Colorado 2023 Regular Session

Colorado House Bill HB1120 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 23-0541.01 Shelby Ross x4510
1	8		HOUSE BILL 23-1120
2		-	BY REPRESENTATIVE(S) Joseph and Ortiz, Garcia, Lieder, Velasco,
3		-	Amabile, Bacon, Boesenecker, Brown, deGruy Kennedy, Dickson, English,
4		-	Epps, Gonzales-Gutierrez, Herod, Jodeh, Lindsay, Mabrey, Parenti, Ricks,
5		-	Sirota, Story, Titone, Vigil, Weissman, Willford, Duran, Froelich, Kipp,
6		-	Martinez, McCormick, Sharbini, Snyder, McCluskie;
7		-	also SENATOR(S) Fields and Winter F., Cutter, Moreno, Priola, Sullivan.
	9	+	House Committees Senate Committees
	10	+	Judiciary Local Government & Housing
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
8	13		C
9		-	ONCERNING EVICTION PROTECTIONS FOR RESIDENTIAL TENANTS WHO
10		-	RECEIVE PUBLIC ASSISTANCE
11		-	, AND, IN CONNECTION THEREWITH ,
12		-	MAKING AN APPROPRIATION.
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. Legislative declaration. (1) The general assembly
15		-	finds that:
16		-	(a) There is a wide disparity in access to legal representation
17		-	between landlords and people experiencing eviction in Colorado. A 2021
18		-	study found that renters are represented by legal counsel in only one percent
19		-	of eviction cases, while landlords are represented in 77 percent of cases.
20		-	(b) This disparity in access to legal representation creates an
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. imbalance in power during eviction proceedings;
29		-	(c) Prelitigation mediation helps to restore the balance of power
30		-	during eviction proceedings by facilitating communication between renters
31		-	and landlords in a neutral setting. Skilled, neutral mediators can help guide
32		-	the parties to find a reasonable and long-lasting alternative to eviction.
33		-	(d) Colorado is experiencing a housing shortage. A 2022 report from
34		-	the general assembly's affordable housing and transformational task force
35		-	found that the state needs an additional 325,000 rental units to meet current
36		-	demand.
37		-	(e) People with disabilities face an additional barrier to finding
38		-	housing that meets their accessibility requirements;
39		-	(f) People who receive cash assistance face an additional barrier to
40		-	finding housing that is affordable on a fixed income; and
41		-	(g) Extending the period of time before law enforcement can
42		-	execute a writ of restitution gives a renter with disabilities or a renter who
43		-	receives cash assistance more time to find new housing and improves the
44		-	renter's likelihood of remaining housed.
45		-	(2) The general assembly further finds that:
46		-	(a) Evictions threaten existing affordable housing by creating
47		-	additional burdens for independent property owners, including legal fees,
48		-	unpaid rent and utility fees, additional vacancies, and resident turnover; and
49		-	(b) Reducing evictions and preventing people from becoming
50		-	homeless saves taxpayers money by reducing public spending on court
51		-	costs, emergency shelter, medical care, foster care, and juvenile
52		-	delinquency.
53		-	(3) Therefore, the general assembly declares it is necessary to avoid
54		-	eviction proceedings and provide additional protections for people with
55		-	disabilities and people who receive cash assistance who are experiencing an
56		-	eviction.
57		-	SECTION 2. In Colorado Revised Statutes, 13-40-110, amend (1);
58		-	PAGE 2-HOUSE BILL 23-1120 and add (4) as follows:
59		-	13-40-110. Action - how commenced - report. (1) (a) An action
60		-	under this article ARTICLE 40 is commenced by filing with the court a
61		-	complaint in writing describing the property with reasonable certainty, the
62		-	grounds for the recovery thereof, the name of the person in possession or
63		-	occupancy, and
64		-	a prayer for recovery of possession, AND A SIGNED
65		-	AFFIDAVIT THAT STATES
66		-	:
	14	+	ONCERNING EVICTION PROTECTI ONS FOR RESIDENTIAL TENANTS101
	15	+	WHO RECEIVE PUBLIC
	16	+	ASSISTANCE, AND, IN CONNECTION102
	17	+	THEREWITH, MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill requires a landlord and residential tenant to participate in
	26	+	mandatory mediation prior to commencing an eviction action if the
	27	+	residential tenant receives supplemental security income, federal social
	28	+	security disability insurance, or cash assistance through the Colorado
	29	+	works program (collectively, "cash assistance"). The landlord and
	30	+	SENATE
	31	+	Amended 2nd Reading
	32	+	May 5, 2023
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	April 13, 2023
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	April 12, 2023
	39	+	HOUSE SPONSORSHIP
	40	+	Joseph and Ortiz, Garcia, Lieder, Velasco, Amabile, Bacon, Boesenecker, Brown, deGruy
	41	+	Kennedy, Dickson, English, Epps, Gonzales-Gutierrez, Herod, Jodeh, Lindsay, Mabrey,
	42	+	Parenti, Ricks, Sirota, Story, Titone, Vigil, Weissman, Willford
	43	+	SENATE SPONSORSHIP
	44	+	Fields and Winter F.,
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. residential tenant do not have to participate in mediation if the residential
	48	+	tenant did not disclose or declined to disclose in writing to the landlord
	49	+	that the residential tenant receives cash assistance. Failure to comply with
	50	+	mandatory mediation is an affirmative defense.
