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April 17, 2023 HB 23-1254
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated April 5, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0848
Rep. Brown; Mabrey
Date:
Bill Status:
Fiscal Analyst:
April 17, 2023
House Appropriations
Matt Bishop | 303-866-4796
matt.bishop@coleg.gov
Bill Topic: HABITABILITY OF RESIDENTIAL PREMISES
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill creates habitability standards for rental units following environmental events.
It may increase state revenue and expenditures beginning in FY 2023-24.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
This revised fiscal note reflects the introduced bill, as amended by the House
Transportation, Housing, and Local Government Committee.
Summary of Legislation
A landlord violates the warranty of habitability if any environmental contaminants are at unsafe levels
following an environmental public health event, as determined by certain national standards. The bill
updates the methods a tenant may use to notify their landlord of an unsafe condition and requires the
landlord to remediate any habitability issues. A tenant may terminate the lease if they have notified
the landlord of a habitability issue, the landlord fails to remediate the issue, and the landlord cannot
provide adequate alternative housing during the remediation.
State Revenue and Expenditures
To the extent that habitability issues lead to disputes between landlords and tenants, state revenue
and expenditures may increase in the Judicial Department as a result of increased civil case filings
with the trial courts. The fiscal note assumes that the number of additional cases will be minimal and
no change in appropriations is required. If an environmental public health event drives a significant
number of cases, additional resources will be requested through the annual budget process. Filing
fees are subject to TABOR.
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April 17, 2023 HB 23-1254
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State and Local Government Contacts
Information Technology Judicial Law
Local Affairs Public Health and Environment
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.