Colorado 2023 Regular Session

Colorado House Bill HB1254 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	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0848.02 Christopher McMichael x4775
1	8		HOUSE BILL 23-1254
2		-	BY REPRESENTATIVE(S) Brown and Mabrey, Amabile,
3		-	deGruy Kennedy, Dickson, English, Epps, Froelich, Garcia,
4		-	Gonzales-Gutierrez, Herod, Jodeh, Joseph, Lindsay, Lindstedt,
5		-	Michaelson Jenet, Ortiz, Ricks, Sharbini, Sirota, Story, Titone, Velasco,
6		-	Vigil, Weissman, McCluskie;
7		-	also SENATOR(S) Cutter, Buckner, Exum, Fields, Hansen, Jaquez Lewis,
8		-	Priola, Sullivan.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Local Government & Housing
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING THE CONDITIONS COVERED UNDER THE WARRANTY OF
11		-	HABITABILITY FOR RESIDENTIAL PREMISES
12		-	, AND, IN CONNECTION
13		-	THEREWITH
14		-	, SPECIFYING A LANDLORD 'S REQUIREMENTS TO
15		-	REMEDIATE A RESIDENTIAL PREMISES THAT IS DAMAGED DUE TO AN
16		-	ENVIRONMENTAL PUBLIC HEALTH EVENT
17		-	, EXPANDING WHAT
18		-	CONSTITUTES RETALIATION BY A LANDLORD
19		-	, AND DESCRIBING
20		-	SITUATIONS IN WHICH A TENANT MAY TERMINATE A LEASE AFTER THE
21		-	PREMISES HAS BEEN DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC
22		-	HEALTH EVENT
23		-	.
24		-	Be it enacted by the General Assembly of the State of Colorado:
25		-	SECTION 1. Legislative declaration. (1) The general assembly
26		-	finds and declares that:
27		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
28		-	officers and the Governor. To determine whether the Governor has signed the bill
29		-	or taken other action on it, please consult the legislative status sheet, the legislative
30		-	history, or the Session Laws.
31		-	________
32		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
33		-	through words or numbers indicate deletions from existing law and such material is not part of
34		-	the act. (a) Colorado has experienced record-breaking wildfires in recent
35		-	years, including the Marshall fire, which burned over 6,000 acres and nearly
36		-	1,100 homes in a highly urbanized area, resulting in more than $500 million
37		-	in damages;
38		-	(b) After the Marshall fire, many renters struggled to secure safe,
39		-	habitable housing due to significant damage from smoke, ash, and other air
40		-	contaminants;
41		-	(c) It is typical for nearby residents to have concerns about the
42		-	habitability of their residential premises after being subjected to an
43		-	environmental public health event;
44		-	(d) After an environmental public health event, residential premises
45		-	must be returned to a condition that protects the health and safety of
46		-	residents from environmental contaminants, such as smoke, ash, and other
47		-	toxic materials related to an environmental public health event; and
48		-	(e) There is a need to promote the remediation of residential
49		-	premises so that landlords, tenants, and insurance companies understand
50		-	what remediation must be done and who is responsible for the remediation
51		-	to make the premises habitable after an environmental public health event.
52		-	(2) Therefore, the general assembly declares that it is in the best
53		-	interest of Colorado residents to protect the health and safety of residents
54		-	by ensuring that their homes are returned to a healthy, habitable, and safe
55		-	condition after incurring damage due to an environmental public health
56		-	event.
57		-	SECTION 2. In Colorado Revised Statutes, 38-12-502, add (4.5)
58		-	and (10) as follows:
59		-	38-12-502. Definitions. As used in this part 5 and part 8 of this
60		-	article 12, unless the context otherwise requires:
61		-	(4.5) "E
62		-	NVIRONMENTAL PUBLIC HEALTH EVENT " MEANS A NATURAL
63		-	DISASTER OR AN ENVIRONMENTAL EVENT
64		-	, SUCH AS A WILDFIRE, A FLOOD, OR
65		-	A RELEASE OF TOXIC CONTAMINANTS
66		-	, THAT COULD CREATE NEGATIVE
67		-	HEALTH AND SAFETY IMPACTS FOR TENANTS THAT LIVE IN NEARBY
68		-	PAGE 2-HOUSE BILL 23-1254 RESIDENTIAL PREMISES.
