First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0848.02 Christopher McMichael x4775
HOUSE BILL 23-1254
House Committees Senate Committees
Transportation, Housing & Local Government
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CONDITIONS COVERED UNDER THE WARRANTY OF101
HABITABILITY FOR RESIDENTIAL PREMISES , AND, IN102
CONNECTION THEREWITH , SPECIFYING A LANDLORD 'S103
REQUIREMENTS TO REMEDIATE A RESIDENTIAL PREMISES THAT104
IS DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH105
EVENT, EXPANDING WHAT CONSTITUTES RETALIATION BY A106
LANDLORD, AND DESCRIBING SITUATIONS IN WHICH A TENANT107
MAY TERMINATE A LEASE AFTER THE PREMISES HAS BEEN108
DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT.109
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
HOUSE
3rd Reading Unamended
April 24, 2023
HOUSE
Amended 2nd Reading
April 21, 2023
HOUSE SPONSORSHIP
Brown and Mabrey, Amabile, deGruy Kennedy, Dickson, English, Epps, Froelich,
Garcia, Gonzales-Gutierrez, Herod, Jodeh, Joseph, Lindsay, Lindstedt, McCluskie,
Michaelson Jenet, Ortiz, Ricks, Sharbini, Sirota, Story, Titone, Velasco, Vigil, Weissman
SENATE SPONSORSHIP
Cutter,
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. 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
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 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 have concerns about the11
habitability of their residential premises after being subjected to an12
environmental public health event;13
1254-2- (d) After an environmental public health event, residential1
premises must be returned to a condition that protects the health and2
safety of residents from environmental contaminants, such as smoke, ash,3
and other toxic materials related to an environmental public health event;4
and5
(e) There is a need to promote the remediation of residential6
premises so that landlords, tenants, and insurance companies understand7
what remediation must be done and who is responsible for the8
remediation to make the premises habitable after an environmental public9
health event.10
(2) Therefore, the general assembly declares that it is in the best11
interest of Colorado residents to protect the health and safety of residents12
by ensuring that their homes are returned to a healthy, habitable, and safe13
condition after incurring damage due to an environmental public health14
event.15
SECTION 2. In Colorado Revised Statutes, 38-12-502, add (4.5)16
and (10) as follows:17
38-12-502. Definitions. As used in this part 5 and part 8 of this18
article 12, unless the context otherwise requires:19
(4.5) "ENVIRONMENTAL PUBLIC HEALTH EVENT" MEANS A20
NATURAL DISASTER OR AN ENVIRONMENTAL EVENT, SUCH AS A WILDFIRE,21
A FLOOD, OR A RELEASE OF TOXIC CONTAMINANTS, THAT COULD CREATE22
NEGATIVE HEALTH AND SAFETY IMPACTS FOR TENANTS THAT LIVE IN23
NEARBY RESIDENTIAL PREMISES.24
(10) "VULNERABLE POPULATION" MEANS CHILDREN, INDIVIDUALS25
WITH ASTHMA, INDIVIDUALS WITH DISABILITIES, INDIVIDUALS WHO ARE26
PREGNANT, OR ANY OTHER GROUP OF INDIVIDUALS THAT HAS HEALTH27
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-3- CONDITIONS THAT COULD MAKE THE INDIVIDUALS MORE SUSCEPTIBLE TO1
ENVIRONMENTAL CONTAMINANTS .2
SECTION 3. In Colorado Revised Statutes, 38-12-503, amend3
(2)(a), (2.3), (2.5), and (4)(a) introductory portion; and add (2.7) as4
follows:5
38-12-503. Warranty of habitability - notice - landlord6
obligations. (2) Except as described in subsection (2.2) of this section,7
a landlord breaches the warranty of habitability set forth in subsection (1)8
of this section if:9
(a) A residential premises is:10
(I) Uninhabitable as described in section 38-12-505 or otherwise11
unfit for human habitation; or12
(II) In a condition that materially interferes with the tenant's life,13
health, or safety; and OR14
(III) NOT IN COMPLIANCE WITH THE STANDARDS DESCRIBED IN15
SECTION 38-12-505 (1)(b)(XIII) FOR THE REMEDIATION AND CLEAN UP OF16
A RESIDENTIAL PREMISES THAT HAS BEEN DAMAGED DUE TO AN17
ENVIRONMENTAL PUBLIC HEALTH EVENT ; AND18
(2.3) A tenant who gives a landlord WRITTEN OR electronic notice19
of a condition shall send such THE notice only to the e-mail address,20
phone number, or electronic portal specified by the landlord in the rental21
agreement for communications. In the absence of such a provision in the22
rental agreement, the tenant shall communicate with the landlord in a23
