis that confronts low-income families. There is a statewide shortage of nearly 121,000 affordable rental units. Nearly half of all Colorado renters are considered cost-burdened, with an additional 24% being severely cost-burdened. Local governments need tools to provide housing that is affordable to their workforce and community.

This bill adds no new requirements to state law. This bill clarifies that the state prohibition on local rent control laws is not applicable to local laws that restrict rents on newly constructed or redeveloped housing so long as the local regulation provides options to the property owner or land developer and creates alternatives to the construction of new affordable housing on the building site. To exercise this authority, a local government must demonstrate that it has taken one or more steps listed in the bill to increase the overall number and density of housing units within its jurisdictional boundaries or promoted or created incentives to the construction of affordable housing units.

Passed the House Transportation & Local Government Committee on a vote of 7-3-1. An amendment from the House Floor clarified that this bill is not rent control. Passed the House on 3/22/21 with a vote of 41-23-1. An amendment was requested by Gov. Polis that adds the requirement that, to exercise this authority, a local government must demonstrate that it has taken one or more steps (listed in the bill) to increase the overall number and density of housing units within its jurisdictional boundaries or to promote or create incentives to the construction of affordable housing units. Passed the Senate Committee on State, Veterans, & Military Affairs on a vote of 3-2. Passed the Senate on 5/3/21 with a vote of 22-12-1. Repassed in the House with Senate amendments on 5/7/21 with a vote of 38-23-4-0.

The bill clarifies that the existing authority of cities and counties
to plan for and regulate the use of land includes the authority to regulate
development or redevelopment in order to promote the construction of

new affordable housing units. The provisions of the state's rent control
statute do not apply to any land use regulation that restricts rents on newly
constructed or redeveloped housing units as long as the regulation
provides a choice of options to the property owner or land developer and
creates one or more alternatives to the construction of new affordable
housing units on the building site.

• April 27, 2021: Senate State, Veterans, & Military Affairs Committee Report
• March 10, 2021: House Transportation & Local Government Committee Report

Passed. The bill takes effect upon signature of the Governor, or upon becoming law without his signature. No appropriation is required.

The League supports policies that provide a decent home and a suitable living environment for every American family. Housing instability and forced moves have adverse impacts on tenants that can lead to poor health outcomes, job loss, poverty, and homelessness. Housing instability can be especially burdensome for children, older adults, and persons with disabilities, and low-income women and Black and Hispanic populations face a disproportionately high risk of eviction. Limiting rent increases to once per 12-month period and extending the notification time for tenants without a lease allows tenants time to plan and find alternate housing. Colorado’s Special Eviction Prevention Task Force recommended extending the stay after an eviction court order beyond 48 hours, which allows tenants more time to find stable housing.

This bill:

• Extends the period for residential evictions after a landlord wins an eviction judgment from 48 hours to 10 days
• Prohibits landlords from increasing rent more than one time in a 12-month period
• When there is no written agreement between the landlord and tenant, extends the written notice period for raising rent or terminating a residential tenancy from 21 to 60 days.

Amendments from the House Business Affairs & Labor Committee stripped a lot of content from the original bill. Passed the House Business Affairs & Labor Committee on a vote of 8-5. Passed the House on 4/1/21 with a vote of 40-23-2. Passed the Senate State, Veterans, & Military Affairs Committee on a vote of 3-2. Passed the Senate on 5/21/21 with a vote of 19-15-1.

Under existing law, certain residential landlords must give 10 days'
notice to tenants prior to starting eviction proceedings for failure to pay
rent or for a first or subsequent violation of any other condition or
covenant other than a substantial violation. The bill requires landlords to
give 14 days' notice in those situations.
Under existing law, the clerk of the court or the attorney for the