	51	+	The bill prohibits a law enforcement officer from executing a writ
	52	+	of restitution against a residential tenant for at least 30 days after the entry
	53	+	of judgment if the residential tenant receives cash assistance.
	54	+	The bill requires a written rental agreement to include a statement
	55	+	that a residential tenant who receives cash assistance has a right to
	56	+	mediation prior to the landlord filing an eviction complaint with the court.
	57	+	The bill prohibits a written rental agreement from including a
	58	+	waiver of mandatory mediation.
	59	+	Be it enacted by the General Assembly of the State of Colorado:1
	60	+	SECTION 1. Legislative declaration. (1) The general assembly2
	61	+	finds that:3
	62	+	(a) There is a wide disparity in access to legal representation4
	63	+	between landlords and people experiencing eviction in Colorado. A 20215
	64	+	study found that renters are represented by legal counsel in only one6
	65	+	percent of eviction cases, while landlords are represented in 77 percent7
	66	+	of cases.8
	67	+	(b) This disparity in access to legal representation creates an9
	68	+	imbalance in power during eviction proceedings;10
	69	+	(c) Prelitigation mediation helps to restore the balance of power11
	70	+	during eviction proceedings by facilitating communication between12
	71	+	renters and landlords in a neutral setting. Skilled, neutral mediators can13
	72	+	help guide the parties to find a reasonable and long-lasting alternative to14
	73	+	eviction.15
	74	+	(d) Colorado is experiencing a housing shortage. A 2022 report16
	75	+	from the general assembly's affordable housing and transformational task17
	76	+	force found that the state needs an additional 325,000 rental units to meet18
	77	+	current demand.19
	78	+	1120-2- (e) People with disabilities face an additional barrier to finding1
	79	+	housing that meets their accessibility requirements;2
	80	+	(f) People who receive cash assistance face an additional barrier3
	81	+	to finding housing that is affordable on a fixed income; and4
	82	+	(g) Extending the period of time before law enforcement can5
	83	+	execute a writ of restitution gives a renter with disabilities or a renter who6
	84	+	receives cash assistance more time to find new housing and improves the7
	85	+	renter's likelihood of remaining housed.8
	86	+	(2) The general assembly further finds that:9
	87	+	(a) Evictions threaten existing affordable housing by creating10
	88	+	additional burdens for independent property owners, including legal fees,11
	89	+	unpaid rent and utility fees, additional vacancies, and resident turnover;12
	90	+	and13
	91	+	(b) Reducing evictions and preventing people from becoming14
	92	+	homeless saves taxpayers money by reducing public spending on court15
	93	+	costs, emergency shelter, medical care, foster care, and juvenile16
	94	+	delinquency.17
	95	+	(3) Therefore, the general assembly declares it is necessary to18
	96	+	avoid eviction proceedings and provide additional protections for people19
	97	+	with disabilities and people who receive cash assistance who are20
	98	+	experiencing an eviction.21
	99	+	SECTION 2. In Colorado Revised Statutes, 13-40-110, amend22
	100	+	(1); and add (3) as follows:23
	101	+	13-40-110. Action - how commenced - report. (1) (a) An action24
	102	+	under this article ARTICLE 40 is commenced by filing with the court a25
	103	+	complaint in writing describing the property with reasonable certainty, the26
	104	+	grounds for the recovery thereof, the name of the person in possession or27
	105	+	1120
	106	+	-3- occupancy, and a prayer for recovery of possession, AND A SIGNED1
	107	+	AFFIDAVIT THAT STATES:2
67	108		(I) T
68		-	HE RESIDENTIAL TENANT RECEIVES SUPPLEMENTAL SECURITY
69		-	INCOME
70		-	, SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE
71		-	FEDERAL
72		-	"SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS
73		-	AMENDED
74		-	, OR CASH ASSISTANCE THROUGH THE COLORADO WORKS
75		-	PROGRAM CREATED IN PART
76		-	7 OF ARTICLE 2 OF TITLE 26, AND THE
77		-	COMPLAINANT AND RESIDENTIAL TENANT PARTICIPATED IN MANDATORY