69		-	(10) "V
70		-	ULNERABLE POPULATION" MEANS CHILDREN, INDIVIDUALS
71		-	WITH ASTHMA
72		-	, INDIVIDUALS WITH DISABILITIES, INDIVIDUALS WHO ARE
73		-	PREGNANT
74		-	, OR ANY OTHER GROUP OF INDIVIDUALS THAT HAS HEALTH
75		-	CONDITIONS THAT COULD MAKE THE INDIVIDUALS MORE SUSCEPTIBLE TO
76		-	ENVIRONMENTAL CONTAMINANTS
77		-	.
78		-	SECTION 3. In Colorado Revised Statutes, 38-12-503, amend
79		-	(2)(a), (2.3), (2.5), and (4)(a) introductory portion; and add (2.7) as follows:
80		-	38-12-503. Warranty of habitability - notice - landlord
81		-	obligations. (2) Except as described in subsection (2.2) of this section, a
82		-	landlord breaches the warranty of habitability set forth in subsection (1) of
83		-	this section if:
84		-	(a) A residential premises is:
85		-	(I) Uninhabitable as described in section 38-12-505 or otherwise
86		-	unfit for human habitation; or
87		-	(II) In a condition that materially interferes with the tenant's life,
88		-	health, or safety; and OR
89		-	(III) NOT IN COMPLIANCE WITH THE STANDARDS DESCRIBED IN
90		-	SECTION
91		-	38-12-505 (1)(b)(XIII) FOR THE REMEDIATION AND CLEAN UP OF A
92		-	RESIDENTIAL PREMISES THAT HAS BEEN DAMAGED DUE TO AN
93		-	ENVIRONMENTAL PUBLIC HEALTH EVENT
94		-	; AND
95		-	(2.3) A tenant who gives a landlord WRITTEN OR electronic notice
96		-	of a condition shall send such
97		-	THE notice only to the e-mail address, phone
98		-	number, or electronic portal specified by the landlord in the rental
99		-	agreement for communications. In the absence of such a provision in the
100		-	rental agreement, the tenant shall communicate with the landlord in a
101		-	manner that the landlord has previously used TYPICALLY USES to
102		-	communicate with the tenant. The tenant shall retain sufficient proof of
103		-	delivery of the electronic
104		-	notice.
105		-	(2.5) A landlord who THAT receives from a tenant written or
106		-	electronic notice of a condition described by subsection (2)(a) of this
107		-	PAGE 3-HOUSE BILL 23-1254 section shall:
108		-	(a) Respond to the tenant not more than twenty-four hours after
109		-	receiving the notice;
110		-	EXCEPT THAT A LANDLORD MAY TAKE UP TO
111		-	SEVENTY
112		-	-TWO HOURS TO RESPOND TO THE TENANT AFTER RECEIVING THE
113		-	NOTICE WHEN THE RESIDENTIAL PREMISES IS INACCESSIBLE BECAUSE OF
114		-	DAMAGE DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT
115		-	. The response
116		-	must indicate the landlord's intentions for remedying the condition,
117		-	including an estimate of when the remediation will commence and when it
118		-	will be completed.
119		-	(b) I
120		-	NFORM THE TENANT OF THE LANDLORD 'S RESPONSIBILITIES
121		-	UNDER SUBSECTION
122		-	(4)(a) OF THIS SECTION IF THE REPORTED CONDITION
123		-	CONCERNS A CONDITION DESCRIBED IN SUBSECTION
124		-	(2)(a)(II) OR (2)(a)(III)
125		-	OF THIS SECTION.
