First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0541.01 Shelby Ross x4510
HOUSE BILL 23-1120
House Committees Senate Committees
Judiciary Local Government & Housing
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING EVICTION PROTECTI ONS FOR RESIDENTIAL TENANTS101
WHO RECEIVE PUBLIC
ASSISTANCE, AND, IN CONNECTION102
THEREWITH, MAKING AN APPROPRIATION .103
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 requires a landlord and residential tenant to participate in
mandatory mediation prior to commencing an eviction action if the
residential tenant receives supplemental security income, federal social
security disability insurance, or cash assistance through the Colorado
works program (collectively, "cash assistance"). The landlord and
SENATE
Amended 2nd Reading
May 5, 2023
HOUSE
3rd Reading Unamended
April 13, 2023
HOUSE
Amended 2nd Reading
April 12, 2023
HOUSE SPONSORSHIP
Joseph and Ortiz, Garcia, Lieder, Velasco, Amabile, Bacon, Boesenecker, Brown, deGruy
Kennedy, Dickson, English, Epps, Gonzales-Gutierrez, Herod, Jodeh, Lindsay, Mabrey,
Parenti, Ricks, Sirota, Story, Titone, Vigil, Weissman, Willford
SENATE SPONSORSHIP
Fields and Winter F.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. residential tenant do not have to participate in mediation if the residential
tenant did not disclose or declined to disclose in writing to the landlord
that the residential tenant receives cash assistance. Failure to comply with
mandatory mediation is an affirmative defense.
The bill prohibits a law enforcement officer from executing a writ
of restitution against a residential tenant for at least 30 days after the entry
of judgment if the residential tenant receives cash assistance.
The bill requires a written rental agreement to include a statement
that a residential tenant who receives cash assistance has a right to
mediation prior to the landlord filing an eviction complaint with the court.
The bill prohibits a written rental agreement from including a
waiver of mandatory mediation.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) There is a wide disparity in access to legal representation4
between landlords and people experiencing eviction in Colorado. A 20215
study found that renters are represented by legal counsel in only one6
percent of eviction cases, while landlords are represented in 77 percent7
of cases.8
(b) This disparity in access to legal representation creates an9
imbalance in power during eviction proceedings;10
(c) Prelitigation mediation helps to restore the balance of power11
during eviction proceedings by facilitating communication between12
renters and landlords in a neutral setting. Skilled, neutral mediators can13
help guide the parties to find a reasonable and long-lasting alternative to14
eviction.15
(d) Colorado is experiencing a housing shortage. A 2022 report16
from the general assembly's affordable housing and transformational task17
force found that the state needs an additional 325,000 rental units to meet18
current demand.19
1120-2- (e) People with disabilities face an additional barrier to finding1
housing that meets their accessibility requirements;2
(f) People who receive cash assistance face an additional barrier3
to finding housing that is affordable on a fixed income; and4
(g) Extending the period of time before law enforcement can5
execute a writ of restitution gives a renter with disabilities or a renter who6
receives cash assistance more time to find new housing and improves the7
renter's likelihood of remaining housed.8
(2) The general assembly further finds that:9
(a) Evictions threaten existing affordable housing by creating10
additional burdens for independent property owners, including legal fees,11