78		-	MEDIATION AND THE MEDIATION WAS UNSUCCESSFUL
79		-	;
	109	+	HE RESIDENTIAL TENANT RECEIVES SUPPLEMENTAL SECURITY3
	110	+	INCOME, SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE4
	111	+	FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS5
	112	+	AMENDED, OR CASH ASSISTANCE THROUGH THE COLORADO WORKS6
	113	+	PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26, AND THE7
	114	+	COMPLAINANT AND RESIDENTIAL TENANT PARTICIPATED IN MANDATORY8
	115	+	MEDIATION AND THE MEDIATION WAS UNSUCCESSFUL ;
	116	+	9
80	117		(II) T
81		-	HE COMPLAINANT AND RESIDENTIAL TENANT DID NOT
82		-	PARTICIPATE IN MANDATORY MEDIATION BECAUSE THE RESIDENTIAL
83		-	TENANT
84		-	:
	118	+	HE COMPLAINANT AND RESIDENTIAL TENANT DID NOT10
	119	+	PARTICIPATE IN MANDATORY MEDIATION BECAUSE THE RESIDENTIAL11
	120	+	TENANT:12
85	121		(A)
86		-	DID NOT DISCLOSE OR DECLINED TO DISCLOSE IN WRITING IN
87		-	RESPONSE TO A WRITTEN INQUIRY FROM THE COMPLAINANT THAT THE
88		-	RESIDENTIAL TENANT RECEIVES SUPPLEMENTAL SECURITY INCOME
89		-	, SOCIAL
90		-	SECURITY DISABILITY INSURANCE UNDER
91		-	TITLE II OF THE FEDERAL "SOCIAL
92		-	SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR CASH
93		-	ASSISTANCE THROUGH THE
94		-	COLORADO WORKS PROGRAM CREATED IN PART
95		-	7 OF ARTICLE 2 OF TITLE 26; OR
96		-	(B) DOES NOT RECEIVE SUPPLEMENTAL SECURITY INCOME , SOCIAL
97		-	SECURITY DISABILITY INSURANCE UNDER
98		-	TITLE II OF THE FEDERAL "SOCIAL
99		-	SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR CASH
100		-	ASSISTANCE THROUGH THE
101		-	COLORADO WORKS PROGRAM CREATED IN PART
102		-	7 OF ARTICLE 2 OF TITLE 26; OR
103		-	(III) THE COMPLAINANT AND RESIDENTIAL TENANT DID NOT
104		-	PARTICIPATE IN MANDATORY MEDIATION BECAUSE THE COMPLAINANT IS
105		-	:
106		-	(A) A 501(c)(3)
107		-	NONPROFIT ORGANIZATION THAT OFFERS
108		-	OPPORTUNITIES FOR MEDIATION TO RESIDENTIAL TENANTS PRIOR TO FILING
109		-	PAGE 3-HOUSE BILL 23-1120 A RESIDENTIAL EVICTION IN COURT; OR
110		-	(B) A LANDLORD WITH FIVE OR FEWER SINGLE -FAMILY RENTAL
111		-	HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS
112		-	, INCLUDING ANY
113		-	SINGLE
114		-	-FAMILY HOMES.
	122	+	DID NOT DISCLOSE OR DECLINED TO DISCLOSE IN WRITING IN13
	123	+	RESPONSE TO A WRITTEN INQUIRY FROM THE COMPLAINANT THAT THE14
	124	+	RESIDENTIAL TENANT RECEIVES SUPPLEMENTAL SECURITY INCOME , SOCIAL15
	125	+	SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE FEDERAL16
	126	+	"S
	127	+	OCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR17
	128	+	CASH ASSISTANCE THROUGH THE COLORADO WORKS PROGRAM CREATED18
	129	+	IN PART 7 OF ARTICLE 2 OF TITLE 26; OR19
	130	+	(B)
	131	+	DOES NOT RECEIVE SUPPLEMENTAL SECURITY INCOME , SOCIAL20
	132	+	SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE FEDERAL21
	133	+	"S
	134	+	OCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR22
	135	+	CASH ASSISTANCE THROUGH THE COLORADO WORKS PROGRAM CREATED23
	136	+	IN PART 7 OF ARTICLE 2 OF TITLE
	137	+	26; OR24
	138	+	(III) THE COMPLAINANT AND RESIDENTIAL TENANT DID NOT25
	139	+	PARTICIPATE IN MANDATORY MEDIATION BECAUSE THE COMPLAINANT IS:26
	140	+	(A) A 501(c)(3) NONPROFIT ORGANIZATION THAT OFFERS27
	141	+	1120
	142	+	-4- OPPORTUNITIES FOR MEDIATION TO RESIDENTIAL TENANTS PRIOR TO FILING1
	143	+	A RESIDENTIAL EVICTION IN COURT; OR2
	144	+	(B) A LANDLORD WITH FIVE OR FEWER SINGLE-FAMILY RENTAL3
	145	+	HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS , INCLUDING ANY4
	146	+	SINGLE-FAMILY HOMES.5
115	147		(b) M
116		-	ANDATORY MEDIATION MUST BE CONDUCTED BY A TRAINED
117		-	NEUTRAL THIRD PARTY AND BE PROVIDED AT NO COST TO THE RESIDENTIAL
118		-	TENANT
119		-	. THE LANDLORD IS ONLY REQUIRED TO PAY FOR THE LANDLORD 'S
120		-	PORTION OF THE MANDATORY MEDIATION
121		-	. THE COMPLAINANT AND
122		-	RESIDENTIAL TENANT MAY HAVE LEGAL REPRESENTATION PRESENT DURING
123		-	THE MANDATORY MEDIATION
124		-	. A RESIDENTIAL TENANT MAY VOLUNTARILY
125		-	WAIVE THE TENANT
126		-	'S RIGHT TO MANDATORY MEDIATION , BUT A WAIVER
127		-	MUST NOT BE IN ANY LEASE AGREEMENT OR OTHER AGREEMENT BETWEEN
128		-	THE COMPLAINANT AND RESIDENTIAL TE NANT PURSUANT TO SECTION
129		-	38-12-801.