126		-	(2.7) (a) A
127		-	LANDLORD THAT RECEIVES NOTICE FROM A TENANT OF
128		-	ANY HABITABILITY ISSUES
129		-	, AS DESCRIBED IN SECTION 38-12-505 (1), WITH
130		-	THE TENANT
131		-	'S PREMISES IS RESPONSIBLE FOR REMEDIATION OF THE
132		-	RESIDENTIAL PREMISES TO A HABITABLE STANDARD AT THE LANDLORD
133		-	'S
134		-	EXPENSE
135		-	.
136		-	(b) A
137		-	LANDLORD THAT RECEIVES NOTICE FROM A TENANT OF A
138		-	HABITABILITY ISSUE REGARDING A RESIDENTIAL PREMISES THAT HAS BEEN
139		-	DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT SHALL
140		-	COMPLY WITH THE STANDARDS DESCRIBED IN SECTION
141		-	38-12-505
142		-	(1)(b)(XIII)
143		-	WITHIN A REASONABLE AMOUNT OF TIME GIVEN THE CONDITION
144		-	OF THE PREMISES AND AT THE LANDLORD
145		-	'S EXPENSE.
146		-	(c) A
147		-	LANDLORD THAT HAS REMEDIATED A RESIDENTIAL PREMISES
148		-	TO A HABITABLE STANDARD FOLLOWING AN ENVIRONMENTAL PUBLIC
149		-	HEALTH EVENT MUST PROVIDE THE TENANT WITH DOCUMENTATION THAT
150		-	DEMONSTRATES COMPLIANCE WITH THE STANDARDS DESCRIBED IN SECTION
151		-	38-12-505 (1)(b)(XIII).
152		-	(d) A
153		-	LANDLORD'S SUBMISSION OF AN INSURANCE CLAIM FOR AN
154		-	UNINHABITABLE OR A CONTAMINATED RESIDENTIAL PREMISES AFTER THE
155		-	LANDLORD RECEIVES NOTICE FROM THE TENANT OF HABITABILITY ISSUES AT
156		-	THE RESIDENTIAL PREMISES IS NOT CONSIDERED EVIDENCE OF REMEDIATION
157		-	.
158		-	PAGE 4-HOUSE BILL 23-1254 (4) (a) If the notice sent pursuant to subsection (2)(b) of this section
159		-	concerns a condition that is described by subsection (2)(a)(II)
160		-	OR (2)(a)(III)
161		-	of this section, the landlord, at the request of the tenant, shall provide the
162		-	tenant:
163		-	SECTION 4. In Colorado Revised Statutes, 38-12-505, amend
164		-	(1)(b)(XI), (1)(b)(XII), and (3); and add (1)(b)(XIII) as follows:
165		-	38-12-505. Uninhabitable residential premises - habitability
166		-	procedures - rules. (1) A residential premises is deemed uninhabitable if:
167		-	(b) It substantially lacks any of the following characteristics:
168		-	(XI) Locks on all exterior doors and locks or security devices on
169		-	windows designed to be opened that are maintained in good working order;
170		-	or
171		-	(XII) Compliance with all applicable building, housing, and health
172		-	codes, the violation of which would constitute a condition that materially
173		-	interferes with the life, health, or safety of the tenant;
174		-	OR
175		-	(XIII) COMPLIANCE WITH APPLICABLE STANDARDS FROM THE
176		-	AMERICAN NATIONAL STANDARDS INSTITUTE , OR ITS SUCCESSOR
177		-	ORGANIZATION
178		-	, FOR THE REMEDIATION AND CLEAN UP OF A RESIDENTIAL
179		-	PREMISES FOLLOWING AN ENVIRONMENTAL PUBLIC HEALTH EVENT
180		-	.
181		-	(3) Unless the rental agreement provides otherwise as permitted by
182		-	section 38-12-506, Before a LANDLORD LEASES A residential premises is
183		-	leased to a tenant, the LANDLORD MUST ENSURE THAT THE residential
184		-	premises must comply with the requirements set forth in IS FIT FOR HUMAN
185		-	HABITATION IN ACCORDANCE WITH
186		-	section 38-12-503 (1) and (2)(a)
187		-	THAT
188		-	THE RESIDENTIAL PREMISES IS NOT IN A CONDITION DESCRIBED IN SECTION
189		-	38-12-503 (2)(a).