unpaid rent and utility fees, additional vacancies, and resident turnover;12
and13
(b) Reducing evictions and preventing people from becoming14
homeless saves taxpayers money by reducing public spending on court15
costs, emergency shelter, medical care, foster care, and juvenile16
delinquency.17
(3) Therefore, the general assembly declares it is necessary to18
avoid eviction proceedings and provide additional protections for people19
with disabilities and people who receive cash assistance who are20
experiencing an eviction.21
SECTION 2. In Colorado Revised Statutes, 13-40-110, amend22
(1); and add (3) as follows:23
13-40-110. Action - how commenced - report. (1) (a) An action24
under this article ARTICLE 40 is commenced by filing with the court a25
complaint in writing describing the property with reasonable certainty, the26
grounds for the recovery thereof, the name of the person in possession or27
1120
-3- occupancy, and a prayer for recovery of possession, AND A SIGNED1
AFFIDAVIT THAT STATES:2
(I) T
HE RESIDENTIAL TENANT RECEIVES SUPPLEMENTAL SECURITY3
INCOME, SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE4
FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS5
AMENDED, OR CASH ASSISTANCE THROUGH THE COLORADO WORKS6
PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26, AND THE7
COMPLAINANT AND RESIDENTIAL TENANT PARTICIPATED IN MANDATORY8
MEDIATION AND THE MEDIATION WAS UNSUCCESSFUL ;
9
(II) T
HE COMPLAINANT AND RESIDENTIAL TENANT DID NOT10
PARTICIPATE IN MANDATORY MEDIATION BECAUSE THE RESIDENTIAL11
TENANT:12
(A)
DID NOT DISCLOSE OR DECLINED TO DISCLOSE IN WRITING IN13
RESPONSE TO A WRITTEN INQUIRY FROM THE COMPLAINANT THAT THE14
RESIDENTIAL TENANT RECEIVES SUPPLEMENTAL SECURITY INCOME , SOCIAL15
SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE FEDERAL16
"S
OCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR17
CASH ASSISTANCE THROUGH THE COLORADO WORKS PROGRAM CREATED18
IN PART 7 OF ARTICLE 2 OF TITLE 26; OR19
(B)
DOES NOT RECEIVE SUPPLEMENTAL SECURITY INCOME , SOCIAL20
SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE FEDERAL21
"S
OCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR22
CASH ASSISTANCE THROUGH THE COLORADO WORKS PROGRAM CREATED23
IN PART 7 OF ARTICLE 2 OF TITLE
26; OR24
(III) THE COMPLAINANT AND RESIDENTIAL TENANT DID NOT25
PARTICIPATE IN MANDATORY MEDIATION BECAUSE THE COMPLAINANT IS:26
(A) A 501(c)(3) NONPROFIT ORGANIZATION THAT OFFERS27
1120
-4- OPPORTUNITIES FOR MEDIATION TO RESIDENTIAL TENANTS PRIOR TO FILING1
A RESIDENTIAL EVICTION IN COURT; OR2
(B) A LANDLORD WITH FIVE OR FEWER SINGLE-FAMILY RENTAL3
HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS , INCLUDING ANY4
SINGLE-FAMILY HOMES.5
(b) M
ANDATORY MEDIATION MUST BE CONDUCTED BY A TRAINED6
NEUTRAL THIRD
PARTY AND BE PROVIDED AT NO COST TO THE7
RESIDENTIAL TENANT. THE LANDLORD IS ONLY REQUIRED TO PAY FOR THE8
LANDLORD'S PORTION OF THE MANDATORY MEDIATION . THE9
COMPLAINANT AND RESIDENTIAL TENANT MAY HAVE LEGAL10
REPRESENTATION PRESENT DURING THE MANDATORY MEDIATION . A11
RESIDENTIAL TENANT MAY VOLUNTARILY WAIVE THE TENANT 'S RIGHT TO12
MANDATORY MEDIATION , BUT A WAIVER MUST NOT BE IN ANY LEASE13
AGREEMENT OR OTHER AGREEMENT BETWEEN THE COMPLAINANT AND14
RESIDENTIAL TENANT PURSUANT TO SECTION 38-12-801.15
(c) THE OFFICE OF DISPUTE RESOLUTION, CREATED IN SECTION16
13-22-303, SHALL SCHEDULE THE MANDATORY MEDIATION AT THE FIRST17
AVAILABLE DATE, BUT NO LATER THAN FOURTEEN CALENDAR DAYS AFTER18
THE LANDLORD REQUESTS THE MEDIATION .19
(d) FAILURE TO COMPLY WITH THE MANDATORY MEDIATION20
REQUIREMENTS OUTLINED IN THIS SUBSECTION (1) IS AN AFFIRMATIVE21
DEFENSE. IF THE AFFIRMATIVE DEFENSE IS RAISED AND THE COMPLAINANT22
