Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0238.01 Bob Lackner x4350
HOUSE BILL 22-1082
House Committees Senate Committees
Judiciary Judiciary
Appropriations 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
SENATE
3rd Reading Unamended
April 22, 2022
SENATE
Amended 2nd Reading
April 21, 2022
HOUSE
3rd Reading Unamended
March 11, 2022
HOUSE
Amended 2nd Reading
March 4, 2022
HOUSE SPONSORSHIP
Hooton and Bacon, Benavidez, Bernett, Bird, Boesenecker, Cutter, Daugherty, Duran,
Exum, Froelich, Garnett, Gonzales-Gutierrez, Gray, Herod, Kipp, Lindsay, Lontine,
McCluskie, Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota, Snyder, Sullivan, Titone, Valdez
A., Valdez D., Weissman, Woodrow
SENATE SPONSORSHIP
Gonzales, Buckner, Fields, Jaquez Lewis, Lee, Moreno, Story, Winter
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 - powers of attorney general or13
district attorney - subpoenas - document production - remedies -14
injunctive relief - penalties. (1) WHEN THERE IS REASON TO BELIEVE15
THAT THERE IS A POTENTIAL VIOLATION OF LAW THAT RISKS HARM TO A16
CONSUMER, PUBLIC HEALTH, OR PUBLIC SAFETY, THAT IS BASED ON A17
SUBSTANTIATED COMPLAINT, THE ATTORNEY GENERAL MAY INVESTIGATE18
ANY PERSON OR ORGANIZATION SUBJECT TO THIS ARTICLE 31 A19
COMPLAINT IS NOT NECESSARY IF THE INFORMATION IS PROVIDED BY AN20
AGENCY OF THE FEDERAL , STATE, OR A LOCAL GOVERNMENT THAT21
REGULATES OR PROVIDES PROTECTIONS FOR CONSUMERS , TENANTS, AND22
MOBILE HOME RESIDENTS. THE ATTORNEY GENERAL MAY DIRECT OR23
SUBPOENA ANY PERSON WHOSE TESTIMONY MAY BE REQUIRED ABOUT24
POTENTIAL VIOLATIONS OF LAW AND MAY DIRECT OR SUBPOENA THE25
PERSON TO PRODUCE RECORDS THE ATTORNEY GENERAL CONSIDERS26
RELEVANT TO THE INQUIRY. NOTHING IN THIS SECTION LIMITS THE SCOPE27
1082
-4- OF THE ATTORNEY GENERAL'S AUTHORITY TO REVIEW AND INVESTIGATE1
POTENTIAL VIOLATIONS OF LAW OR HARM DISCOVERED IN THE COURSE OF2
AN INVESTIGATION.3
(2) NOTHING IN THIS SECTION IMPACTS OR AFFECTS BANKING4
EXAMINATIONS AND REGULATIONS PROMULGATED BY PRIMARY FEDERAL5
AND STATE BANKING AUTHORITIES, NOTWITHSTANDING THE AUTHORITY6
THAT MAY BE EXERCISED BY THE ATTORNEY GENERAL UNDER SECTION7
11-51-603.5.8
(3) Venue for actions. U
NTIL THE COLORADO SUPREME COURT
9
ADOPTS A VENUE PROVISION RELATING TO THIS ARTICLE 31, ACTIONS10
INSTITUTED PURSUANT TO THIS ARTICLE 31 MAY BE BROUGHT IN ANY11
COUNTY IN WHICH:12
(a) A
N ALLEGED VIOLATION OCCURRED OR IN WHICH ANY PORTION
13
OF A TRANSACTION INVOLVING AN ALLEGED VIOLATION OCCURRED ;14
(b) T
HE PRINCIPAL PLACE OF BUSINESS OF ANY DEFE NDANT IS
15
LOCATED; OR16
(c) A
NY DEFENDANT RESIDES.