plaintiff may issue a summons to a defendant in an eviction action. The
bill requires that the clerk of the court issue the summons in a residential
eviction action. The bill extends the period for which the summons must
be issued from 7 days before the court appearance to 14 days before the
court appearance.
Under existing law, in certain circumstances, a person may serve
a notice to quit or summons to the tenant by posting a copy of the notice
or summons and the complaint in a conspicuous place upon the premises
and a person may serve a notice to quit by leaving it with a member of the
tenant's family who is at least 15 years old. The bill removes those
provisions for service in residential tenancy actions and requires that the
notice to quit or summons be served in the same manner as any other civil
action.
Under existing law, if a landlord wins judgment in an eviction
action, the court cannot issue a writ of restitution, which directs the
county sheriff to assist the landlord in removing the tenant, until 48 hours
after judgment. The bill extends the period for residential evictions to 14
days after judgment.
The bill prohibits residential landlords from increasing rent more
than one time in a 12-month period of tenancy.
The bill extends the notice period for nonpayment of rent for a
home owner in a mobile home park from 10 days to 14 days.
Under existing law, for a tenancy of one month or longer but less
than 6 months in which there is no written agreement between the
landlord and tenant, a landlord must give 21 days' written notice to the
tenant prior to increasing the rent. For a residential tenancy, the bill
extends the notice period to 60 days and makes it apply to a tenancy of
any duration without a written agreement. The bill prohibits a landlord
from terminating a residential tenancy in which there is no written
agreement with the primary purpose of increasing a tenant's rent without
providing 60 days' notice.

• April 27, 2021: Senate State, Veterans, & Military Affairs Committee Report
• March 26, 2021: House Appropriations Committee Report
• March 03, 2021: House Business Affairs & Labor Committee Report

Colorado Housing and Finance Authority would administer a pilot program involving 10 landlords and at least 100 tenants with emphasis on selecting tenants from under represented groups and from diverse areas of state.  Program would report rent payments to credit agencies allowing tenants to build credit without incurring debt.

This is a DEI bill as focus is on selection of diverse groups of tenants as a way of helping them gain access to credit.  Credit invisibility and unscorability are barriers to financial opportunity that have adverse effects lasting generations.

In many cases non-payment of rent is reported but not payments.  

This bill supports a program that could help reduce poverty through building up good credit score.  Establishing good credit could allow families to move into home ownership giving them a decent, safe and affordable housing.

The cost of this project will be handled through CHAFA.

The bill creates the tenants' rent payment information pilot
program (pilot program) and directs the Colorado housing and finance
authority (authority) to contract with a third party to administer the pilot
program in accordance with rules promulgated by the authority.
The administrator shall recruit no more than 10 landlords to

participate in the pilot program. A tenant may participate in the pilot
program only if the tenant elects to participate and completes a financial
education course.
On or before January 1, 2024, the authority, in consultation with
the administrator, shall submit to applicable legislative committees of
reference a report concerning the pilot program.
The pilot program is repealed, effective June 1, 2024.

• June 03, 2021: Senate Appropriations Committee Report
• May 24, 2021: Senate State, Veterans, & Military Affairs Committee Report
• May 14, 2021: House Appropriations Committee Report
• April 01, 2021: House Business Affairs & Labor Committee Report

Passed. The bill takes effect upon signature of the Governor, or upon becoming law without his signature, except that section 24-32-3207 (6)(a)(I) and (6)(c)(I) in section 9 of this act requiring transfers from the Affordable Housing and Home Ownership Cash Fund take effect only if House Bill 21-1329 becomes law.

The League supports legislation to address the housing crisis that confronts low-income families. Coloradans have identified housing affordability as the biggest issue facing the state, and one in every seven Colorado households is spending more than half of its income on housing. Between 2012 and 2019, Colorado fell from being one of the most affordable states to one of the least affordable states in the country based on the median home price to median income ratio. There is a statewide shortage of nearly 121,000 affordable rental units, and nearly half of all Colorado renters are considered cost-burdened. Funding through the grant programs in this bill will remove regulatory barriers and incentivize housing affordability statewide.

In the current FY 2020-21, the bill transfers $13.0 million from the General Fund and $35.0 million in Federal ARPA funds to cash funds supporting local governments in the development of affordable housing solutions. Funds must be used by the end of FY 2023-24. In FY 2021-22, the bill includes appropriations totaling $46.4 million and 2.6 FTE to the Department of Local Affairs.