130		-	(c) T
131		-	HE OFFICE OF DISPUTE RESOLUTION , CREATED IN SECTION
132		-	13-22-303, SHALL SCHEDULE THE MANDATORY MEDIATION AT THE FIRST
133		-	AVAILABLE DATE
134		-	, BUT NO LATER THAN FOURTEEN CALENDAR DAYS AFTER
135		-	THE LANDLORD REQUESTS THE MEDIATION
136		-	.
137		-	(d) F
138		-	AILURE TO COMPLY WITH THE MANDATORY MEDIATION
139		-	REQUIREMENTS OUTLINED IN THIS SUBSECTION
140		-	(1) IS AN AFFIRMATIVE
141		-	DEFENSE
142		-	. IF THE AFFIRMATIVE DEFENSE IS RAISED AND THE COMPLAINANT
143		-	CANNOT DEMONSTRATE THAT THE REQUIREMENTS WERE MET
144		-	, THE COURT
145		-	SHALL DISMISS THE CASE WITHOUT PREJUDICE AND A NEW COMPLAINT MUST
146		-	BE FILED
147		-	.
148		-	(e) The complaint may also set forth the amount of rent due, the rate
149		-	at which it is accruing, the amount of damages due, and the rate at which
150		-	they are accruing and may include a prayer for rent due or to become due,
151		-	present and future damages, costs, and any other relief to which plaintiff is
152		-	entitled.
153		-	(4) B
154		-	EGINNING JANUARY 2024, THE JUDICIAL DEPARTMENT SHALL
155		-	REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND
156		-	THE SENATE JUDICIARY COMMITTEE
157		-	, OR THEIR SUCCESSOR COMMITTEES ,
158		-	DURING THE JUDICIAL DEPARTMENT 'S "SMART ACT" HEARING THE TOTAL
159		-	NUMBER OF MEDIATIONS SCHEDULED BY THE OFFICE OF DISPUTE RESOLUTION
160		-	PAGE 4-HOUSE BILL 23-1120 PURSUANT TO THIS SECTION, THE OUTCOMES OF THE MEDIATIONS , AND THE
161		-	COST OF THE MEDIATIONS FOR THE PREVIOUS FISCAL YEAR
162		-	.
163		-	SECTION 3. In Colorado Revised Statutes, 13-40-122, amend (1)
164		-	as follows:
165		-	13-40-122. Writ of restitution after judgment. (1) (a) A court
166		-	shall not issue a writ of restitution upon any judgment entered in any action
167		-	pursuant to this article 40 until forty-eight hours after the time of the entry
168		-	of the judgment. I
169		-	F THE WRIT OF RESTITUTION CONCERNS A RESIDENTIAL
170		-	TENANT WHO RECEIVES SUPPLEMENTAL SECURITY INCOME
171		-	, SOCIAL SECURITY
172		-	DISABILITY INSURANCE UNDER
173		-	TITLE II OF THE FEDERAL "SOCIAL SECURITY
174		-	ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR CASH ASSISTANCE
175		-	THROUGH THE
176		-	COLORADO WORKS PROGRAM CREATED IN PART 7 OF ARTICLE
177		-	2 OF TITLE 26, THE WRIT MUST SPECIFY THAT THE WRIT IS NOT EXECUTABLE
178		-	FOR THIRTY DAYS AFTER ENTRY OF JUDGMENT PURSUANT TO SUBSECTION
179		-	(1)(b) OF THIS SECTION; EXCEPT IN THE CASE:
180		-	(I) I
181		-	N WHICH A COURT HAS ORDERED A JUDGMENT FOR POSSESSION
182		-	FOR A SUBSTANTIAL VIOLATION PURSUANT TO SECTION
183		-	13-40-107.5; OR
184		-	(II) OF A LANDLORD WITH FIVE OR FEWER SINGLE -FAMILY RENTAL
185		-	HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS INCLUDING ANY
186		-	SINGLE
187		-	-FAMILY HOMES.