CANNOT DEMONSTRATE THAT THE REQUIREMENTS WERE MET , THE COURT23
SHALL DISMISS THE CASE WITHOUT PREJUDICE AND A NEW COMPLAINT24
MUST BE FILED.25
(e) The complaint may also set forth the amount of rent due, the26
rate at which it is accruing, the amount of damages due, and the rate at27
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-5- which they are accruing and may include a prayer for rent due or to1
become due, present and future damages, costs, and any other relief to2
which plaintiff is entitled.3
(3) B
EGINNING JANUARY, 2024, THE JUDICIAL DEPARTMENT SHALL
4
REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND5
THE SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES ,6
DURING THE JUDICIAL DEPARTMENT'S "SMART ACT" HEARING THE TOTAL7
NUMBER OF MEDIATIONS SCHEDULED BY THE OFFICE OF DISPUTE8
RESOLUTION PURSUANT TO THIS SECTION , THE OUTCOMES OF THE9
MEDIATIONS, AND THE COST OF THE MEDIATIONS FOR THE PREVIOUS10
FISCAL YEAR.11
SECTION 3. In Colorado Revised Statutes, 13-40-122, amend12
(1) as follows:13
13-40-122. Writ of restitution after judgment. (1) (a) A court14
shall not issue a writ of restitution upon any judgment entered in any15
action pursuant to this article 40 until forty-eight hours after the time of16
the entry of the judgment. I
F THE WRIT OF RESTITUTION CONCERNS A17
RESIDENTIAL TENANT WHO RECEIVES SUPPLEMENTAL SECURITY INCOME ,18
SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE FEDERAL19
"S
OCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR20
CASH ASSISTANCE THROUGH THE COLORADO WORKS PROGRAM CREATED21
IN PART 7 OF ARTICLE 2 OF TITLE 26, THE WRIT MUST SPECIFY THAT THE22
WRIT IS NOT EXECUTABLE FOR THIRTY DAYS AFTER ENTRY OF JUDGMENT23
PURSUANT TO SUBSECTION (1)(b) OF THIS
SECTION; EXCEPT IN THE CASE:24
(I) IN WHICH A COURT HAS ORDERED A JUDGMENT FOR POSSESSION25
FOR A SUBSTANTIAL VIOLATION PURSUANT TO SECTION 13-40-107.5; OR 26
(II) OF A LANDLORD WITH FIVE OR FEWER SINGLE FAMILY RENTAL27
1120
-6- HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS INCLUDING ANY1
SINGLE FAMILY HOMES.2
(b) A writ of restitution shall MUST be executed by the officer3
having the same only in the daytime and between sunrise and sunset, and4
the officer shall not execute a writ of restitution concerning a residential5
tenancy until at least ten days after entry of the judgment;
EXCEPT THAT6
THE OFFICER SHALL NOT EXECUTE A WRIT OF RESTITUTION CONCERNING7
A RESIDENTIAL TENANCY UNTIL AT LEAST THIRTY DAYS AFTER ENTRY OF8
JUDGMENT IF THE RESIDENTIAL TENANT RECEIVES SUPPLEMENTAL9
SECURITY INCOME, SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE10
II
OF THE FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ.,11
AS AMENDED, OR CASH ASSISTANCE THROUGH THE COLORADO WORKS12
PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26, AS SPECIFIED IN13
THE WRIT; EXCEPT IN THE CASE:14
(I) IN WHICH A COURT HAS ORDERED A JUDGMENT FOR POSSESSION15
FOR A SUBSTANTIAL VIOLATION PURSUANT TO SECTION 13-40-107.5; OR 16
(II) OF A LANDLORD WITH FIVE OR FEWER SINGLE FAMILY RENTAL17
HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS INCLUDING ANY18
SINGLE FAMILY HOMES.19
(c) Any writ of restitution governed by this section may be20
executed by the county sheriff's office in which the property is located by21
a sheriff, undersheriff, or deputy sheriff, as described in section22
16-2.5-103 (1) or (2), while off duty or on duty at rates charged by the23
employing sheriff's office in accordance with section 30-1-104 (1)(gg).24
SECTION 4. In Colorado Revised Statutes, amend 13-40-106 as25
follows:26
13-40-106. Written demand. (1) The demand required by27
1120
-7- section 13-40-104 shall be made in writing, specifying the grounds of the1