The bill creates three programs in the Department of Local Affairs (DOLA) to offer grant money and other forms of state assistance for local governments to promote innovative solutions to the development of affordable housing. The moneys transferred for the programs must be used by June 30, 2024. The three programs are:

• The Housing Development Incentives Grant Program to offer grants to local governments that adopt at least three policy and regulatory tools from a menu of options enumerated in the bill. The bill transfers $39.3 million to support this grant program.
• The Local Government Planning Grant Program provides grants to local governments to assess housing needs or to make changes to local policies to become eligible for a Housing Development Incentives Grant. The bill transfers $7.1 million to support this grant program.
• The Affordable Housing Guided Toolkit Program provides funding and technical assistance to local governments that make changes to provide incentives and reduce barriers to the development of affordable housing. The bill transfers $1.6 million for this program.

Passed the House Transportation & Local Government Committee on a vote of 9-2. Passed the House on 5/5/21 with a vote of 41-22-2. An amendment in the Senate Local Government Committee incorporated racial equity considerations in the criteria. Passed the Senate Local Government Committee on a vote of 3-2. An amendment in the Senate Appropriations Committee allocated federal ARPA funds for the grant programs. Passed the Senate on 6/7/21 with a vote of 21-14-0. Repassed in the House with Senate amendments on 6/8/21 with a vote of 41-24-0.

The bill creates 3 different programs in the department of local

affairs (DOLA) for the purpose of offering grant money and other forms
of state assistance to local governments to promote innovative solutions
to the development of affordable housing across the state.
Local government affordable housing development incentives
grant program (housing development incentives grant program). This
program will provide grants to local governments that adopt not less than
3 policy and regulatory tools from among a menu of options that create
incentives to promote the development of affordable housing. A local
government that adopts such tools is eligible for a grant from the housing
development incentives grant program as an incentive to develop one or
more affordable housing developments in their community that are
liveable, vibrant, and driven by community benefits. The division of local
government (DLG) within DOLA administers the housing development
incentives grant program.
The bill enumerates items included in the menu of policy and
regulatory tools.
Local government planning grant program. This program will
provide grants to local governments that lack one or more of the policy
and regulatory tools that provide incentives to promote the development
of affordable housing that forms the basis for a grant under the housing
development incentives grant program and that could benefit from
additional funding to be able to create and make use of these policy and
regulatory tools. Money under the planning grant program will be
available to a local government to enable the government to retain a
consultant or a related professional service to assess the housing needs of
its community or to make changes to its policies, programs, development
review processes, land use codes, and related rules to become an eligible
recipient of a grant under the housing development incentives grant
program. The planning grant program will be administered by the DLG.
As part of its administration of the planning grant program, the DLG will
provide assistance to local governments on best land use practices and
tools and is required to update and publish model county and municipal
land use codes for the benefit of local governments across the state.
The affordable housing guided toolkit and local officials guide
program (housing toolkit program). This program creates the housing
toolkit program within the division of housing (DOH) within DOLA. The
purpose of the housing toolkit program is to award funding to qualified
counties and municipalities selected in a competitive process who commit
to the adoption of best land use practices with demonstrated success in the
development of affordable housing. Under the housing toolkit program,
technical assistance will be provided by consultants and related
professionals to local governments who demonstrate an understanding of
the housing needs of their communities, take steps to engage their entire
communities in this process, make changes to their land use codes and
related processes that provide incentives and reduce barriers to the
development of affordable housing, obtain and support viable sites in
their communities for the development of affordable housing, and attract
developers committed to making such investments in their communities.
The DOH is to administer the housing toolkit program.
In evaluating applications for grants from the housing development
incentives grant program, the bill requires the DLG to prioritize proposals
submitted by local governments based on factors specified in the bill.
On or before September 1, 2021, the bill requires the executive
director of DOLA or the executive director's designee to adopt policies,
procedures, and guidelines for the 3 different state assistance programs
that include, without limitation:
  • Procedures and timelines by which an eligible recipient
may apply for a grant;
  • Criteria for determining the amount of grant awards;
  • Performance criteria for grant recipients' projects; and
  • Reporting requirements for grant recipients.
On the effective date of the bill, or as soon as practicable
thereafter, the state treasurer is required to transfer $9,300,000 from the
general fund to the Colorado heritage communities fund for the creation,
implementation, and administration by the DLG of the housing
development incentives grant programs.
On the effective date of the bill, or as soon as practicable
thereafter, the state treasurer is required to transfer $2,100,000 from the
general fund to the Colorado heritage communities fund for the creation,
implementation, and administration by the DLG of the planning grant
program.
On the effective date of the bill, or as soon as practicable
thereafter, the state treasurer is required to transfer $1,600,000 from the
general fund to the housing development grant fund for the creation,
implementation, and administration by the DOH of the housing toolkit
program.
All costs incurred in administering any of the 3 programs created
under the bill must be paid out of the money transferred under the bill. All
money transferred under the bill for the 3 state programs must be
expended over the subsequent 3 state fiscal years.
On or before November 1 of each year, the executive director of
DOLA or the director's designee is required to publish a report
summarizing the use of all assistance that was awarded from the 3
different programs created under the bill in the preceding fiscal year. The
bill specifies additional required contents of the reports. The reports must
be shared with the general assembly and posted on DOLA's website.
The bill updates and repeals obsolete statutory provisions
concerning the office of smart growth (OSG) within DOLA and the
Colorado heritage communities fund.
The bill authorizes the OSG, as money becomes available, to
provide grants or other forms of assistance to counties and municipalities
to address critical planning issues and specifies examples of the forms of
assistance that may be provided by the office. The OSG is required to
create guidelines to specify the activities on the part of local governments
that will qualify for grant funding or other forms of assistance provided
under the bill. The OSG is permitted to use available money to administer
the Colorado heritage grant program.