190		-	SECTION 5. In Colorado Revised Statutes, 38-12-506, add (3) as
191		-	follows:
192		-	38-12-506. Exception for certain single-family residences.
193		-	(3) N
194		-	OTWITHSTANDING SUBSECTIONS (1) AND (2) OF THIS SECTION, A
195		-	LANDLORD AND TENANT SHALL NOT ENTER INTO AN AGREEMENT FOR THE
196		-	PAGE 5-HOUSE BILL 23-1254 REPAIR, MAINTENANCE, ALTERATION, REMODELING, OR REMEDIATION OF A
197		-	RESIDENTIAL PREMISES THAT IS NECESSARY TO COMPLY WITH SECTION
198		-	38-12-503 THAT WOULD ENDANGER THE HEALTH OR SAFETY OF THE TE NANT .
199		-	SECTION 6. In Colorado Revised Statutes, 38-12-507, amend
200		-	(1)(b)(I)(B); and add (4) and (5) as follows:
201		-	38-12-507. Breach of warranty of habitability - tenant's
202		-	remedies. (1) If there is a breach of the warranty of habitability as set forth
203		-	in section 38-12-503 (2):
204		-	(b) (I) A tenant may obtain injunctive relief for breach of the
205		-	warranty of habitability in any county or district court of competent
206		-	jurisdiction. In a proceeding for injunctive relief, the court shall determine
207		-	actual damages for a breach of the warranty at the time the court orders the
208		-	injunctive relief. A landlord is not subject to any court order for injunctive
209		-	relief if:
210		-	(B) The proceeding for injunctive relief does not concern a
211		-	condition described in section 38-12-503 (2)(a)(II)
212		-	OR (2)(a)(III) that has
213		-	not been repaired or remedied.
214		-	(4) I
215		-	F A RESIDENTIAL PREMISES IS UNINHABITABLE PURSUANT TO
216		-	SECTION
217		-	38-12-505 (1) AFTER BEING DAMAGED DUE TO AN ENVIRONMENTAL
218		-	PUBLIC HEALTH EVENT
219		-	, THE TENANT MAY TERMINATE THE TENANT 'S LEASE
220		-	IF
221		-	:
222		-	(a) T
223		-	HE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE
224		-	CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR
225		-	HABITABILITY WITHIN SIXTY BUSINESS DAYS AFTER THE LANDLORD HAS
226		-	RECEIVED NOTICE OF THE HABITABILITY ISSUE FROM THE TENANT
227		-	;
228		-	(b) T
229		-	HE TENANT HAS GIVEN THE LANDLORD WRITTEN OR ELECTRONIC
230		-	NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR HABITABILITY
231		-	DUE TO DAMAGE FROM AN ENVIRONMENTAL PUBLIC HEALTH EVENT
232		-	; AND
233		-	(c) THE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE
234		-	ALTERNATIVE HOUSING ACCOMMODATIONS FOR THE TENANT
235		-	, PURSUANT TO
236		-	SECTION
237		-	38-12-503 (4), FOR THE DURATION OF THE TIME THAT THE
238		-	RESIDENTIAL PREMISES IS BEING REMEDIATED
239		-	.