17
(4) (a) Powers. W
HEN THE ATTORNEY GENERAL HAS REASONABLE
18
CAUSE TO BELIEVE THAT ANY PERSON , WHETHER IN THIS STATE OR19
ELSEWHERE, HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF ANY OF20
THE PROVISIONS LISTED IN SECTION 24-31-101 (1)(i)(IX) TO (1)(i)(XIV),21
THE ATTORNEY GENERAL MAY :22
(I) R
EQUEST THE PERSON TO FILE A STATEMENT OR A REPORT IN
23
WRITING, UNDER OATH OR OTHERWISE , ON FORMS PRESCRIBED BY THE24
ATTORNEY GENERAL, WITH RESPECT TO ALL FACTS AND CIRCUMSTANCES25
CONCERNING THE ADVERTISEMENT OF PROPERTY BY THE PERSON AND ANY26
OTHER DATA AND INFORMATION THE ATTORNEY GENERAL DEEMS27
1082
-5- NECESSARY;1
(II) E
XAMINE UNDER OATH ANY PERSON IN CONNECTION WITH THE
2
SALE OR ADVERTISEMENT OF ANY PROPERTY ;3
(III) E
XAMINE ANY PROPERTY OR SAMPLE THEREOF , RECORD,
4
BOOK, DOCUMENT, ACCOUNT, OR PAPER THE ATTORNEY GENERAL DEEMS5
NECESSARY; AND6
(IV) M
AKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY
7
GENERAL, OF ANY RECORD, BOOK, DOCUMENT, ACCOUNT, OR PAPER8
EXAMINED PURSUANT TO SUBSECTION (4)(c) OF THIS SECTION, WHICH9
COPIES MAY BE OFFERED INTO EVIDENCE IN LIEU OF PRODUCING THE10
ORIGINALS IN ANY ACTIONS BROUGHT BY THE ATTORNEY GENERAL .11
(b) F
OR PURPOSES OF THIS SECTION, "REASONABLE CAUSE" IS
12
BASED UPON A COMPLAINT CONCERNING A POTENTIAL VIOLATION OF THE13
LAW WHEN THE ATTORNEY GENERAL BELIEVES THE ALLEGED VIOLATION14
MAY AFFECT MORE THAN ONE PERSON OR BE PART OF A SERIES OF RELATED15
VIOLATIONS AFFECTING MULTIPLE PERSONS .16
(c) A
NY REQUEST FOR PERSONALLY IDENTIFIABLE INFORMATION
17
MADE PURSUANT TO THIS SUBSECTION (4) IS SUBJECT TO THE18
REQUIREMENTS OF SUBSECTION (5) OF THIS SECTION.19
(5) Subpoenas - production of documents. (a) W
HEN THE
20
ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON ,21
WHETHER IN THIS STATE OR ELSEWHERE, HAS ENGAGED IN OR IS ENGAGING22
IN A VIOLATION OF ANY OF THE PROVISIONS LISTED IN SECTION 24-31-10123
(1)(i)(IX)
TO (1)(i)(XIV), THE ATTORNEY GENERAL, IN ADDITION TO ANY
24
OTHER POWERS CONFERRED UPON THE ATTORNEY GENERAL BY THIS25
ARTICLE 31, MAY ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF26
WITNESSES OR THE PRODUCTION OF DOCUMENTS , ADMINISTER OATHS,27
1082
-6- CONDUCT HEARINGS IN AID OF ANY INVESTIGATION OR INQUIRY , AND1
PRESCRIBE SUCH FORMS AND PROMULGATE SUCH RULES AS MAY BE2
NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTICLE 31.3
(b) S
ERVICE OF ANY NOTICE OR SUBPOENA MUST BE MADE IN THE
4
MANNER PRESCRIBED BY LAW OR AS PROVIDED IN RULE 4 OF THE5
C
OLORADO RULES OF CIVIL PROCEDURE .
