Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0238.01 Bob Lackner x4350
HOUSE BILL 22-1082
House Committees Senate Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ENFORCEMENT OF STATE HOUSING LAWS BY THE101
DEPARTMENT OF LAW , AND, IN CONNECTION THEREWITH ,102
ESTABLISHING A FAIR HOUSING UNIT WITHIN THE DEPARTMENT103
OF LAW.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill:
! Expands the statutory list of state laws for which the
attorney general may bring civil and criminal enforcement
HOUSE
Amended 2nd Reading
March 4, 2022
HOUSE SPONSORSHIP
Hooton and Bacon,
SENATE SPONSORSHIP
Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. actions to include various statutory provisions relating to
housing; and
! Creates the fair housing unit within the department of law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds, declares, and determines that:3
(a) According to the report issued by the affordable housing4
transformational task force released in January 2022, an estimated5
315,000 households in Colorado spend more than fifty percent of their6
income on housing costs. The report also found that there are 162,5577
households in the state that are considered to be extremely low income,8
but only 48,767 housing units that are affordable and available to these9
families.10
(b) There is fewer than one legal aid attorney available for every11
30,000 Coloradans experiencing poverty;12
(c) This lack of legal assistance leaves Coloradans vulnerable to13
abuses as they struggle to find stable and affordable housing;14
(d) Even when a Coloradan is able to obtain relief, such15
individualized relief often does not lead to systemic change or assist16
another person similarly situated; and17
(e) Without safe and stable housing, Coloradans struggle to18
maintain employment, education outcomes suffer, and community support19
is lost.20
(2) By empowering the Colorado attorney general to enforce21
critical housing laws, the attorney general will be able to provide22
systematic protections for residents and provide system-wide support for23
residents and businesses.24
1082-2- SECTION 2. In Colorado Revised Statutes, 24-31-101, amend1
(1)(i) as follows:2
24-31-101. Powers and duties of attorney general. (1) The3
attorney general:4
(i) May bring civil and criminal actions to enforce state laws,5
including actions brought pursuant to:6
(I) The "Colorado Antitrust Act of 1992" in article 4 of title 6;7
(II) The "Colorado Consumer Protection Act" in article 1 of title8
6;9
(III) The "Unfair Practices Act" in article 2 of title 6;10
(IV) Article 12 of title 6; and sections 6-1-110, 11-51-603.5,11
24-34-505.5, and 25.5-4-306;12
(V) S
ECTION 6-1-110;13
(VI) S
ECTION 11-51-603.5;14
(VII) S
ECTION 24-34-505.5;15
(VIII) S
ECTION 25.5-4-306;16
(IX) T
HE "IMMIGRANT TENANT PROTECTION ACT" IN PART 12 OF17
ARTICLE 12 OF TITLE 38;18
(X) T
HE "MOBILE HOME PARK ACT" IN PART 2 OF ARTICLE 12 OF19
TITLE 38;20
(XI) T
HE "MOBILE HOME PARK ACT DISPUTE RESOLUTION AND21
E
NFORCEMENT PROGRAM" IN PART 11 OF ARTICLE 12 OF TITLE 38;22
(XII) P
ART 1 OF ARTICLE 12 OF TITLE 38;
23
(XIII) P
ART 7 OF ARTICLE 12 OF TITLE 38;
AND24
(XIV) SECTION 38-12-904 (1)(b).25
SECTION 3. In Colorado Revised Statutes, 24-31-102, amend26
(1)(h) and (1)(i); and add (1)(j) as follows:27
1082
-3- 24-31-102. Offices, boards, and divisions. (1) The department1
of law, the chief executive officer of which is the attorney general,2
includes the following:3
(h) The financial empowerment office, created in part 11 of this4
article 31; and5
(i) Notwithstanding section 24-1-107, any other division, office,6
or unit established by the attorney general or by law. THE FAIR HOUSING7
UNIT; AND8
(j) N
OTWITHSTANDING SECTION 24-1-107, ANY OTHER DIVISION,9
OFFICE, OR UNIT ESTABLISHED BY THE ATTORNEY GENERAL OR BY LAW .10 SECTION 4. In Colorado Revised Statutes, add 24-31-115 as11
follows:12
24-31-115. Housing unit. (1) WHEN THERE IS REASON TO13
BELIEVE THAT THERE IS A POTENTIAL VIOLATION OF LAW THAT RISKS14
CONSUMER HARM, PUBLIC HEALTH, OR PUBLIC SAFETY, OR THAT IS BASED15
ON A SUBSTANTIATED COMPLAINT, THE ATTORNEY GENERAL MAY16
INVESTIGATE ANY PERSON OR ORGANIZATION SUBJECT TO THIS ARTICLE 3117
AS OFTEN AS NECESSARY IN ORDER TO CARRY OUT THE PURPOSES OF THIS18
ARTICLE 31. THE ATTORNEY GENERAL MAY DIRECT OR SUBPOENA ANY19
PERSON WHOSE TESTIMONY MAY BE REQUIRED ABOUT POTENTIAL20
VIOLATIONS OF LAW AND MAY DIRECT OR SUBPOENA THE PERSON TO21
PRODUCE RECORDS THE ATTORNEY GENERAL CONSIDERS RELEVANT TO22
THE INQUIRY. NOTHING IN THIS SECTION LIMITS THE SCOPE OF THE23
ATTORNEY GENERAL'S AUTHORITY TO REVIEW AND INVESTIGATE24
POTENTIAL VIOLATIONS OF LAW OR HARM DISCOVERED IN THE COURSE OF25
AN INVESTIGATION.26
(2) NOTHING IN THIS SECTION IMPACTS OR AFFECTS BANKING27
1082
-4- EXAMINATIONS AND REGULATIONS PROMULGATED BY PRIMARY FEDERAL1
AND STATE BANKING AUTHORITIES, NOTWITHSTANDING THE AUTHORITY2
THAT MAY BE EXERCISED BY THE ATTORNEY GENERAL UNDER SECTION3
11-51-603.5.4
SECTION 5. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly; except7
that, if a referendum petition is filed pursuant to section 1 (3) of article V8
of the state constitution against this act or an item, section, or part of this9
act within such period, then the act, item, section, or part will not take10
effect unless approved by the people at the general election to be held in11
November 2022 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
1082
-5-