188		-	(b) A writ of restitution shall
189		-	MUST be executed by the officer
190		-	having the same only in the daytime and between sunrise and sunset, and
191		-	the officer shall not execute a writ of restitution concerning a residential
	148	+	ANDATORY MEDIATION MUST BE CONDUCTED BY A TRAINED6
	149	+	NEUTRAL THIRD
	150	+	PARTY AND BE PROVIDED AT NO COST TO THE7
	151	+	RESIDENTIAL TENANT. THE LANDLORD IS ONLY REQUIRED TO PAY FOR THE8
	152	+	LANDLORD'S PORTION OF THE MANDATORY MEDIATION . THE9
	153	+	COMPLAINANT AND RESIDENTIAL TENANT MAY HAVE LEGAL10
	154	+	REPRESENTATION PRESENT DURING THE MANDATORY MEDIATION . A11
	155	+	RESIDENTIAL TENANT MAY VOLUNTARILY WAIVE THE TENANT 'S RIGHT TO12
	156	+	MANDATORY MEDIATION , BUT A WAIVER MUST NOT BE IN ANY LEASE13
	157	+	AGREEMENT OR OTHER AGREEMENT BETWEEN THE COMPLAINANT AND14
	158	+	RESIDENTIAL TENANT PURSUANT TO SECTION 38-12-801.15
	159	+	(c) THE OFFICE OF DISPUTE RESOLUTION, CREATED IN SECTION16
	160	+	13-22-303, SHALL SCHEDULE THE MANDATORY MEDIATION AT THE FIRST17
	161	+	AVAILABLE DATE, BUT NO LATER THAN FOURTEEN CALENDAR DAYS AFTER18
	162	+	THE LANDLORD REQUESTS THE MEDIATION .19
	163	+	(d) FAILURE TO COMPLY WITH THE MANDATORY MEDIATION20
	164	+	REQUIREMENTS OUTLINED IN THIS SUBSECTION (1) IS AN AFFIRMATIVE21
	165	+	DEFENSE. IF THE AFFIRMATIVE DEFENSE IS RAISED AND THE COMPLAINANT22
	166	+	CANNOT DEMONSTRATE THAT THE REQUIREMENTS WERE MET , THE COURT23
	167	+	SHALL DISMISS THE CASE WITHOUT PREJUDICE AND A NEW COMPLAINT24
	168	+	MUST BE FILED.25
	169	+	(e) The complaint may also set forth the amount of rent due, the26
	170	+	rate at which it is accruing, the amount of damages due, and the rate at27
	171	+	1120
	172	+	-5- which they are accruing and may include a prayer for rent due or to1
	173	+	become due, present and future damages, costs, and any other relief to2
	174	+	which plaintiff is entitled.3
	175	+	(3) B
	176	+	EGINNING JANUARY, 2024, THE JUDICIAL DEPARTMENT SHALL
	177	+	4
	178	+	REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND5
	179	+	THE SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES ,6
	180	+	DURING THE JUDICIAL DEPARTMENT'S "SMART ACT" HEARING THE TOTAL7
	181	+	NUMBER OF MEDIATIONS SCHEDULED BY THE OFFICE OF DISPUTE8
	182	+	RESOLUTION PURSUANT TO THIS SECTION , THE OUTCOMES OF THE9
	183	+	MEDIATIONS, AND THE COST OF THE MEDIATIONS FOR THE PREVIOUS10
	184	+	FISCAL YEAR.11
	185	+	SECTION 3. In Colorado Revised Statutes, 13-40-122, amend12
	186	+	(1) as follows:13
	187	+	13-40-122. Writ of restitution after judgment. (1) (a) A court14
	188	+	shall not issue a writ of restitution upon any judgment entered in any15
	189	+	action pursuant to this article 40 until forty-eight hours after the time of16
	190	+	the entry of the judgment. I
	191	+	F THE WRIT OF RESTITUTION CONCERNS A17
	192	+	RESIDENTIAL TENANT WHO RECEIVES SUPPLEMENTAL SECURITY INCOME ,18
	193	+	SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE FEDERAL19
	194	+	"S
	195	+	OCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR20
	196	+	CASH ASSISTANCE THROUGH THE COLORADO WORKS PROGRAM CREATED21
	197	+	IN PART 7 OF ARTICLE 2 OF TITLE 26, THE WRIT MUST SPECIFY THAT THE22
	198	+	WRIT IS NOT EXECUTABLE FOR THIRTY DAYS AFTER ENTRY OF JUDGMENT23
	199	+	PURSUANT TO SUBSECTION (1)(b) OF THIS
	200	+	SECTION; EXCEPT IN THE CASE:24
	201	+	(I) IN WHICH A COURT HAS ORDERED A JUDGMENT FOR POSSESSION25
	202	+	FOR A SUBSTANTIAL VIOLATION PURSUANT TO SECTION 13-40-107.5; OR 26
	203	+	(II) OF A LANDLORD WITH FIVE OR FEWER SINGLE FAMILY RENTAL27
	204	+	1120
	205	+	-6- HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS INCLUDING ANY1
	206	+	SINGLE FAMILY HOMES.2
	207	+	(b) A writ of restitution shall MUST be executed by the officer3
	208	+	having the same only in the daytime and between sunrise and sunset, and4
	209	+	the officer shall not execute a writ of restitution concerning a residential5
192	210		tenancy until at least ten days after entry of the judgment;
193		-	EXCEPT THAT THE
194		-	OFFICER SHALL NOT EXECUTE A WRIT OF RESTITUTION CONCERNING A
195		-	RESIDENTIAL TENANCY UNTIL AT LEAST THIRTY DAYS AFTER ENTRY OF
196		-	JUDGMENT IF THE RESIDENTIAL TENANT RECEIVES SUPPLEMENTAL SECURITY
197		-	INCOME
198		-	, SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE
199		-	FEDERAL
200		-	"SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS
201		-	AMENDED
202		-	, OR CASH ASSISTANCE THROUGH THE COLORADO WORKS
203		-	PROGRAM CREATED IN PART
204		-	7 OF ARTICLE 2 OF TITLE 26, AS SPECIFIED IN THE
205		-	WRIT
206		-	; EXCEPT IN THE CASE:
207		-	(I) I
208		-	N WHICH A COURT HAS ORDERED A JUDGMENT FOR POSSESSION
209		-	FOR A SUBSTANTIAL VIOLATION PURSUANT TO SECTION
210		-	13-40-107.5; OR
211		-	PAGE 5-HOUSE BILL 23-1120 (II) OF A LANDLORD WITH FIVE OR FEWER SINGLE -FAMILY RENTAL
212		-	HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS INCLUDING ANY
213		-	SINGLE
214		-	-FAMILY HOMES.