6
(c) I
F THE RECORDS OF A PERSON WHO HAS BEEN ISSUED A
7
SUBPOENA ARE LOCATED OUTSIDE THIS STATE , THE PERSON SHALL EITHER:8
(I) M
AKE THEM AVAILABLE TO THE ATTORNEY GENERAL AT A
9
CONVENIENT LOCATION WITHIN THIS STATE ; OR10
(II) P
AY THE REASONABLE AND NECESSARY EXPENSES FOR THE
11
ATTORNEY GENERAL OR DISTRICT ATTORNEY , OR THE ATTORNEY12
GENERAL'S OR DISTRICT ATTORNEY'S DESIGNEE, TO EXAMINE THE RECORDS13
AT THE LOCATION AT WHICH THE DOCUMENTS ARE MAINTAINED .14
(d) T
HE ATTORNEY GENERAL OR DISTRICT ATTORNEY MAY
15
DESIGNATE REPRESENTATIVES, INCLUDING COMPARABLE OFFICIALS OF THE16
STATE IN WHICH THE RECORDS ARE LOCATED , TO INSPECT THE RECORDS ON17
BEHALF OF THE ATTORNEY GENERAL OR DISTRICT ATTORNEY .18
(6) Inadmissible testimony. (a) A
NY TESTIMONY OBTAINED BY
19
THE ATTORNEY GENERAL PURSUANT TO COMPULSORY PROCESS UNDER20
THIS ARTICLE 31 OR ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY21
FROM SUCH TESTIMONY SHALL NOT BE ADMISSIBLE IN EVIDENCE IN ANY22
CRIMINAL PROSECUTION AGAINST THE PERSON SO COMPELLED TO TESTIFY .23
T
HIS SUBSECTION (6) SHALL NOT BE CONSTRUED TO PREVENT ANY LAW
24
ENFORCEMENT OFFICER FROM INDEPENDENTLY PRODUCING OR OBTAINING25
THE SAME OR SIMILAR FACTS, INFORMATION, OR EVIDENCE FOR USE IN ANY26
CRIMINAL PROSECUTION.27
1082
-7- (b) SUBJECT TO SUBSECTION (8) OF THIS SECTION, THE RECORDS OF1
INVESTIGATIONS OR INTELLIGENCE INFORMATION OF THE ATTORNEY2
GENERAL OBTAINED UNDER THIS ARTICLE 31 MAY CONSTITUTE PUBLIC3
RECORDS AVAILABLE FOR INSPECTION BY THE PUBLIC AT THE SOLE4
DISCRETION OF THE ATTORNEY GENERAL . THIS SUBSECTION (6)(b) SHALL5
NOT BE CONSTRUED TO PREVENT THE ATTORNEY GENERAL FROM ISSUING6
PUBLIC STATEMENTS DESCRIBING OR WARNING OF ANY COURSE OF7
CONDUCT OR ANY CONSPIRACY THAT CONSTITUTES A VIOLATION OF ANY8
OF THE PROVISIONS LISTED IN SECTION 24-31-101 (1)(i)(IX) TO9
(1)(i)(XIV),
WHETHER ON A LOCAL , STATEWIDE, REGIONAL, OR
10
NATIONWIDE BASIS.11
(7) Remedies. I
F ANY PERSON FAILS TO COOPERATE WITH ANY
12
INVESTIGATION PURSUANT TO THIS ARTICLE 31 OR FAILS TO OBEY ANY13
SUBPOENA PURSUANT TO THIS ARTICLE 31, THE ATTORNEY GENERAL MAY14
APPLY TO THE APPLICABLE DISTRICT COURT FOR AN APPROPRIATE ORDER15
TO EFFECT THE PURPOSES OF THIS ARTICLE. THE APPLICATION MUST STATE16
THAT THERE ARE REASONABLE GR OUNDS TO BELIEVE THAT THE ORDER17
APPLIED FOR IS NECESSARY TO INVESTIGATE A VIOLATION OF THIS ARTICLE18
31.
