HOUSE BILL 22-1082
BY REPRESENTATIVE(S) Hooton and Bacon, Benavidez, Bernett, Bird,
Boesenecker, Cutter, Daugherty, Duran, Exum, Froelich,
Gonzales-Gutierrez, Gray, Herod, Kipp, Lindsay, Lontine, McCluskie,
Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota, Snyder, Sullivan, Titone,
Valdez A., Valdez D., Weissman, Woodrow, Garnett, Amabile,
McCormick;
also SENATOR(S) Gonzales, Buckner, Fields, Jaquez Lewis, Lee, Moreno,
Story, Winter.
C
ONCERNING THE ENFORCEMENT OF STATE HOUSING LAWS BY THE
DEPARTMENT OF LAW
, AND, IN CONNECTION THEREWITH ,
ESTABLISHING A FAIR HOUSING UNIT WITHIN THE DEPARTMENT OF
LAW
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds, declares, and determines that:
(a) According to the report issued by the affordable housing
transformational task force released in January 2022, an estimated 315,000
households in Colorado spend more than fifty percent of their income on
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. housing costs. The report also found that there are 162,557 households in
the state that are considered to be extremely low income, but only 48,767
housing units that are affordable and available to these families.
(b) There is fewer than one legal aid attorney available for every
30,000 Coloradans experiencing poverty;
(c) This lack of legal assistance leaves Coloradans vulnerable to
abuses as they struggle to find stable and affordable housing;
(d) Even when a Coloradan is able to obtain relief, such
individualized relief often does not lead to systemic change or assist another
person similarly situated; and
(e) Without safe and stable housing, Coloradans struggle to maintain
employment, education outcomes suffer, and community support is lost.
(2) By empowering the Colorado attorney general to enforce critical
housing laws, the attorney general will be able to provide systematic
protections for residents and provide system-wide support for residents and
businesses.
SECTION 2. In Colorado Revised Statutes, 24-31-101, amend
(1)(i) as follows:
24-31-101. Powers and duties of attorney general. (1) The
attorney general:
(i) May bring civil and criminal actions to enforce state laws,
including actions brought pursuant to:
(I) The "Colorado Antitrust Act of 1992" in article 4 of title 6;
(II) The "Colorado Consumer Protection Act" in article 1 of title 6;
(III) The "Unfair Practices Act" in article 2 of title 6;
(IV) Article 12 of title 6; and sections 6-1-110, 11-51-603.5,
24-34-505.5, and 25.5-4-306;
PAGE 2-HOUSE BILL 22-1082 (V) SECTION 6-1-110;
(VI) S
ECTION 11-51-603.5;
(VII) S
ECTION 24-34-505.5;
(VIII) S
ECTION 25.5-4-306;
(IX) T
HE "IMMIGRANT TENANT PROTECTION ACT" IN PART 12 OF
ARTICLE
12 OF TITLE 38;
(X) T
HE "MOBILE HOME PARK ACT" IN PART 2 OF ARTICLE 12 OF
TITLE
38;
(XI) T
HE "MOBILE HOME PARK ACT DISPUTE RESOLUTION AND
ENFORCEMENT PROGRAM" IN PART 11 OF ARTICLE 12 OF TITLE 38;
(XII) P
ART 1 OF ARTICLE 12 OF TITLE 38;
(XIII) P
ART 7 OF ARTICLE 12 OF TITLE 38; AND
(XIV) SECTION 38-12-904 (1)(b).
SECTION 3. In Colorado Revised Statutes, 24-31-102, amend
(1)(h) and (1)(i); and add (1)(k) as follows:
24-31-102. Offices, boards, and divisions. (1) The department of
law, the chief executive officer of which is the attorney general, includes
the following:
(h) The financial empowerment office, created in part 11 of this
article 31; and
(i) Notwithstanding section 24-1-107, any other division, office, or
unit established by the attorney general or by law. THE FAIR HOUSING UNIT;
AND
(k) NOTWITHSTANDING SECTION 24-1-107, ANY OTHER DIVISION,
OFFICE, OR UNIT ESTABLISHED BY THE ATTORNEY GENERAL OR BY LAW .