• June 03, 2021: Senate Appropriations Committee Report
• May 11, 2021: Senate Local Government Committee Report
• May 04, 2021: House Appropriations Committee Report
• April 28, 2021: House Transportation & Local Government Committee Report

The bill requires the department of personnel (department) to
create and maintain an inventory of unused state-owned real property and

to determine whether the unused state-owned real property identified is
suitable for construction of affordable housing or placement of renewable
energy facilities, or if such property is suitable for other purposes.
The department is authorized to seek proposals from qualified
developers to construct affordable housing or to place renewable energy
facilities on unused state-owned real property that the department has
deemed suitable.
The department is authorized to enter into contracts with qualified
developers for proposals to construct affordable housing or to place
renewable energy facilities on unused state-owned real property that the
department has deemed suitable, subject to available appropriations.
The bill creates the unused state-owned real property cash fund to
which the state treasurer is required to credit all proceeds from the sale,
rent, or lease of unused state-owned real property.

• May 18, 2021: Senate State, Veterans, & Military Affairs Committee Report
• April 29, 2021: House Business Affairs & Labor Committee Report

Passed. The bill takes effect upon the signature of the Governor or upon becoming law without his signature. This bill was contingent on the passage of Senate Bill 21-288 (American Rescue Plan Act of 2021 Cash Fund), which was signed by Governor Polis on 6/11/21.

The League supports legislation to address the housing crisis that confronts low-income families. The federal American Rescue Plan Act of 2021 was enacted to provide support to state, local, and tribal governments in responding to the impact of the COVID-19 pandemic. Low-income communities, people of color, and tribal communities have faced greater impacts from the pandemic, magnified by preexisting conditions and vulnerabilities. Colorado has prioritized investments in housing and neighborhoods to address these impacts.