240		-	PAGE 6-HOUSE BILL 23-1254 (5) NOTWITHSTANDING SUBSECTION (4) OF THIS SECTION, IF A
241		-	TENANT IS A MEMBER OF A VULNERABLE POPULATION
242		-	, THE TENANT MAY
243		-	TERMINATE THE TENANT
244		-	'S LEASE OR AGREEMENT AFTER THE RESIDENTIAL
245		-	PREMISES HAS BEEN DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH
246		-	EVENT IF
247		-	:
248		-	(a) T
249		-	HE TENANT HAS GIVEN THE LANDLORD WRITTEN OR ELECTRONIC
250		-	NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR HABITABILITY
251		-	DUE TO DAMAGE FROM AN ENVIRONMENTAL PUBLIC HEALTH EVENT
252		-	;
253		-	(b) T
254		-	HE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE
255		-	CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR
256		-	HABITABILITY FOR THE TENANT WHO IS A MEMBER OF A VULNERABLE
257		-	POPULATION
258		-	;
259		-	(c) T
260		-	HE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE
261		-	ALTERNATIVE HOUSING ACCOMMODATIONS FOR THE TENANT
262		-	, PURSUANT TO
263		-	SECTION
264		-	38-12-503 (4), FOR THE DURATION OF THE TIME THAT THE
265		-	RESIDENTIAL PREMISES IS BEING REMEDIATED
266		-	; AND
267		-	(d) THE TENANT PROVIDES THE LANDLORD WITH EVIDENCE FROM A
268		-	LICENSED MEDICAL DOCTOR THAT THE TENANT
269		-	'S CONDITION IS SUCH THAT
270		-	TO CONTINUE LIVING IN A RESIDENTIAL PREMISES THAT HAS BEEN DAMAGED
271		-	DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT WOULD BE
272		-	DETRIMENTAL TO THE TENANT
273		-	'S HEALTH, SAFETY, OR QUALITY OF LIFE.
274		-	SECTION 7. In Colorado Revised Statutes, 38-12-509, amend (1);
275		-	and add (1.5) as follows:
276		-	38-12-509. Prohibition on retaliation. (1) (a) A landlord shall not
277		-	retaliate against a tenant by increasing rent or decreasing services or by
278		-	bringing or threatening to bring an action for possession ENGAGING IN ANY
279		-	OF THE ACTIVITIES SPECIFIED IN SUBSECTION
280		-	(1)(b) OF THIS SECTION in
281		-	response to the tenant:
282		-	(a)
283		-	(I) Having made a good faith complaint to the landlord or to a
284		-	governmental agency alleging a condition described by section 38-12-505
285		-	(1) or any condition that materially interferes with the life, health, or safety
286		-	of the tenant; or
287		-	PAGE 7-HOUSE BILL 23-1254 (b) (II) Organizing or becoming a member of a tenants' association
288		-	or similar organization.
289		-	(b) P
290		-	ROHIBITED RETALIATION INCLUDES:
291		-	(I) I
292		-	NCREASING RENT OR DECREASING SERVICES ;
293		-	(II) T
294		-	ERMINATING A LEASE OR CONTRACT WITHOUT WRITTEN
295		-	CONSENT OF THE TENANT EXCEPT AS OTHERWISE PROVIDED BY LAW
296		-	;
297		-	(III) B
298		-	RINGING OR THREATENING TO BRING AN ACTION FOR
299		-	POSSESSION
300		-	; OR
301		-	(IV) TAKING ACTION THAT IN ANY MANNER INTIMIDATES ,
302		-	THREATENS, DISCRIMINATES, OR RETALIATES AGAINST A TENANT.
303		-	(1.5) A
304		-	TENANT MAY ASSERT AS A DEFENSE TO A LANDLORD 'S
305		-	ACTION FOR POSSESSION
306		-	, INCLUDING AN ACTION FOR POSSESSION BASED ON
307		-	A NONMONETARY VIOLATION OF THE RENTAL AGREEMENT OR AN ACTION FOR
308		-	POSSESSION BASED UPON A NOTICE TO QUIT OR VACATE
309		-	, THAT THE
310		-	LANDLORD RETALIATED AGAINST THE TENANT IN VIOLATION OF SUBSECTION
311		-	(1) OF THIS SECTION.
312		-	SECTION 8. Safety clause. The general assembly hereby finds,
313		-	PAGE 8-HOUSE BILL 23-1254 determines, and declares that this act is necessary for the immediate
314		-	preservation of the public peace, health, or safety.