PAGE 3-HOUSE BILL 22-1082 SECTION 4. In Colorado Revised Statutes, add 24-31-115 as
follows:
24-31-115. Housing unit - powers of attorney general or district
attorney - subpoenas - document production - remedies - injunctive
relief - penalties. (1) W
HEN THERE IS REASON TO BELIEVE THAT THERE IS
A POTENTIAL VIOLATION OF LAW THAT RISKS HARM TO A CONSUMER
, PUBLIC
HEALTH
, OR PUBLIC SAFETY, THAT IS BASED ON A SUBSTANTIATED
COMPLAINT
, THE ATTORNEY GENERAL MAY INVESTIGATE ANY PERSON OR
ORGANIZATION SUBJECT TO THIS ARTICLE
31. A COMPLAINT IS NOT
NECESSARY IF THE INFORMATION IS PROVIDED BY AN AGENCY OF THE
FEDERAL
, STATE, OR A LOCAL GOVERNMENT THAT REGULATES OR PROVIDES
PROTECTIONS FOR CONSUMERS
, TENANTS, AND MOBILE HOME RESIDENTS .
T
HE ATTORNEY GENERAL MAY DIRECT OR SUBPOENA ANY PERSON WHOSE
TESTIMONY MAY BE REQUIRED ABOUT POTENTIAL VIOLATIONS OF LAW AND
MAY DIRECT OR SUBPOENA THE PERSON TO PRODUCE RECORDS THE
ATTORNEY GENERAL CONSIDERS RELEVANT TO THE INQUIRY
. NOTHING IN
THIS SECTION LIMITS THE SCOPE OF THE ATTORNEY GENERAL
'S AUTHORITY
TO REVIEW AND INVESTIGATE POTENTIAL VIOLATIONS OF LAW OR HARM
DISCOVERED IN THE COURSE OF AN INVESTIGATION
.
(2) N
OTHING IN THIS SECTION IMPACTS OR AFFECTS BANKING
EXAMINATIONS AND REGULATIONS PROMULGATED BY PRIMARY FEDERAL
AND STATE BANKING AUTHORITIES
, NOTWITHSTANDING THE AUTHORITY
THAT MAY BE EXERCISED BY THE ATTORNEY GENERAL UNDER SECTION
11-51-603.5.
(3) Venue for actions. U
NTIL THE COLORADO SUPREME COURT
ADOPTS A VENUE PROVISION RELATING TO THIS ARTICLE
31, ACTIONS
INSTITUTED PURSUANT TO THIS ARTICLE
31 MAY BE BROUGHT IN ANY
COUNTY IN WHICH
:
(a) A
N ALLEGED VIOLATION OCCURRED OR IN WHICH ANY PORTION
OF A TRANSACTION INVOLVING AN ALLEGED VIOLATION OCCURRED
;
(b) T
HE PRINCIPAL PLACE OF BUSINESS OF ANY DEFENDANT IS
LOCATED
; OR
(c) ANY DEFENDANT RESIDES.
PAGE 4-HOUSE BILL 22-1082 (4) Powers. (a) W HEN THE ATTORNEY GENERAL HAS REASONABLE
CAUSE TO BELIEVE THAT ANY PERSON
, WHETHER IN THIS STATE OR
ELSEWHERE
, HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF ANY OF
THE PROVISIONS LISTED IN SECTION
24-31-101 (1)(i)(IX) TO (1)(i)(XIV),
THE ATTORNEY GENERAL MAY :
(I) R
EQUEST THE PERSON TO FILE A STATEMENT OR A REPORT IN
WRITING
, UNDER OATH OR OTHERWISE , ON FORMS PRESCRIBED BY THE
ATTORNEY GENERAL
, WITH RESPECT TO ALL FACTS AND CIRCUMSTANCES
CONCERNING THE ADVERTISEMENT OF PROPERTY BY THE PERSON AND ANY
OTHER DATA AND INFORMATION THE ATTORNEY GENERAL DEEMS
NECESSARY
;
(II) E
XAMINE UNDER OATH ANY PERSON IN CONNECTION WITH THE
SALE OR ADVERTISEMENT OF ANY PROPERTY
;
(III) E
XAMINE ANY PROPERTY OR SAMPLE THEREOF , RECORD, BOOK,
DOCUMENT, ACCOUNT, OR PAPER THE ATTORNEY GENERAL DEEMS
NECESSARY
; AND
(IV) MAKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY
GENERAL
, OF ANY RECORD , BOOK, DOCUMENT, ACCOUNT, OR PAPER
EXAMINED PURSUANT TO SUBSECTION
(4)(c) OF THIS SECTION, WHICH COPIES
MAY BE OFFERED INTO EVIDENCE IN LIEU OF PRODUCING THE ORIGINALS IN
ANY ACTIONS BROUGHT BY THE ATTORNEY GENERAL
.