215		-	(c) Any writ of restitution governed by this section may be executed
216		-	by the county sheriff's office in which the property is located by a sheriff,
217		-	undersheriff, or deputy sheriff, as described in section 16-2.5-103 (1) or (2),
218		-	while off duty or on duty at rates charged by the employing sheriff's office
219		-	in accordance with section 30-1-104 (1)(gg).
220		-	SECTION 4. In Colorado Revised Statutes, amend 13-40-106 as
221		-	follows:
222		-	13-40-106. Written demand. (1) The demand required by section
223		-	13-40-104 shall be made in writing, specifying the grounds of the
224		-	demandant's right to the possession of such premises, describing the same,
225		-	and the time when the same shall be delivered up, and shall be signed by the
226		-	person claiming such possession, his agent, or his attorney.
227		-	(2) T
228		-	HE DEMAND MUST ALSO INCLUDE A STATEMENT THAT A
229		-	RESIDENTIAL TENANT WHO RECEIVES SUPPLEMENTAL SECURITY INCOME
230		-	,
231		-	SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE FEDERAL
232		-	"SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR CASH
233		-	ASSISTANCE THROUGH THE
234		-	COLORADO WORKS PROGRAM CREATED IN PART
235		-	7 OF ARTICLE 2 OF TITLE 26 HAS A RIGHT TO MEDIATION PRIOR TO THE
236		-	LANDLORD FILING AN EVICTION COMPLAINT WITH THE COURT PURSUANT TO
237		-	SECTION
238		-	13-40-110.
239		-	SECTION 5. In Colorado Revised Statutes, 24-34-502, add (1.8)
240		-	as follows:
241		-	24-34-502. Unfair housing practices prohibited - definitions.
242		-	(1.8) I
243		-	T IS NOT A VIOLATION OF THIS SECTION FOR A LANDLORD TO ASK A
244		-	RESIDENTIAL TENANT WHETHER THE TENANT RECEIVES SUPPLEMENTAL
245		-	SECURITY INCOME
246		-	, SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE
247		-	II OF THE FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS
248		-	AMENDED
249		-	, OR CASH ASSISTANCE THROUGH THE COLORADO WORKS
250		-	PROGRAM CREATED IN PART
251		-	7 OF ARTICLE 2 OF TITLE 26 FOR THE PURPOSES
252		-	OF COMPLYING WITH SECTION
253		-	13-40-110 (1).
254		-	PAGE 6-HOUSE BILL 23-1120 SECTION 6. In Colorado Revised Statutes, 38-12-801, amend (3);
255		-	and add (2.5) as follows:
256		-	38-12-801. Written rental agreement - prohibited clauses - copy
257		-	- tenant. (2.5) (a) A
258		-	WRITTEN RENTAL AGREEMENT MUST INCLUDE A
259		-	STATEMENT THAT SECTION
260		-	24-34-502 (1) PROHIBITS SOURCE OF INCOME
261		-	DISCRIMINATION AND REQUIRES A NON
262		-	-EXEMPT LANDLORD TO ACCEPT ANY
263		-	LAWFUL AND VERIFIABLE SOURCE OF MONEY PAID DIRECTLY
264		-	, INDIRECTLY,
265		-	OR ON BEHALF OF A PERSON , INCLUDING INCOME DERIVED FROM ANY
266		-	LAWFUL PROFESSION OR OCCUPATION AND INCOME OR RENTAL PAYMENTS
267		-	DERIVED FROM ANY GOVERNMENT OR PRIVATE ASSISTANCE
268		-	, GRANT, OR
269		-	LOAN PROGRAM
270		-	.