This bill allocates federal American Rescue Plan Act funding for programs or services that address housing insecurity, lack of affordable housing, or homelessness resulting from the COVID-19 pandemic. It creates the Affordable Housing and Home Ownership Cash Fund to provide assistance to households or populations disproportionately impacted by the COVID-19 public health emergency and to support programs or services that address housing insecurity, lack of affordable housing, or homelessness. Money in the fund may be transferred or appropriated to principal departments or the Judicial Department and used for purposes permitted under the federal American Rescue Plan Act of 2021. Within 3 days of the bill’s effective date, the bill requires the transfer of $550 million from the “American Rescue Plan Act” Cash Fund to the Affordable Housing and Home Ownership Cash Fund, and $1.5 million from the Affordable Housing and Home Ownership Cash Fund to the Eviction Legal Defense Fund to provide legal representation to indigent tenants for an eviction or impending eviction. For FY 2021-22, the bill includes an appropriation of $98.5 million to the Department of Local Affairs. The Executive Committee of the Legislative Council must create a task force to meet during the 2021 interim to issue a report to the General Assembly and the Governor on policies to create transformative change in the area of housing. The fund is repealed on July 1, 2027.

The federal government enacted the American Rescue Plan Act
of 2021 (federal act) to provide support to state, local, and tribal

governments in responding to the impact of COVID-19 and to assist them
in their efforts to contain the effects of COVID-19 on their communities,
residents, and businesses. Under the federal act, the state of Colorado
receives over $500 million to address the housing needs of populations,
households, or geographic areas disproportionately affected by the
COVID-19 public health emergency.
The bill creates the affordable housing and home ownership cash
fund (fund) in the state treasury. To respond to the public health
emergency with respect to COVID-19 or its negative economic impacts,
the bill authorizes the general assembly to appropriate money from the
fund to a department for programs or services that benefit populations,
households, or geographic areas disproportionately impacted by the
COVID-19 public health emergency, focusing on programs or services
that address housing insecurity, lack of affordable housing, or
homelessness.
Three days after the effective date of the bill, the state treasurer is
required to transfer $550 million from the American Rescue Plan Act of
2021 cash fund to the fund.
The bill requires the executive committee of the legislative
council, by resolution, to create a task force to meet during the 2021
interim and issue a report with recommendations to the general assembly
and the governor on policies to create transformative change in the area
of housing using money the state receives from the federal act. The task
force may include nonlegislative members and have working groups
created to assist them.
For the 2021-22 state fiscal year, the bill appropriates $100 million
to the department of local affairs for use by the division of housing
(division). This appropriation is from the fund. To implement the bill, the
division may use the appropriation for programs and services that provide
gap financing for projects financed through the housing investment trust
fund or the housing development grant fund to assist populations,
households, or geographic areas disproportionately affected by the
COVID-19 public health emergency in order to obtain affordable housing
by the acquisition, construction, or renovation of affordable housing
projects or land acquisition, thus enabling individuals and families to
relocate to neighborhoods with high levels of economic opportunity and
reducing concentrated areas of low economic opportunity.

• June 07, 2021: Senate Appropriations Committee Report
• June 04, 2021: Senate State, Veterans, & Military Affairs Committee Report
• June 03, 2021: House Appropriations Committee Report
• June 02, 2021: House Transportation & Local Government Committee Report

The Necessary Document Program helps Colorado residents who are victims of domestic violence, impacted by natural disaster, low-income, disabled, homeless, or elderlypay fees to acquire a necessary document.  Necessary documents are defined as social security cards, driver's licenses, identification cards, or a vital stastics report (such as a birth, death, or marriage certificate).  The Office of Health Equity contracts with a nonprofit organization or collection of non-profit organizations to implement the program.  Thenprogram funds approximately 10,500 documents per year.

The bill continues the necessary document program indefinitely.

• June 03, 2021: House Appropriations Committee Report
• May 25, 2021: House Public & Behavioral Health & Human Services Committee Report
• April 30, 2021: Senate Appropriations Committee Report
• February 17, 2021: Senate Health & Human Services Committee Report

Passed. The effective date is October 1, 2021, contingent upon the signature of the Governor or upon becoming law without his signature and assuming no referendum petition is filed. For FY 2021-22, this bill requires an appropriation of $15,756 to the Judicial Department.

The League supports policies to provide a decent home and a suitable living environment for every American family. One in four Colorado renters spend more than 50% of their income on housing, and this financial burden can be exacerbated by excessive late fees. Gov. Polis’ Special Eviction Prevention Task Force recommended a statutory limit on the amount of late fees and interest that landlords can charge tenants. Extending the time to pay rent before incurring late fees can improve housing stability by allowing tenants more time to find rental assistance, legal assistance, or to receive a paycheck.

