First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0848.02 Christopher McMichael x4775
HOUSE BILL 23-1254
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE CONDITIONS COVERED UNDER THE WARRANTY OF101
HABITABILITY FOR RESIDENTIAL PREMISES , AND, IN102
CONNECTION THEREWITH , DIRECTING THE DEPARTMENT OF103
PUBLIC HEALTH AND ENVIRONMEN T TO ESTABLISH HEALTH AND104
SAFETY STANDARDS REGARDING THE HABITABILITY OF105
RESIDENTIAL PREMISES.106
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 conditions covered under the warranty of
HOUSE SPONSORSHIP
Brown and Mabrey,
SENATE SPONSORSHIP
(None),
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. habitability for residential premises in relation to indoor air quality, water
quality, and other health and safety issues. The bill adds water damage,
fire damage, and damage due to a natural or an environmental event as
conditions under which a residential premises is deemed uninhabitable.
The bill requires a landlord to have a residential premises
inspected and tested by a certified industrial hygienist or an industrial
hygienist to determine if the premises is safe for habitability. The bill also
clarifies landlord responsibilities in remediating a residential premises to
a habitable standard and how a tenant must give notice to a landlord if
there are habitability issues with the tenant's residence.
The bill directs the executive director of the department of public
health and environment to establish health and safety standards for
habitability by January 1, 2026.
The bill prohibits a landlord from retaliating against a tenant for
making a good faith complaint about the conditions of the residential
premises and provides conditions by which a tenant may terminate a lease
if a habitability issue is not remediated.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Colorado has experienced record-breaking wildfires in recent4
years, including the Marshall fire, which burned over 6,000 acres and5
nearly 1,100 homes in a highly urbanized area, resulting in more than6
$500 million dollars in damages;7
(b) After the Marshall fire, many renters struggled to secure safe,8
habitable housing due to significant damage from smoke, ash, and other9
air contaminants;10
(c) It is typical for nearby residents to experience air11
contamination, water contamination, and other health and safety issues12
after being subject to natural or environmental events;13
(d) After these types of events, residential premises must be14
returned to a condition that protects the health and safety of residents15
from environmental contaminants, such as smoke, ash, and other toxic16
HB23-1254-2- materials; and1
(e) There is a need to promote the remediation of residential2
premises so that landlords, tenants, and insurance companies understand3
what remediation must be done and who is responsible for the4
remediation to make the premises habitable after a natural or an5
environmental event.6
(2) Therefore, the generally assembly declares that it is in the best7
interest of Colorado residents to protect the health and safety of residents8
by ensuring that their homes are returned to a healthy, habitable, and safe9
condition after incurring water damage, fire damage, or other damage due10
to a natural or an environmental event.11
SECTION 2. In Colorado Revised Statutes, 38-12-502, add (1.5),12
(2.5), and (4.5) as follows:13
38-12-502. Definitions. As used in this part 5 and part 8 of this14