(b) F
OR PURPOSES OF THIS SECTION, "REASONABLE CAUSE" IS BASED
UPON A COMPLAINT CONCERNING A POTENTIAL VIOLATION OF THE LAW
WHEN THE ATTORNEY GENERAL BELIEVES THE ALLEGED VIOLATION MAY
AFFECT MORE THAN ONE PERSON OR BE PART OF A SERIES OF RELATED
VIOLATIONS AFFECTING MULTIPLE PERSONS
.
(c) A
NY REQUEST FOR PERSONALLY IDENTIFIABLE INFORMATION
MADE PURSUANT TO THIS SUBSECTION
(4) IS SUBJECT TO THE REQUIREMENTS
OF SUBSECTION
(5) OF THIS SECTION.
(5) Subpoenas - production of documents. (a) W
HEN THE
ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON
,
WHETHER IN THIS STATE OR ELSEWHERE , HAS ENGAGED IN OR IS ENGAGING
IN A VIOLATION OF ANY OF THE PROVISIONS LISTED IN SECTION
24-31-101
PAGE 5-HOUSE BILL 22-1082 (1)(i)(IX) TO (1)(i)(XIV), THE ATTORNEY GENERAL , IN ADDITION TO ANY
OTHER POWERS CONFERRED UPON THE ATTORNEY GENERAL BY THIS ARTICLE
31, MAY ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF WITNESSES OR
THE PRODUCTION OF DOCUMENTS
, ADMINISTER OATHS, CONDUCT HEARINGS
IN AID OF ANY INVESTIGATION OR INQUIRY
, AND PRESCRIBE SUCH FORMS AND
PROMULGATE SUCH RULES AS MAY BE NECESSARY TO ADMINISTER THE
PROVISIONS OF THIS ARTICLE
31.
(b) S
ERVICE OF ANY NOTICE OR SUBPOENA MUST BE MADE IN THE
MANNER PRESCRIBED BY LAW OR AS PROVIDED IN RULE
4 OF THE COLORADO
RULES OF CIVIL PROCEDURE
.
(c) I
F THE RECORDS OF A PERSON WHO HAS BEEN ISSUED A SUBPOENA
ARE LOCATED OUTSIDE THIS STATE
, THE PERSON SHALL EITHER:
(I) M
AKE THEM AVAILABLE TO THE ATTORNEY GENERAL AT A
CONVENIENT LOCATION WITHIN THIS STATE
; OR
(II) PAY THE REASONABLE AND NECESSARY EXPENSES FOR THE
ATTORNEY GENERAL OR DISTRICT ATTORNEY
, OR THE ATTORNEY GENERAL'S
OR DISTRICT ATTORNEY
'S DESIGNEE, TO EXAMINE THE RECORDS AT THE
LOCATION AT WHICH THE DOCUMENTS ARE MAINTAINED
.
(d) T
HE ATTORNEY GENERAL OR DISTRICT ATTORNEY MAY
DESIGNATE REPRESENTATIVES
, INCLUDING COMPARABLE OFFICIALS OF THE
STATE IN WHICH THE RECORDS ARE LOCATED
, TO INSPECT THE RECORDS ON
BEHALF OF THE ATTORNEY GENERAL OR DISTRICT ATTORNEY
.
(6) Inadmissible testimony. (a) A
NY TESTIMONY OBTAINED BY THE
ATTORNEY GENERAL PURSUANT TO COMPULSORY PROCESS UNDER THIS
ARTICLE
31 OR ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM
SUCH TESTIMONY SHALL NOT BE ADMISSIBLE IN EVIDENCE IN ANY CRIMINAL
PROSECUTION AGAINST THE PERSON SO COMPELLED TO TESTIFY
. THIS
SUBSECTION
(6) SHALL NOT BE CONSTRUED TO PREVENT ANY LAW
ENFORCEMENT OFFICER FROM INDEPENDENTLY PRODUCING OR OBTAINING
THE SAME OR SIMILAR FACTS
, INFORMATION, OR EVIDENCE FOR USE IN ANY
CRIMINAL PROSECUTION
.
(b) S
UBJECT TO SUBSECTION (8) OF THIS SECTION, THE RECORDS OF
INVESTIGATIONS OR INTELLIGENCE INFORMATION OF THE ATTORNEY
PAGE 6-HOUSE BILL 22-1082 GENERAL OBTAINED UNDER THIS ARTICLE 31 MAY CONSTITUTE PUBLIC
RECORDS AVAILABLE FOR INSPECTION BY THE PUBLIC AT THE SOLE
DISCRETION OF THE ATTORNEY GENERAL
. THIS SUBSECTION (6)(b) SHALL
NOT BE CONSTRUED TO PREVENT THE ATTORNEY GENERAL FROM ISSUING
PUBLIC STATEMENTS DESCRIBING OR WARNING OF ANY COURSE OF CONDUCT
OR ANY CONSPIRACY THAT CONSTITUTES A VIOLATION OF ANY OF THE
PROVISIONS LISTED IN SECTION
24-31-101 (1)(i)(IX) TO (1)(i)(XIV),
WHETHER ON A LOCAL, STATEWIDE, REGIONAL, OR NATIONWIDE BASIS.