This bill provides protections for Colorado tenants regarding late fees, eviction court proceedings, and rental agreements. For late fees, this bill establishes rules regarding late fees charged to tenants or mobile home owners:

• Limits the amount of late fees that a landlord may charge
• Establishes a grace period for late rent payments
• Prohibits a landlord from initiating eviction procedures on the sole basis of failure to pay late fees
• Exempts the portion of rent paid by a rent subsidy provider from late fees
• Requires that any late fees be disclosed in the rental agreement
• Prohibits late fees from being recouped from rent payments or from accruing interest
• Establishes penalties for violation of late-fee provisions

For eviction court procedures, this bill:

• Specifies what the summons must contain, including a list of available legal aid and rental assistance resources (provided by DOLA)
• Specifies that the landlord and tenant must provide any documentation requested that is related to the tenancy or current action
• Extends the amount of time tenants can pay back rent during the eviction process to any point until the court has ordered a Writ of Restitution, which does not extend the eviction timeline for landlords
• Prohibits the court from entering a default judgment for possession before the close of business on the date when the appearance is due
• Allows indigent tenants to assert a Warranty of Habitability (health and safety) defense without having to pay a bond
• Defines the term “indigent”
• Establishes a financial penalty for landlords who illegally lock out tenants

Passed the Senate State, Veterans, & Military Affairs Committee on a vote of 3-2. Passed the Senate Appropriations Committee on a vote of 4-3. Incurred several substantial Senate Floor amendments. Passed the Senate on 4/14/21 with a vote of 19-15-1. Passed the House Business Affairs & Labor Committee on a vote of 8-5. Passed the House Appropriations Committee on a vote of 7-4. Passed the House on 6/3/21 with a vote of 39-24-2. Repassed the Senate with House amendments on 6/3/21 with a vote of 33-1-1.

The bill addresses the following items related to landlord and
tenant rights in residential rental agreements:
  • When a landlord removes or excludes a tenant from a
dwelling without resorting to proper court procedures, it is
an unfair or deceptive trade practice for the purposes of the
Colorado Consumer Protection Act;