article 12, unless the context otherwise requires:15
(1.5) "C
ERTIFIED INDUSTRIAL HYGIENIST" HAS THE SAME MEANING16
AS SET FORTH IN SECTION 24-30-1402 (1).17
(2.5) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH18
AND ENVIRONMENT CREATED PURSUANT TO SECTION 25-1-102.19
(4.5) "I
NDUSTRIAL HYGIENIST" HAS THE SAME MEANING AS SET20
FORTH IN SECTION 24-30-1402 (2.2).21
SECTION 3. In Colorado Revised Statutes, 38-12-503, amend22
(2)(a), (2.3), (2.5), and (4)(a) introductory portion; and add (2.7) as23
follows:24
38-12-503. Warranty of habitability - notice - landlord25
obligations. (2) Except as described in subsection (2.2) of this section,26
a landlord breaches the warranty of habitability set forth in subsection (1)27
HB23-1254
-3- of this section if:1
(a) A residential premises is:2
(I) Uninhabitable as described in section 38-12-505 or otherwise3
unfit for human habitation; or4
(II) In a condition that materially interferes with the tenant's life,5
health, or safety; and OR6
(III) I
N A CONDITION THAT CONTAINS AIR , WATER, OR OTHER7
CONTAMINANTS AT LEVELS THAT ARE NOT SAFE FOR HABITABILITY AS8
DETERMINED BY A CERTIFIED INDUSTRIAL HYGIENIST OR AN INDUSTRIAL9
HYGIENIST PURSUANT TO SECTION 38-12-505 (1.5); AND10
(2.3) A tenant who gives a landlord
WRITTEN OR electronic notice11
of a condition shall send such
THE notice only to the e-mail address,12
phone number, or electronic portal specified by the landlord in the rental13
agreement for communications. In the absence of such a provision in the14
rental agreement, the tenant shall communicate with the landlord in a15
manner that the landlord has previously used TYPICALLY USES to16
communicate with the tenant. The tenant shall retain sufficient proof of17
delivery of the electronic notice.18
(2.5) A landlord who THAT receives from a tenant written or19
electronic notice of a condition described by subsection (2)(a) of this20
section shall:21
(a) Respond to the tenant not more than twenty-four hours after22
receiving the notice. The response must indicate the landlord's intentions23
for remedying the condition, including an estimate of when the24
remediation will commence and when it will be completed.25
(b) I
NFORM THE TENANT OF THE LANDLORD 'S RESPONSIBILITIES26
UNDER SUBSECTION (4)(a) OF THIS SECTION IF THE REPORTED CONDITION27
HB23-1254
-4- CONCERNS A CONDITION DESCRIBED IN SUBSECTION (2)(a)(II) OR1
(2)(a)(III)
OF THIS SECTION.2
(2.7) (a) (I) A
LANDLORD THAT RECEIVES NOTICE FROM A TENANT3
OF ANY HABITABILITY ISSUES, AS DESCRIBED IN SECTION 38-12-505 (1),4
WITH THE TENANT'S PREMISES IS RESPONSIBLE FOR REMEDIATION OF THE5
RESIDENTIAL PREMISES TO A HABITABLE STANDARD IN A REASONABLE6
AMOUNT OF TIME.7
(II) A
LANDLORD THAT RECEIVES NOTICE FROM A TE NANT OF A8
HABITABILITY ISSUE REGARDING A RESIDENTIAL PREMISES THAT HAS BEEN9
CONTAMINATED DUE TO WATER DAMAGE , FIRE DAMAGE, OR DAMAGE DUE10
TO A NATURAL OR AN ENVIRONMENTAL EVENT SHALL PROVIDE , AT THE11
REQUEST OF THE TENANT , INSPECTION AND TESTING BY A CERTIFIED12
INDUSTRIAL HYGIENIST OR AN INDUSTRIAL HYGIENIST AT NO COST TO THE13
TENANT.14
(b) (I) A
LANDLORD SHALL REMEDIATE TO A HABITABLE15
STANDARD A RESIDENTIAL PREMISES THAT HAS BEEN CONTAMINATED DUE16
TO WATER DAMAGE, FIRE DAMAGE, OR OTHER DAMAGE DUE TO A NATURAL17
OR AN ENVIRONMENTAL EVENT OR DUE TO ANY OTHER HABITABILITY18
ISSUE THAT RESULTS IN THE RESIDENTIAL PREMISES NOT BEING SAFE FOR19
HABITABILITY AS DETERMINED BY A CERTIFIED INDUSTRIAL HYGIENIST OR20