IF THE COURT IS SATISFIED THAT REASONABLE GROUNDS EXIST , THE
19
COURT IN ITS ORDER MAY:20
(a) G
RANT INJUNCTIVE RELIEF RESTRAINING THE ADVERTISEMENT
21
OF ANY PROPERTY BY SUCH PERSON ;22
(b) R
EQUIRE THE ATTENDANCE OF OR THE PRODUCTION OF
23
DOCUMENTS BY SUCH PERSON , OR BOTH; OR24
(c) G
RANT SUCH OTHER OR FURTHER RELIEF AS MAY BE
25
NECESSARY TO OBTAIN COMPLIANCE BY SUCH PERSON .26
(8) Injunctive authority - assurances of discontinuance.27
1082
-8- (a) WHENEVER THE ATTORNEY GENERAL HAS CAUSE TO BELIEVE THAT A1
PERSON HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF ANY OF THE2
PROVISIONS LISTED IN SECTION 24-31-101 (1)(i)(IX) TO (1)(i)(XIV), THE3
ATTORNEY GENERAL MAY APPLY FOR AND OBTAIN , IN AN ACTION IN THE4
APPROPRIATE DISTRICT COURT OF THIS STATE, A TEMPORARY RESTRAINING5
ORDER OR INJUNCTION, OR BOTH, PURSUANT TO THE COLORADO RULES OF6
CIVIL PROCEDURE, PROHIBITING THE PERSON FROM CONTINUING OR7
ENGAGING IN SUCH PRACTICES, OR DOING ANY ACT IN FURTHERANCE OF8
SUCH PRACTICES. THE COURT MAY MAKE SUCH ORDERS OR JUDGMENTS AS9
IS NECESSARY TO:10
(I) P
REVENT THE USE OR EMPLOYMENT BY SUCH PERSON OF ANY
11
SUCH PRACTICES;12
(II) C
OMPLETELY COMPENSATE OR RESTORE THE ORIGINAL
13
POSITION OF ANY PERSON INJURED BY MEANS OF ANY SUCH PRACTICE ; OR14
(III) P
REVENT ANY UNJUST ENRICHMENT BY ANY PERSON
15
THROUGH THE USE OR EMPLOYMENT OF ANY PRACTICE THAT IS IN16
VIOLATION OF ANY OF THE PROVISIONS LISTED IN SECTION 24-31-10117
(1)(i)(IX)
TO (1)(i)(XIV).
18
(b) W
HERE THE ATTORNEY GENERAL HAS AUTHORITY TO
19
INSTITUTE A CIVIL ACTION OR OTHER PROCEEDING PURSUANT TO THE20
PROVISIONS OF THIS ARTICLE, THE ATTORNEY GENERAL MAY ACCEPT , IN21
LIEU THEREOF OR AS A PART THEREOF , AN ASSURANCE OF22
DISCONTINUANCE OF ANY PRACTICE THAT CONSTITUTES A VIOLATION OF23
ANY OF THE PROVISIONS THAT ARE LISTED IN SECTION 24-31-101 (1)(i)(IX)24
TO (1)(i)(XIV). ANY SUCH ASSURANCE OF DISCONTINUANCE MAY INCLUDE25
A STIPULATION FOR THE VOLUNTARY PAYMENT BY THE ALLEGED26
VIOLATOR OF THE COSTS OF INVESTIGATION AND THE COSTS OF ANY27
1082
-9- ACTION OR PROCEEDING BY THE ATTORNEY GENERAL OR A DISTRICT1
ATTORNEY AND ANY AMOUNT NECESSARY TO RESTORE TO ANY PERSON2
ANY MONEY OR PROPERTY THAT MAY HAVE BEEN ACQUIRED BY THE3
ALLEGED VIOLATOR BY MEANS OF A VIOLATION OF ANY OF THE4
PROVISIONS THAT ARE LISTED IN SECTION 24-31-101 (1)(i)(IX) TO5
(1)(i)(XIV). A
NY SUCH ASSURANCE OR DISCONTINUANCE ACCEPTED BY
6
THE ATTORNEY GENERAL AND ANY SUCH STIPULATION FILED WITH THE7
COURT AS A PART OF ANY SUCH ACTION OR PROCEEDING IS A MATTER OF8
PUBLIC RECORD UNLESS THE ATTORNEY GENERAL DETERMINES , IN THE9
ATTORNEY GENERAL 'S SOLE DISCRETION, THAT THE ASSURANCE OF10
DISCONTINUANCE AND ANY STIPULATION ARE CONFIDENTIAL TO THE11