demandant's right to the possession of such premises, describing the2
same, and the time when the same shall be delivered up, and shall be3
signed by the person claiming such possession, his agent, or his attorney.4
(2) THE DEMAND MUST ALSO INCLUDE A STATEMENT THAT A5
RESIDENTIAL TENANT WHO RECEIVES SUPPLEMENTAL SECURITY INCOME,6
SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE FEDERAL7
"SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR8
CASH ASSISTANCE THROUGH THE COLORADO WORKS PROGRAM CREATED9
IN PART 7 OF ARTICLE 2 OF TITLE 26 HAS A RIGHT TO MEDIATION PRIOR TO10
THE LANDLORD FILING AN EVICTION COMPLAINT WITH THE COURT11
PURSUANT TO SECTION 13-40-110.12
SECTION 5. In Colorado Revised Statutes, 24-34-502, add (1.8)13
as follows:14
24-34-502. Unfair housing practices prohibited - definitions.15
(1.8) IT IS NOT A VIOLATION OF THIS SECTION FOR A LANDLORD TO ASK A16
RESIDENTIAL TENANT WHETHER THE TENANT RECEIVES SUPPLEMENTAL17
SECURITY INCOME, SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE18
II OF THE FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ.,19
AS AMENDED, OR CASH ASSISTANCE THROUGH THE COLORADO WORKS20
PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26 FOR THE PURPOSES21
OF COMPLYING WITH SECTION 13-40-110 (1).22
SECTION 6. In Colorado Revised Statutes, 38-12-801, amend23
(3); and add (2.5) as follows:24
38-12-801. Written rental agreement - prohibited clauses -25
copy - tenant. (2.5) (a) A WRITTEN RENTAL AGREEMENT MUST INCLUDE26
A STATEMENT THAT SECTION 24-34-502 (1) PROHIBITS SOURCE OF INCOME27
1120
-8- DISCRIMINATION AND REQUIRES A NON-EXEMPT LANDLORD TO ACCEPT1
ANY LAWFUL AND VERIFIABLE SOURCE OF MONEY PAID DIRECTLY ,2
INDIRECTLY, OR ON BEHALF OF A PERSON, INCLUDING INCOME DERIVED3
FROM ANY LAWFUL PROFESSION OR OCCUPATION AND INCOME OR RENTAL4
PAYMENTS DERIVED FROM ANY GOVERNMENT OR PRIVATE ASSISTANCE,5
GRANT, OR LOAN PROGRAM.6
(b) THIS SUBSECTION (2.5) DOES NOT APPLY TO A LANDLORD WITH7
FIVE OR FEWER SINGLE FAMILY RENTAL HOMES AND NO MORE THAN FIVE8
TOTAL RENTAL UNITS INCLUDING ANY SINGLE FAMILY HOMES .9
(3) (a) A written rental agreement must not include:10
(a) (I) An unreasonable liquidated damages clause that assigns a11
cost to a party stemming from an eviction notice or an eviction action12
from a violation of the rental agreement; or13
(b) (II) A one-way, fee-shifting clause that awards attorney fees14
and court costs only to one party. Any fee-shifting clause contained in a15
rental agreement must award attorney fees to the prevailing party in a16
court dispute concerning the rental agreement, residential premises, or17
dwelling unit.18
(III) A
WAIVER OF MANDATORY MEDIATION REQUIRED PURSUANT19
TO SECTION 13-40-110 (1); OR20
(IV) A CLAUSE THAT ALLOWS A LANDLORD TO RECOUP ANY COSTS21
ASSOCIATED WITH MANDATORY MEDIATION REQUIRED PURSUANT TO22
SECTION 13-40-110 (1).23
(c) (b) Any clause in violation of subsection (3)(a) or (3)(b) of this24
section THIS SUBSECTION (3) is null and void and unenforceable.25
SECTION 7. Appropriation. (1) For the 2023-24 state fiscal26
year, $328,026 is appropriated to the judicial department for use by courts27
1120
-9- administration. This appropriation is from the general fund. To implement1
this act, the department may use this appropriation as follows:2
(a) $246,076 for general courts administration, which amount is3
based on an assumption that the department will require an additional 0.64
FTE;5
(b) $75,000 for information technology infrastructure; and6
(c) $6,950 for capital outlay.7
SECTION 8. Safety clause. The general assembly hereby finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety.10
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