AN INDUSTRIAL HYGIENIST PURSUANT TO SECTION 38-12-505 (1.5).21
(II) A
LANDLORD WHO HAS REMEDIATED A CONTAMINATED22
RESIDENTIAL PREMISES TO A HABITABLE STANDARD UNDER SUBSECTION23
(2.7)(b)(I)
OF THIS SECTION MUST OBTAIN CERTIFICATION FROM A24
CERTIFIED INDUSTRIAL HYGIENIST OR AN INDUSTRIAL HYGIENIST THAT THE25
RESIDENTIAL PREMISES IS SAFE FOR HABITABILITY.26
(c) A
LANDLORD'S SUBMISSION OF AN INSURANCE CLAIM FOR AN27
HB23-1254
-5- UNINHABITABLE OR A CONTAMINATED RESIDENTIAL PREMISES AFTER THE1
LANDLORD RECEIVES NOTICE FROM THE TENANT OF HABITABILITY ISSUES2
AT THE RESIDENTIAL PREMISES IS NOT CONSIDERED EVIDENCE OF3
REMEDIATION.4
(4) (a) If the notice sent pursuant to subsection (2)(b) of this5
section concerns a condition that is described by subsection (2)(a)(II)
OR6
(2)(a)(III) of this section, the landlord, at the request of the tenant, shall7
provide the tenant:8
SECTION 4. In Colorado Revised Statutes, 38-12-505, amend9
(1)(a), (1)(b)(XII), and (3); and add (1)(c), (1.5), and (4) as follows:10
38-12-505. Uninhabitable residential premises - habitability11
standards - rules. (1) A residential premises is deemed uninhabitable if:12
(a) There is mold that is associated with dampness, or there is any13
other condition causing the residential premises to be damp, which14
condition, if not remedied, would materially interfere with the health or15
safety of the tenant, excluding the presence of mold that is minor and16
found on surfaces that can accumulate moisture as part of their proper17
functioning and intended use; or
18
(b) It substantially lacks any of the following characteristics:19
(XII) Compliance with all applicable building, housing, and health20
codes, the violation of which would constitute a condition that materially21
interferes with the life, health, or safety of the tenant;
OR22
(c) T
HERE IS WATER DAMAGE, FIRE DAMAGE, OR OTHER DAMAGE23
DUE TO A NATURAL OR AN ENVIRONMENTAL EVENT OR THERE IS ANY24
OTHER HABITABILITY ISSUE THAT RESULTS IN THE RESIDENTIAL PREMISES25
BEING CONTAMINATED AT A LEVEL DETERMINED TO NOT BE SAFE FOR26
HABITABILITY BY A CERTIFIED INDUSTRIAL HYGIENIST OR AN INDUSTRIAL27
HB23-1254
-6- HYGIENIST PURSUANT TO SUBSECTION (1.5) OF THIS SECTION.1
(1.5) (a) A
CERTIFIED INDUSTRIAL HYGIENIST OR AN INDUSTRIAL2
HYGIENIST MAY DETERMINE THAT A RE SIDENTIAL PREMISES IS NOT SAFE3
FOR HABITABILITY IF AIR, WATER, OR OTHER CONTAMINANTS ARE PRESENT4
AT LEVELS THAT:5
(I) E
XCEED THE TOXIC AND HAZARDOUS SUBSTANCES STANDARDS6
ESTABLISHED BY THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH7
ADMINISTRATION AS SET FORTH IN 29 CFR 1910 SUBPART Z OR ANY8
SUCCESSOR FEDERAL OCCUPATIONAL SAFETY AND HEALTH9
ADMINISTRATION REGULATION REGARDING TOXIC AND HAZARDOUS10
SUBSTANCES STANDARDS ; OR11
(II) M
ATERIALLY INTERFERE WITH THE TENANT'S LIFE, HEALTH, OR12
SAFETY.13
(b) W
HEN DETERMINING IF A RESIDENTIAL PREMISES IS NOT SAFE14
FOR HABITABILITY DUE TO THE PRESENCE OF AIR , WATER, OR OTHER15
CONTAMINANTS AT LEVELS DESCRIBED IN SUBSECTION (1.5)(a) OF THIS16
SECTION, THE CERTIFIED INDUSTRIAL HYGIENIST OR INDUSTRIAL17
HYGIENIST SHALL CONSIDER HOW THE CONTAMINANT LEVELS OF THE18
RESIDENTIAL PREMISES IMPACT CHILDREN , INDIVIDUALS WITH ASTHMA,19
INDIVIDUALS WITH DISABILITIES, INDIVIDUALS WHO ARE PREGNANT , AND20
ANY OTHER INDIVIDUALS WITH HEALTH CONDITIONS THAT COULD MAKE21
THEM MORE SUSCEPTIBLE TO ENVIRONMENTAL CONTAMINANTS .22
(3) Unless the rental agreement provides otherwise as permitted
23