  • After a complaint is filed by a landlord, the clerk of the
court or the attorney for the plaintiff shall issue a summons,
including information concerning filing an answer and
legal aid. A court shall not enter a default writ of restitution
before the close of business on the date upon which an
appearance is due.
  • Provides additional details regarding the defendant's
answer, including that a defendant does not waive any
defense related to proper notice by filing an answer; that
the court shall set a date for trial no sooner than 7 days
after the answer is filed, unless the defendant agrees to
waive this provision and schedule the trial for an earlier
date; and in the time after an answer is filed and before a
trial occurs, the court shall order that the landlord provide
any documentation related to the tenancy or the current
action that the defendant requests;
  • Repeals language requiring the defendant, in an appeal
from a judgment of a county court, to deposit with the court
the amount of rent found due;
  • When a court has issued a writ of restitution in a residential
forcible entry and wrongful detainer (FED) proceeding, a
tenant may pay any rent that is still owed to the landlord at
any point up to 48 hours after a court has ordered a writ of
restitution;
  • Eliminates the bond requirement for the warranty of
habitability and allows the tenant to assert an alleged
breach of the warranty of habitability as an affirmative
defense;
  • Establishes allowable court procedures and remedies in
cases of an alleged breach of warranty of habitability;
  • Bans liquidated damage clauses that assign a cost to a party
stemming from a rental violation or an eviction action;
  • Prohibits rental agreements that contain one-way
fee-shifting clauses that award attorney fees and court costs
only to one party; and
  • Guarantees parties to a residential FED dispute the right to
a trial by jury.
The bill prohibits a landlord of a mobile home park or a residential
premises (landlord) from:
  • Charging a tenant or mobile home owner (tenant) a late fee
for late payment of rent unless the rent payment is late by
at least 14 calendar days;
  • Charging a tenant a late fee in an amount that exceeds the
greater of:
  • $20; or
  • 2.5% of the amount of the rent obligation that
remains past due;
  • Requiring a tenant to pay a late fee unless the late fee is
disclosed in the rental agreement;
  • Removing, excluding, or initiating eviction procedures
against a tenant solely as a result of the tenant's failure to
pay one or more late fees;
  • Terminating a tenancy or other estate at will or a lease in a
mobile home park because the tenant fails to pay one or
more late fees to the landlord;
  • Imposing a late fee on a tenant for the late payment or
nonpayment of any portion of the rent that a rent subsidy
provider, rather than the tenant, is responsible for paying;
  • Imposing a late fee more than once for each late payment;
  • Requiring a tenant to pay interest on late fees;
  • Recouping any amount of a late fee from a rent payment
made by a tenant; or
  • Charging a tenant a late fee unless the landlord provided
the tenant written notice of the late fee within 180 days
after the date upon which the rent payment was due.
A landlord who commits a violation must pay a $20 penalty to an
aggrieved tenant for each violation. Otherwise, a landlord who commits
a violation has 7 days to cure the violation, which 7 days begins when the
landlord receives notice of the violation. If a landlord fails to timely cure
a violation, the tenant may bring a civil action to seek one or more of the
following remedies:
  • Compensatory damages for injury or loss suffered;
  • A penalty of at least $500 but not more than $2,000 for
each violation, payable to the tenant;
  • Costs, including reasonable attorney fees if the tenant is the
prevailing party; and
  • Other equitable relief the court finds appropriate.
The attorney general may investigate and prosecute alleged
violations. A violation that is not timely cured or that was committed by
a landlord in bad faith is an unfair or deceptive trade practice for the
purposes of the Colorado Consumer Protection Act.

• May 24, 2021: House Appropriations Committee Report
• May 20, 2021: House Business Affairs & Labor Committee Report
• April 01, 2021: Senate Appropriations Committee Report
• March 16, 2021: Senate State, Veterans, & Military Affairs Committee Report

Bill allows DOLA to use housing development grant fund for rental assistance, tenancy support service programs and grants/loans for purchase of underutilized hotels, motels, properties.  Include individuals experiencing homelessness.

Transfers $15 million dollars from general fund to housing development fund to create funding in support of rental assistance and support programs.  This grant will allow local governments and local non-profits to rent, purchase or renovate these properties to provide housing for those experiencing homelessness.

Currently in Colorado 1 out of 588 citizens are unhoused.  The pademic and recession will only see this number continue to increase unless action is taken.

Monies will provide safe housing for people with behavioral health challenges, inclusing those who are chronically homeless.  Every person should have decent and safe affordable housing.  Government working together can provide equality of housing for all persons.

The bill allows the division of housing within the department of
local affairs to use the housing development grant fund for rental
assistance, tenancy support service programs, and awarding grants and
loans for the purchase of underutilized hotels, underutilized motels, and
other underutilized properties. The bill expands those who are eligible to

benefit from the rental assistance and tenancy support programs to
include individuals experiencing homelessness.
The bill also transfers $15 million from the general fund to the
housing development grant fund for the funding of rental assistance and
tenancy support programs for individuals experiencing homelessness
related to underutilized hotels, underutilized motels, and other
underutilized properties, and the awarding of grants and loans for the
purchase of underutilized hotels, underutilized motels, and other
underutilized properties.
Finally, the bill requires the department of local affairs, during its
annual report to the assigned committee of reference, to report on the
rental and tenancy support service programs provided by the division of
housing for individuals experiencing homelessness related to
underutilized hotels, underutilized motels, and other underutilized
properties and the grants and loans awarded by the division in relation to
the rental, acquisition, or renovation of underutilized hotels, underutilized
motels, and other underutilized properties.

• June 03, 2021: House Appropriations Committee Report
• May 26, 2021: House Transportation & Local Government Committee Report
• May 19, 2021: Senate Appropriations Committee Report
• May 11, 2021: Senate Local Government Committee Report