PARTIES TO THE ACTION OR PROCEEDING AND TO THE COURT AND ITS12
EMPLOYEES. UPON THE FILING OF A CIVIL ACTION BY THE ATTORNEY13
GENERAL ALLEGING THAT A CONFIDENTIAL ASSURANCE OF14
DISCONTINUANCE OR STIPULATION ACCEPTED PURSUANT TO THIS15
SUBSECTION (8)(b) HAS BEEN VIOLATED , THE ASSURANCE OF16
DISCONTINUANCE OR STIPULATION IS DEEMED A PUBLIC RECORD AND OPEN17
TO INSPECTION BY ANY PERSON . PROOF BY A PREPONDERANCE OF THE18
EVIDENCE OF A VIOLATION OF ANY SUCH ASSURANCE OR STIPULATION19
CONSTITUTES PRIMA FACIE EVIDENCE OF A DECEPTIVE TRADE PRACTICE20
FOR THE PURPOSES OF ANY CIVIL ACTION OR PROCEEDING BROUGHT21
THEREAFTER BY THE ATTORNEY GENERAL , WHETHER A NEW ACTION OR A22
SUBSEQUENT MOTION OR PETITION IN ANY PENDING ACTION OR23
PROCEEDING.24
(9) Penalties. I
N ORDER TO ENFORCE THE PROVISIONS OF THIS
25
ARTICLE 31, IN ADDITION TO ANY PENALTIES STATED IN THIS ARTICLE 31,26
THE ATTORNEY GENERAL MAY SEEK ANY OF THE PENALTIES OR OTHER27
1082
-10- ENFORCEMENT MECHANISMS SPECIFIED IN THE "IMMIGRANT TENANT1
P
ROTECTION ACT", PART 12 OF ARTICLE 12 OF TITLE 38; THE "MOBILE
2
H
OME PARK ACT", PART 2 OF ARTICLE 12 OF TITLE 38; THE "MOBILE
3
H
OME PARK ACT DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM",
4
PART 11 OF ARTICLE 12 OF TITLE 38; PART 1 OF ARTICLE 12 OF TITLE 38;5
PART 7 OF ARTICLE 12 OF TITLE 38; AND SECTION 38-12-904 (1)(b), ALONG6
WITH COSTS TO ENFORCE THESE PROVISIONS .7
(10) Limitations. A
LL ACTIONS BROUGHT UNDER THIS ARTICLE 31
8
MUST BE COMMENCED WITHIN THREE YEARS AFTER THE DATE ON WHICH9
A VIOLATION OCCURRED OR THE DATE ON WHICH THE LAST IN A SERIES OF10
SUCH ACTS OR PRACTICES OCCURRED OR WITHIN THREE YEARS AFTER THE11
CONSUMER DISCOVERED OR IN THE EXERCISE OF REASONABLE DILIGENCE12
SHOULD HAVE DISCOVERED THE VIOLATION . THE PERIOD OF LIMITATION13
PROVIDED IN THIS SECTION MAY BE EXTENDED FOR A PERIOD OF ONE YEAR14
IF THE ATTORNEY GENERAL PROVES THAT FAILURE TO TIMELY COMMENCE15
THE ACTION WAS CAUSED BY THE DEFENDANT ENGAGING IN CONDUCT16
CALCULATED TO INDUCE THE ATTORNEY GENERAL TO REFRAIN FROM OR17
POSTPONE THE COMMENCEMENT OF THE ACTION .18
SECTION 5. Act subject to petition - effective date. This act19
takes effect at 12:01 a.m. on the day following the expiration of the20
ninety-day period after final adjournment of the general assembly; except21
that, if a referendum petition is filed pursuant to section 1 (3) of article V22
of the state constitution against this act or an item, section, or part of this23
act within such period, then the act, item, section, or part will not take24
effect unless approved by the people at the general election to be held in25
November 2022 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
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-11-