by section 38-12-506, before a residential premises is leased to a tenant,24
the A residential premises must comply with the requirements set forth in25
section 38-12-503 (1) and (2)(a)
BEFORE A RESIDENTIAL PREMISES IS26
LEASED TO A TENANT.27
HB23-1254
-7- (4) (a) ON OR AFTER JANUARY 1, 2025, AND BEFORE JANUARY 1,1
2026,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT , IN CONSULTATION2
WITH THE AIR QUALITY CONTROL COMMISSION CREATED IN SECTION3
25-7-104,
THE WATER QUALITY CONTROL COMMISSION CREATED IN4
SECTION 25-8-201, AND THE STATE BOARD OF HEALTH CREATED IN5
SECTION 25-1-103, SHALL PROMULGATE RULES TO ESTABLISH HEALTH AND6
SAFETY STANDARDS FOR HABITABILITY PERTAINING TO THE FOLLOWING :7
(I) I
NDOOR AIR QUALITY STANDARDS FOR PARTICULATE MATTER ,8
VOLATILE ORGANIC COMPOUNDS , AND OTHER AIR QUALITY9
CONTAMINANTS;10
(II) W
ATER QUALITY STANDARDS FOR DRINKING WATER ,11
INCLUDING LEVELS OF LEAD, OTHER HEAVY METALS, AND OTHER WATER12
CONTAMINANTS; AND13
(III) O
THER HEALTH AND SAFETY STANDARDS REGARDING THE14
HABITABILITY OF RESIDENTIAL PREMISES AS DEEMED NECESSARY BY THE15
EXECUTIVE DIRECTOR OF THE DEPARTMENT .16
(b) T
HE STANDARDS FOR HABITABILITY ESTABLISHED BY RULES17
PROMULGATED PURSUANT TO THIS SUBSECTION (4) MUST BE PROTECTIVE18
OF CHILDREN, INDIVIDUALS WITH ASTHMA , INDIVIDUALS WITH19
DISABILITIES, INDIVIDUALS WHO ARE PREGNANT , AND ANY OTHER20
INDIVIDUALS WITH HEALTH CONDITIONS THAT COULD MAKE THEM MORE21
SUSCEPTIBLE TO ENVIRONMENTAL CONTAMINANTS .22
(c) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY UPDATE23
THE RULES PROMULGATED PURSUANT TO THIS SUBSECTION (4) AS24
NECESSARY TO REFLECT UPDATED SCIENTIFIC AND ENVIRONMENTAL25
INFORMATION.26
(d) I
N PROMULGATING THE RULES DESCRIBED IN SUBSECTION (4)(a)27
HB23-1254
-8- OF THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL1
CONSULT WITH TENANTS , NATIONAL PUBLIC HEALTH EXPERTS , STATE2
PUBLIC HEALTH EXPERTS, LANDLORDS, CERTIFIED INDUSTRIAL HYGIENISTS3
AND INDUSTRIAL HYGIENISTS, AND OTHER STAKEHOLDERS .4
(e) T
HIS SUBSECTION (4) TAKES EFFECT JANUARY 1, 2025.5
SECTION 5. In Colorado Revised Statutes, repeal 38-12-506 as6
follows:7
38-12-506. Exception for certain single-family residences.8
(1) For a single-family residence premises for which a landlord does not
9
receive a subsidy from any governmental source, a landlord and tenant10
may agree in writing that the tenant is to perform specific repairs,11
maintenance tasks, alterations, and remodeling necessary to comply with12
section 38-12-503, subject to the following requirements:13
(a) The agreement of the landlord and tenant is entered into in14
good faith and is set forth in a writing that is separate from the rental15
agreement, signed by the parties, and supported by adequate16
consideration; and17
(b) The tenant has the requisite skills to perform the work required18
to comply with section 38-12-503 (1).19
(2) To the extent that performance by a tenant relates to a20
characteristic set forth in section 38-12-505 (1), the tenant assumes the21
obligation for the characteristic, and the lack of the characteristic does not22
make the residential premises uninhabitable.23
SECTION 6. In Colorado Revised Statutes, 38-12-507, amend24
(1)(b)(I)(B); and add (4) as follows:25
38-12-507. Breach of warranty of habitability - tenant's26
remedies. (1) If there is a breach of the warranty of habitability as set27
HB23-1254
-9- forth in section 38-12-503 (2):1
(b) (I) A tenant may obtain injunctive relief for breach of the2