271		-	(b) T
272		-	HIS SUBSECTION (2.5) DOES NOT APPLY TO A LANDLORD WITH
273		-	FIVE OR FEWER SINGLE
274		-	-FAMILY RENTAL HOMES AND NO MORE T HAN FIVE
275		-	TOTAL RENTAL UNITS INCLUDING ANY SINGLE
276		-	-FAMILY HOMES.
277		-	(3) (a) A written rental agreement must not include:
278		-	(a)
279		-	(I) An unreasonable liquidated damages clause that assigns a cost
280		-	to a party stemming from an eviction notice or an eviction action from a
281		-	violation of the rental agreement; or
282		-	(b) (II) A one-way, fee-shifting clause that awards attorney fees and
283		-	court costs only to one party. Any fee-shifting clause contained in a rental
284		-	agreement must award attorney fees to the prevailing party in a court
285		-	dispute concerning the rental agreement, residential premises, or dwelling
286		-	unit.
	211	+	EXCEPT THAT6
	212	+	THE OFFICER SHALL NOT EXECUTE A WRIT OF RESTITUTION CONCERNING7
	213	+	A RESIDENTIAL TENANCY UNTIL AT LEAST THIRTY DAYS AFTER ENTRY OF8
	214	+	JUDGMENT IF THE RESIDENTIAL TENANT RECEIVES SUPPLEMENTAL9
	215	+	SECURITY INCOME, SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE10
	216	+	II
	217	+	OF THE FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ.,11
	218	+	AS AMENDED, OR CASH ASSISTANCE THROUGH THE COLORADO WORKS12
	219	+	PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26, AS SPECIFIED IN13
	220	+	THE WRIT; EXCEPT IN THE CASE:14
	221	+	(I) IN WHICH A COURT HAS ORDERED A JUDGMENT FOR POSSESSION15
	222	+	FOR A SUBSTANTIAL VIOLATION PURSUANT TO SECTION 13-40-107.5; OR 16
	223	+	(II) OF A LANDLORD WITH FIVE OR FEWER SINGLE FAMILY RENTAL17
	224	+	HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS INCLUDING ANY18
	225	+	SINGLE FAMILY HOMES.19
	226	+	(c) Any writ of restitution governed by this section may be20
	227	+	executed by the county sheriff's office in which the property is located by21
	228	+	a sheriff, undersheriff, or deputy sheriff, as described in section22
	229	+	16-2.5-103 (1) or (2), while off duty or on duty at rates charged by the23
	230	+	employing sheriff's office in accordance with section 30-1-104 (1)(gg).24
	231	+	SECTION 4. In Colorado Revised Statutes, amend 13-40-106 as25
	232	+	follows:26
	233	+	13-40-106. Written demand. (1) The demand required by27
	234	+	1120
	235	+	-7- section 13-40-104 shall be made in writing, specifying the grounds of the1
	236	+	demandant's right to the possession of such premises, describing the2
	237	+	same, and the time when the same shall be delivered up, and shall be3
	238	+	signed by the person claiming such possession, his agent, or his attorney.4
	239	+	(2) THE DEMAND MUST ALSO INCLUDE A STATEMENT THAT A5
	240	+	RESIDENTIAL TENANT WHO RECEIVES SUPPLEMENTAL SECURITY INCOME,6
	241	+	SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE FEDERAL7
	242	+	"SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR8
	243	+	CASH ASSISTANCE THROUGH THE COLORADO WORKS PROGRAM CREATED9
	244	+	IN PART 7 OF ARTICLE 2 OF TITLE 26 HAS A RIGHT TO MEDIATION PRIOR TO10
	245	+	THE LANDLORD FILING AN EVICTION COMPLAINT WITH THE COURT11
	246	+	PURSUANT TO SECTION 13-40-110.12
	247	+	SECTION 5. In Colorado Revised Statutes, 24-34-502, add (1.8)13
	248	+	as follows:14
	249	+	24-34-502. Unfair housing practices prohibited - definitions.15
	250	+	(1.8) IT IS NOT A VIOLATION OF THIS SECTION FOR A LANDLORD TO ASK A16
	251	+	RESIDENTIAL TENANT WHETHER THE TENANT RECEIVES SUPPLEMENTAL17
	252	+	SECURITY INCOME, SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE18
	253	+	II OF THE FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ.,19
	254	+	AS AMENDED, OR CASH ASSISTANCE THROUGH THE COLORADO WORKS20
	255	+	PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26 FOR THE PURPOSES21
	256	+	OF COMPLYING WITH SECTION 13-40-110 (1).22
	257	+	SECTION 6. In Colorado Revised Statutes, 38-12-801, amend23
	258	+	(3); and add (2.5) as follows:24
	259	+	38-12-801. Written rental agreement - prohibited clauses -25
	260	+	copy - tenant. (2.5) (a) A WRITTEN RENTAL AGREEMENT MUST INCLUDE26
	261	+	A STATEMENT THAT SECTION 24-34-502 (1) PROHIBITS SOURCE OF INCOME27
	262	+	1120
	263	+	-8- DISCRIMINATION AND REQUIRES A NON-EXEMPT LANDLORD TO ACCEPT1