(7) Remedies. I
F ANY PERSON FAILS TO COOPERATE WITH ANY
INVESTIGATION PURSUANT TO THIS ARTICLE
31 OR FAILS TO OBEY ANY
SUBPOENA PURSUANT TO THIS ARTICLE
31, THE ATTORNEY GENERAL MAY
APPLY TO THE APPLICABLE DISTRICT COURT FOR AN APPROPRIATE ORDER TO
EFFECT THE PURPOSES OF THIS ARTICLE
. THE APPLICATION MUST STATE THAT
THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE ORDER APPLIED
FOR IS NECESSARY TO INVESTIGATE A VIOLATION OF THIS ARTICLE
31. IF THE
COURT IS SATISFIED THAT REASONABLE GROUNDS EXIST
, THE COURT IN ITS
ORDER MAY
:
(a) G
RANT INJUNCTIVE RELIEF RESTRAINING THE ADVERTISEMENT OF
ANY PROPERTY BY SUCH PERSON
;
(b) R
EQUIRE THE ATTENDANCE OF OR THE PRODUCTION OF
DOCUMENTS BY SUCH PERSON
, OR BOTH; OR
(c) GRANT SUCH OTHER OR FURTHER RELIEF AS MAY BE NECESSARY
TO OBTAIN COMPLIANCE BY SUCH PERSON
.
(8) Injunctive authority - assurances of discontinuance.
(a) W
HENEVER THE ATTORNEY GENERAL HAS CAUSE TO BELIEVE THAT A
PERSON HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF ANY OF THE
PROVISIONS LISTED IN SECTION
24-31-101 (1)(i)(IX) TO (1)(i)(XIV), THE
ATTORNEY GENERAL MAY APPLY FOR AND OBTAIN
, IN AN ACTION IN THE
APPROPRIATE DISTRICT COURT OF THIS STATE
, A TEMPORARY RESTRAINING
ORDER OR INJUNCTION
, OR BOTH, PURSUANT TO THE COLORADO RULES OF
CIVIL PROCEDURE
, PROHIBITING THE PERSON FROM CONTINUING OR
ENGAGING IN SUCH PRACTICES
, OR DOING ANY ACT IN FURTHERANCE OF
SUCH PRACTICES
. THE COURT MAY MAKE SUCH ORDERS OR JUDGMENTS AS
IS NECESSARY TO
:
PAGE 7-HOUSE BILL 22-1082 (I) PREVENT THE USE OR EMPLOYMENT BY SUCH PERSON OF ANY
SUCH PRACTICES
;
(II) C
OMPLETELY COMPENSATE OR RESTORE THE ORIGINAL POSITION
OF ANY PERSON INJURED BY MEANS OF ANY SUCH PRACTICE
; OR
(III) PREVENT ANY UNJUST ENRICHMENT BY ANY PERSON THROUGH
THE USE OR EMPLOYMENT OF ANY PRACTICE THAT IS IN VIOLATION OF ANY
OF THE PROVISIONS LISTED IN SECTION
24-31-101 (1)(i)(IX) TO (1)(i)(XIV).