warranty of habitability in any county or district court of competent3
jurisdiction. In a proceeding for injunctive relief, the court shall4
determine actual damages for a breach of the warranty at the time the5
court orders the injunctive relief. A landlord is not subject to any court6
order for injunctive relief if:7
(B) The proceeding for injunctive relief does not concern a8
condition described in section 38-12-503 (2)(a)(II)
OR (2)(a)(III) that has9
not been repaired or remedied.10
(4) I
F A CERTIFIED INDUSTRIAL HYGIENIST OR AN INDUSTRIAL11
HYGIENIST DETERMINES THAT A RESIDENTIAL PREMISES IS NOT SAFE FOR12
HABITABILITY PURSUANT TO SECTION 38-12-505 (1.5), AND A LANDLORD13
HAS NOT REMEDIATED THE RESIDENTIAL PREMISES IN A REASONABLE14
AMOUNT OF TIME, THE TENANT MAY CANCEL THE TENANT 'S LEASE IF:15
(a) T
HE TENANT HAS GIVEN THE LANDLORD NOTICE THAT THE16
RESIDENTIAL PREMISES IS NOT SAFE FOR HABITABILITY DUE TO THE17
PRESENCE OF AIR, WATER, OR OTHER CONTAMINANTS;18
(b) T
HE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE19
CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR20
HABITABILITY WITHIN TEN BUSINESS DAYS FROM THE COMPLETION OF THE21
INSPECTION AND TESTING BY A CERTIFIED INDUSTRIAL HYGIENIST OR AN22
INDUSTRIAL HYGIENIST;23
(c) T
HE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE HOUSING24
ACCOMMODATIONS FOR THE TENANT FOR THE DURATION OF THE TIME25
THAT THE RESIDENTIAL PREMISES IS BEING REMEDIATED ; AND26
(d) T
HE TENANT PROVIDES EVIDENCE FROM A DOCTOR THAT THE27
HB23-1254
-10- PRESENCE OF CONTAMINANTS AT THE RESIDENTIAL PREMISES IS1
MATERIALLY INTERFERING WITH THE TENANT 'S LIFE, HEALTH, OR SAFETY.2
SECTION 7. In Colorado Revised Statutes, 38-12-509, amend3
(1); and add (1.5) as follows:4
38-12-509. Prohibition on retaliation. (1) (a) A landlord shall5
not retaliate against a tenant by increasing rent or decreasing services or6
by bringing or threatening to bring an action for possession ENGAGING IN7
ANY OF THE ACTIVITIES SPECIFIED IN SUBSECTION (1)(b) OF THIS SECTION8
in response to the tenant:9
(a) (I) Having made a good faith complaint to the landlord or to10
a governmental agency alleging a condition described by section11
38-12-505 (1) or any condition that materially interferes with the life,12
health, or safety of the tenant; or13
(b) (II) Organizing or becoming a member of a tenants'14
association or similar organization.15
(b) P
ROHIBITED RETALIATION INCLUDES:16
(I) I
NCREASING RENT OR DECREASING SERVICES ;17
(II) T
ERMINATING A LEASE OR CONTRACT WITHOUT WRITTEN18
CONSENT OF THE TENANT EXCEPT AS OTHERWISE PROVIDED BY LAW ;19
(III) B
RINGING OR THREATENING TO BRING AN ACTION FOR20
POSSESSION; OR21
(IV) T
AKING ACTION THAT IN ANY MANNER INTIMIDATES ,22
THREATENS, DISCRIMINATES, OR RETALIATES AGAINST A TENANT.23
(1.5) T
HERE IS A REBUTTABLE PRESUMPTION THAT A LANDLORD24
RETALIATED AGAINST THE TENANT IF THE TENANT SUBMITTED A GOOD25
FAITH COMPLAINT ABOUT A HABITABILITY ISSUE CONCERNING THE26
TENANT'S RESIDENTIAL PREMISES AND THE LANDLORD SUBSEQUENTLY27
HB23-1254
-11- TERMINATED A LEASE OR CONTRACT WITH THE TENANT , UNLESS THE1
LANDLORD HAS DOCUMENTED EVIDENCE OF OTHER REASONS TO2
TERMINATE THE TENANT'S LEASE OR CONTRACT OR THE TERMINATION IS3
OTHERWISE AUTHORIZED BY LAW .4
SECTION 8. Safety clause. The general assembly hereby finds,5
determines, and declares that this act is necessary for the immediate6
preservation of the public peace, health, or safety.7
HB23-1254
-12-