	264	+	ANY LAWFUL AND VERIFIABLE SOURCE OF MONEY PAID DIRECTLY ,2
	265	+	INDIRECTLY, OR ON BEHALF OF A PERSON, INCLUDING INCOME DERIVED3
	266	+	FROM ANY LAWFUL PROFESSION OR OCCUPATION AND INCOME OR RENTAL4
	267	+	PAYMENTS DERIVED FROM ANY GOVERNMENT OR PRIVATE ASSISTANCE,5
	268	+	GRANT, OR LOAN PROGRAM.6
	269	+	(b) THIS SUBSECTION (2.5) DOES NOT APPLY TO A LANDLORD WITH7
	270	+	FIVE OR FEWER SINGLE FAMILY RENTAL HOMES AND NO MORE THAN FIVE8
	271	+	TOTAL RENTAL UNITS INCLUDING ANY SINGLE FAMILY HOMES .9
	272	+	(3) (a) A written rental agreement must not include:10
	273	+	(a) (I) An unreasonable liquidated damages clause that assigns a11
	274	+	cost to a party stemming from an eviction notice or an eviction action12
	275	+	from a violation of the rental agreement; or13
	276	+	(b) (II) A one-way, fee-shifting clause that awards attorney fees14
	277	+	and court costs only to one party. Any fee-shifting clause contained in a15
	278	+	rental agreement must award attorney fees to the prevailing party in a16
	279	+	court dispute concerning the rental agreement, residential premises, or17
	280	+	dwelling unit.18
287	281		(III) A
288		-	WAIVER OF MANDATORY MEDIATION REQUIRED PURSUANT TO
289		-	SECTION
290		-	13-40-110 (1); OR
291		-	(IV) A CLAUSE THAT ALLOWS A LANDLORD TO RECOUP ANY COSTS
292		-	ASSOCIATED WITH MANDATORY MEDIATION REQUIRED PURSUANT TO
293		-	SECTION
294		-	13-40-110 (1).
295		-	(c)
296		-	(b) Any clause in violation of subsection (3)(a) or (3)(b) of this
297		-	section THIS SUBSECTION (3) is null and void and unenforceable.
298		-	SECTION 7. Appropriation. (1) For the 2023-24 state fiscal year,
299		-	PAGE 7-HOUSE BILL 23-1120 $328,026 is appropriated to the judicial department for use by courts
300		-	administration. This appropriation is from the general fund. To implement
301		-	this act, the department may use this appropriation as follows:
302		-	(a) $246,076 for general courts administration, which amount is
303		-	based on an assumption that the department will require an additional 0.6
304		-	FTE;
305		-	(b) $75,000 for information technology infrastructure; and
306		-	(c) $6,950 for capital outlay.
307		-	SECTION 8. Safety clause. The general assembly hereby finds,
308		-	PAGE 8-HOUSE BILL 23-1120 determines, and declares that this act is necessary for the immediate
309		-	preservation of the public peace, health, or safety.
310		-	____________________________ ____________________________
311		-	Julie McCluskie Steve Fenberg
312		-	SPEAKER OF THE HOUSE PRESIDENT OF
313		-	OF REPRESENTATIVES THE SENATE
314		-	____________________________ ____________________________
315		-	Robin Jones Cindi L. Markwell
316		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
317		-	OF REPRESENTATIVES THE SENATE
318		-	APPROVED________________________________________
319		-	(Date and Time)
320		-	_________________________________________
321		-	Jared S. Polis
322		-	GOVERNOR OF THE STATE OF COLORADO
323		-	PAGE 9-HOUSE BILL 23-1120
	282	+	WAIVER OF MANDATORY MEDIATION REQUIRED PURSUANT19
	283	+	TO SECTION 13-40-110 (1); OR20
	284	+	(IV) A CLAUSE THAT ALLOWS A LANDLORD TO RECOUP ANY COSTS21
	285	+	ASSOCIATED WITH MANDATORY MEDIATION REQUIRED PURSUANT TO22
	286	+	SECTION 13-40-110 (1).23
	287	+	(c) (b) Any clause in violation of subsection (3)(a) or (3)(b) of this24
	288	+	section THIS SUBSECTION (3) is null and void and unenforceable.25
	289	+	SECTION 7. Appropriation. (1) For the 2023-24 state fiscal26
	290	+	year, $328,026 is appropriated to the judicial department for use by courts27
	291	+	1120
	292	+	-9- administration. This appropriation is from the general fund. To implement1
	293	+	this act, the department may use this appropriation as follows:2
	294	+	(a) $246,076 for general courts administration, which amount is3
	295	+	based on an assumption that the department will require an additional 0.64
	296	+	FTE;5
	297	+	(b) $75,000 for information technology infrastructure; and6
	298	+	(c) $6,950 for capital outlay.7
	299	+	SECTION 8. Safety clause. The general assembly hereby finds,8
	300	+	determines, and declares that this act is necessary for the immediate9
	301	+	preservation of the public peace, health, or safety.10
	302	+	1120
	303	+	-10-