manner that the landlord has previously used TYPICALLY USES to24
communicate with the tenant. The tenant shall retain sufficient proof of25
delivery of the electronic notice.26
(2.5) A landlord who THAT receives from a tenant written or27
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section shall:2
(a) Respond to the tenant not more than twenty-four hours after3
receiving the notice; EXCEPT THAT A LANDLORD MAY TAKE UP TO4
SEVENTY-TWO HOURS TO RESPOND TO THE TENANT AFTER RECEIVING THE5
NOTICE WHEN THE RESIDENTIAL PREMISES IS INACCESSIBLE BECAUSE OF6
DAMAGE DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT. The7
response must indicate the landlord's intentions for remedying the8
condition, including an estimate of when the remediation will commence9
and when it will be completed.10
(b) INFORM THE TENANT OF THE LANDLORD'S RESPONSIBILITIES11
UNDER SUBSECTION (4)(a) OF THIS SECTION IF THE REPORTED CONDITION12
CONCERNS A CONDITION DESCRIBED IN SUBSECTION (2)(a)(II) OR13
(2)(a)(III) OF THIS SECTION.14
(2.7) (a) A LANDLORD THAT RECEIVES NOTICE FROM A TENANT OF15
ANY HABITABILITY ISSUES, AS DESCRIBED IN SECTION 38-12-505 (1), WITH16
THE TENANT'S PREMISES IS RESPONSIBLE FOR REMEDIATION OF THE17
RESIDENTIAL PREMISES TO A HABITABLE STANDARD AT THE LANDLORD'S18
EXPENSE.19
(b) A LANDLORD THAT RECEIVES NOTICE FROM A TENANT OF A20
HABITABILITY ISSUE REGARDING A RESIDENTIAL PREMISES THAT HAS BEEN21
DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT SHALL22
COMPLY WITH THE STANDARDS DESCRIBED IN SECTION 38-12-50523
(1)(b)(XIII) WITHIN A REASONABLE AMOUNT OF TIME GIVEN THE24
CONDITION OF THE PREMISES AND AT THE LANDLORD 'S EXPENSE.25
(c) A LANDLORD THAT HAS REMEDIATED A RESIDENTIAL PREMISES26
TO A HABITABLE STANDARD FOLLOWING AN ENVIRONMENTAL PUBLIC27
1254
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DEMONSTRATES COMPLIANCE WITH THE STANDARDS DESCRIBED IN2
SECTION 38-12-505 (1)(b)(XIII).3
(d) A LANDLORD'S SUBMISSION OF AN INSURANCE CLAIM FOR AN4
UNINHABITABLE OR A CONTAMINATED RESIDENTIAL PREMISES AFTER THE5
LANDLORD RECEIVES NOTICE FROM THE TENANT OF HABITABILITY ISSUES6
AT THE RESIDENTIAL PREMISES IS NOT CONSIDERED EVIDENCE OF7
REMEDIATION.8
(4) (a) If the notice sent pursuant to subsection (2)(b) of this9
section concerns a condition that is described by subsection (2)(a)(II) OR10
(2)(a)(III) of this section, the landlord, at the request of the tenant, shall11
provide the tenant:12
SECTION 4. In Colorado Revised Statutes, 38-12-505, amend13
(1)(b)(XI), (1)(b)(XII), and (3); and add (1)(b)(XIII) as follows:14
38-12-505. Uninhabitable residential premises - habitability15
procedures - rules. (1) A residential premises is deemed uninhabitable16
if:17
(b) It substantially lacks any of the following characteristics:18
(XI) Locks on all exterior doors and locks or security devices on19
windows designed to be opened that are maintained in good working20
order; or21
(XII) Compliance with all applicable building, housing, and health22
codes, the violation of which would constitute a condition that materially23
interferes with the life, health, or safety of the tenant; OR24
(XIII) COMPLIANCE WITH APPLICABLE STANDARDS FROM THE25
AMERICAN NATIONAL STANDARDS INSTITUTE , OR ITS SUCCESSOR26
ORGANIZATION, FOR THE REMEDIATION AND CLEAN UP OF A RESIDENTIAL27
1254
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(3) Unless the rental agreement provides otherwise as permitted2
by section 38-12-506, Before a LANDLORD LEASES A residential premises3
is leased to a tenant, the LANDLORD MUST ENSURE THAT THE residential4
premises must comply with the requirements set forth in IS FIT FOR5
HUMAN HABITATION IN ACCORDANCE WITH section 38-12-503 (1) and6
(2)(a) THAT THE RESIDENTIAL PREMISES IS NOT IN A CONDITION DESCRIBED7
IN SECTION 38-12-503 (2)(a).8
SECTION 5. In Colorado Revised Statutes, 38-12-506, add (3)9
as follows:10
38-12-506. Exception for certain single-family residences.11
(3) NOTWITHSTANDING SUBSECTIONS (1) AND (2) OF THIS SECTION, A12
LANDLORD AND TENANT SHALL NOT ENTER INTO AN AGREEMENT FOR THE13
REPAIR, MAINTENANCE, ALTERATION, REMODELING, OR REMEDIATION OF14
A RESIDENTIAL PREMISES THAT IS NECESSARY TO COMPLY WITH SECTION15
38-12-503 THAT WOULD ENDANGER THE HEALTH OR SAFETY OF THE16
TENANT.17
SECTION 6. In Colorado Revised Statutes, 38-12-507, amend18
(1)(b)(I)(B); and add (4) and (5) as follows:19
38-12-507. Breach of warranty of habitability - tenant's20