(b) W
HERE THE ATTORNEY GENERAL HAS AUTHORITY TO INSTITUTE
A CIVIL ACTION OR OTHER PROCEEDING PURSUANT TO THE PROVISIONS OF
THIS ARTICLE
, THE ATTORNEY GENERAL MAY ACCEPT , IN LIEU THEREOF OR
AS A PART THEREOF
, AN ASSURANCE OF DISCONTINUANCE OF ANY PRACTICE
THAT CONSTITUTES A VIOLATION OF ANY OF THE PROVISIONS THAT ARE
LISTED IN SECTION
24-31-101 (1)(i)(IX) TO (1)(i)(XIV). ANY SUCH
ASSURANCE OF DISCONTINUANCE MAY INCLUDE A STIPULATION FOR THE
VOLUNTARY PAYMENT BY THE ALLEGED VIOLATOR OF THE COSTS OF
INVESTIGATION AND THE COSTS OF ANY ACTION OR PROCEEDING BY THE
ATTORNEY GENERAL OR A DISTRICT ATTORNEY AND ANY AMOUNT
NECESSARY TO RESTORE TO ANY PERSON ANY MONEY OR PROPERTY THAT
MAY HAVE BEEN ACQUIRED BY THE ALLEGED VIOLATOR BY MEANS OF A
VIOLATION OF ANY OF THE PROVISIONS THAT ARE LISTED IN SECTION
24-31-101 (1)(i)(IX) TO (1)(i)(XIV). ANY SUCH ASSURANCE OR
DISCONTINUANCE ACCEPTED BY THE ATTORNEY GENERAL AND ANY SUCH
STIPULATION FILED WITH THE COURT AS A PART OF ANY SUCH ACTION OR
PROCEEDING IS A MATTER OF PUBLIC RECORD UNLESS THE ATTORNEY
GENERAL DETERMINES
, IN THE ATTORNEY GENERAL 'S SOLE DISCRETION,
THAT THE ASSURANCE OF DISCONTINUANCE AND ANY STIPULATION ARE
CONFIDENTIAL TO THE PARTIES TO THE ACTION OR PROCEEDING AND TO THE
COURT AND ITS EMPLOYEES
. UPON THE FILING OF A CIVIL ACTION BY THE
ATTORNEY GENERAL ALLEGING THAT A CONFIDENTIAL ASSURANCE OF
DISCONTINUANCE OR STIPULATION ACCEPTED PURS UANT TO THIS
SUBSECTION
(8)(b) HAS BEEN VIOLATED , THE ASSURANCE OF
DISCONTINUANCE OR STIPULATION IS DEEMED A PUBLIC RECORD AND OPEN
TO INSPECTION BY ANY PERSON
. PROOF BY A PREPONDERANCE OF THE
EVIDENCE OF A VIOLATION OF ANY SUCH ASSURANCE OR STIPULATION
CONSTITUTES PRIMA FACIE EVIDENCE OF A DECEPTIVE TRADE PRACTICE FOR
THE PURPOSES OF ANY CIVIL ACTION OR PROCEEDING BROUGHT THEREAFTER
BY THE ATTORNEY GENERAL
, WHETHER A NEW ACTION OR A SUBSEQUENT
PAGE 8-HOUSE BILL 22-1082 MOTION OR PETITION IN ANY PENDING ACTION OR PROCEEDING .
(9) Penalties. I
N ORDER TO ENFORCE THE PROVISIONS OF THIS
ARTICLE
31, IN ADDITION TO ANY PENALTIES STATED IN THIS ARTICLE 31, THE
ATTORNEY GENERAL MAY SEEK ANY OF THE PENALTIES OR OTHER
ENFORCEMENT MECHANISMS SPECIFIED IN THE
"IMMIGRANT TENANT
PROTECTION ACT", PART 12 OF ARTICLE 12 OF TITLE 38; THE "MOBILE HOME
PARK ACT", PART 2 OF ARTICLE 12 OF TITLE 38; THE "MOBILE HOME PARK
ACT DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM", PART 11 OF
ARTICLE
12 OF TITLE 38; PART 1 OF ARTICLE 12 OF TITLE 38; PART 7 OF
ARTICLE
12 OF TITLE 38; AND SECTION 38-12-904 (1)(b), ALONG WITH COSTS
TO ENFORCE THESE PROVISIONS
.
(10) Limitations. A
LL ACTIONS BROUGHT UNDER THIS ARTICLE 31
MUST BE COMMENCED WITHIN THREE YEARS AFTER THE DATE ON WHICH A
VIOLATION OCCURRED OR THE DATE ON WHICH THE LAST IN A SERIES OF
SUCH ACTS OR PRACTICES OCCURRED OR WITHIN THREE YEARS AFTER THE
CONSUMER DISCOVERED OR IN THE EXERCISE OF REASONABLE DILIGENCE
SHOULD HAVE DISCOVERED THE VIOLATION
. THE PERIOD OF LIMITATION
PROVIDED IN THIS SECTION MAY BE EXTENDED FOR A PERIOD OF ONE YEAR
IF THE ATTORNEY GENERAL PROVES THAT FAILURE TO TIMELY COMMENCE
THE ACTION WAS CAUSED BY THE DEFENDANT ENGAGING IN CONDUCT
CALCULATED TO INDUCE THE ATTORNEY GENERAL TO REFRAIN FROM OR
POSTPONE THE COMMENCEMENT OF THE ACTION
.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 9-HOUSE BILL 22-1082 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 10-HOUSE BILL 22-1082