remedies. (1) If there is a breach of the warranty of habitability as set21
forth in section 38-12-503 (2):22
(b) (I) A tenant may obtain injunctive relief for breach of the23
warranty of habitability in any county or district court of competent24
jurisdiction. In a proceeding for injunctive relief, the court shall25
determine actual damages for a breach of the warranty at the time the26
court orders the injunctive relief. A landlord is not subject to any court27
1254
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(B) The proceeding for injunctive relief does not concern a2
condition described in section 38-12-503 (2)(a)(II) OR (2)(a)(III) that has3
not been repaired or remedied.4
(4) IF A RESIDENTIAL PREMISES IS UNINHABITABLE PURSUANT TO5
SECTION 38-12-505 (1) AFTER BEING DAMAGED DUE TO AN6
ENVIRONMENTAL PUBLIC HEALTH EVENT, THE TENANT MAY TERMINATE7
THE TENANT'S LEASE IF: 8
(a) THE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE9
CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR10
HABITABILITY WITHIN SIXTY BUSINESS DAYS AFTER THE LANDLORD HAS11
RECEIVED NOTICE OF THE HABITABILITY ISSUE FROM THE TENANT ;12
(b) THE TENANT HAS GIVEN THE L ANDLORD WR ITTEN OR13
ELECTRONIC NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR14
HABITABILITY DUE TO DAMAGE FROM AN ENVIRONMENTAL PUBLIC HEALTH15
EVENT; AND16
(c) THE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE17
ALTERNATIVE HOUSING ACCOMMODATIONS FOR THE TENANT, PURSUANT18
TO SECTION 38-12-503 (4), FOR THE DURATION OF THE TIME THAT THE19
RESIDENTIAL PREMISES IS BEING REMEDIATED .20
(5) NOTWITHSTANDING SUBSECTION (4) OF THIS SECTION, IF A21
TENANT IS A MEMBER OF A VULNERABLE POPULATION, THE TENANT MAY22
TERMINATE THE TENANT'S LEASE OR AGREEMENT AFTER THE RESIDENTIAL23
PREMISES HAS BEEN DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC24
HEALTH EVENT IF:25
(a) THE TENANT HAS GIVEN THE LANDLORD WRITTEN OR26
ELECTRONIC NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR27
1254
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EVENT;2
(b) THE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE3
CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR4
HABITABILITY FOR THE TENANT WHO IS A MEMBER OF A VULNERABLE5
POPULATION;6
(c) THE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE7
ALTERNATIVE HOUSING ACCOMMODATIONS FOR THE TENANT, PURSUANT8
TO SECTION 38-12-503 (4), FOR THE DURATION OF THE TIME THAT THE9
RESIDENTIAL PREMISES IS BEING REMEDIATED ; AND10
(d) THE TENANT PROVIDES THE LANDLORD WITH EVIDENCE FROM11
A LICENSED MEDICAL DOCTOR THAT THE TENANT'S CONDITION IS SUCH12
THAT TO CONTINUE LIVING IN A RESIDENTIAL PREMISES THAT HAS BEEN13
DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT WOULD BE14
DETRIMENTAL TO THE TENANT 'S HEALTH, SAFETY, OR QUALITY OF LIFE.15
SECTION 7. In Colorado Revised Statutes, 38-12-509, amend16
(1); and add (1.5) as follows:17
38-12-509. Prohibition on retaliation. (1) (a) A landlord shall18
not retaliate against a tenant by increasing rent or decreasing services or19
by bringing or threatening to bring an action for possession ENGAGING IN20
ANY OF THE ACTIVITIES SPECIFIED IN SUBSECTION (1)(b) OF THIS SECTION21
in response to the tenant:22
(a) (I) Having made a good faith complaint to the landlord or to23
a governmental agency alleging a condition described by section24
38-12-505 (1) or any condition that materially interferes with the life,25
health, or safety of the tenant; or26
(b) (II) Organizing or becoming a member of a tenants'27
1254
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(b) PROHIBITED RETALIATION INCLUDES:2
(I) INCREASING RENT OR DECREASING SERVICES ;3
(II) TERMINATING A LEASE OR CONTRACT WITHOUT WRITTEN4
CONSENT OF THE TENANT EXCEPT AS OTHERWISE PROVIDED BY LAW ;5
(III) BRINGING OR THREATENING TO BRING AN ACTION FOR6
POSSESSION; OR7
(IV) TAKING ACTION THAT IN ANY MANNER INTIMIDATES ,8
THREATENS, DISCRIMINATES, OR RETALIATES AGAINST A TENANT.9
(1.5) A TENANT MAY ASSERT AS A DEFENSE TO A LANDLORD'S10
ACTION FOR POSSESSION, INCLUDING AN ACTION FOR POSSESSION BASED11
ON A NONMONETARY VIOLATION OF THE RENTAL AGREEMENT OR AN12
ACTION FOR POSSESSION BASED UPON A NOTICE TO QUIT OR VACATE, THAT13
THE LANDLORD RETALIATED AGAINST THE TENANT IN VIOLATION OF14
SUBSECTION (1) OF THIS SECTION.15
SECTION 8. Safety clause. The general assembly hereby finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety.18
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