315		-	____________________________ ____________________________
316		-	Julie McCluskie Steve Fenberg
317		-	SPEAKER OF THE HOUSE PRESIDENT OF
318		-	OF REPRESENTATIVES THE SENATE
319		-	____________________________ ____________________________
320		-	Robin Jones Cindi L. Markwell
321		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
322		-	OF REPRESENTATIVES THE SENATE
323		-	APPROVED________________________________________
324		-	(Date and Time)
325		-	_________________________________________
326		-	Jared S. Polis
327		-	GOVERNOR OF THE STATE OF COLORADO
328		-	PAGE 9-HOUSE BILL 23-1254
	14	+	ONCERNING THE CONDITIONS COVERED UNDER THE WARRANTY OF101
	15	+	HABITABILITY FOR RESIDENTIAL PREMISES , AND, IN102
	16	+	CONNECTION THEREWITH , SPECIFYING A LANDLORD 'S103
	17	+	REQUIREMENTS TO REMEDIATE A RESIDENTIAL PREMISES THAT104
	18	+	IS DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH105
	19	+	EVENT, EXPANDING WHAT CONSTITUTES RETALIATION BY A106
	20	+	LANDLORD, AND DESCRIBING SITUATIONS IN WHICH A TENANT107
	21	+	MAY TERMINATE A LEASE AFTER THE PREMISES HAS BEEN108
	22	+	DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT.109
	23	+	Bill Summary
	24	+	(Note: This summary applies to this bill as introduced and does
	25	+	not reflect any amendments that may be subsequently adopted. If this bill
	26	+	passes third reading in the house of introduction, a bill summary that
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	May 4, 2023
	30	+	SENATE
	31	+	2nd Reading Unamended
	32	+	May 3, 2023
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	April 24, 2023
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	April 21, 2023
	39	+	HOUSE SPONSORSHIP
	40	+	Brown and Mabrey, Amabile, deGruy Kennedy, Dickson, English, Epps, Froelich,
	41	+	Garcia, Gonzales-Gutierrez, Herod, Jodeh, Joseph, Lindsay, Lindstedt, McCluskie,
	42	+	Michaelson Jenet, Ortiz, Ricks, Sharbini, Sirota, Story, Titone, Velasco, Vigil, Weissman
	43	+	SENATE SPONSORSHIP
	44	+	Cutter, Buckner, Exum, Fields, Hansen, Jaquez Lewis, Priola, Sullivan
	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. applies to the reengrossed version of this bill will be available at
	48	+	http://leg.colorado.gov.)
	49	+	The bill expands conditions covered under the warranty of
	50	+	habitability for residential premises in relation to indoor air quality, water
	51	+	quality, and other health and safety issues. The bill adds water damage,
	52	+	fire damage, and damage due to a natural or an environmental event as
	53	+	conditions under which a residential premises is deemed uninhabitable.
	54	+	The bill requires a landlord to have a residential premises
	55	+	inspected and tested by a certified industrial hygienist or an industrial
	56	+	hygienist to determine if the premises is safe for habitability. The bill also
	57	+	clarifies landlord responsibilities in remediating a residential premises to
	58	+	a habitable standard and how a tenant must give notice to a landlord if
	59	+	there are habitability issues with the tenant's residence.
	60	+	The bill directs the executive director of the department of public
	61	+	health and environment to establish health and safety standards for
	62	+	habitability by January 1, 2026.
	63	+	The bill prohibits a landlord from retaliating against a tenant for
	64	+	making a good faith complaint about the conditions of the residential
	65	+	premises and provides conditions by which a tenant may terminate a lease
	66	+	if a habitability issue is not remediated.
	67	+	Be it enacted by the General Assembly of the State of Colorado:1
	68	+	SECTION 1. Legislative declaration. (1) The general assembly2
	69	+	finds and declares that:3
	70	+	(a) Colorado has experienced record-breaking wildfires in recent4
	71	+	years, including the Marshall fire, which burned over 6,000 acres and5
	72	+	nearly 1,100 homes in a highly urbanized area, resulting in more than6
	73	+	$500 million in damages;7
	74	+	(b) After the Marshall fire, many renters struggled to secure safe,8
	75	+	habitable housing due to significant damage from smoke, ash, and other9
	76	+	air contaminants;10
	77	+	(c) It is typical for nearby residents to have concerns about the11
	78	+	habitability of their residential premises after being subjected to an12
	79	+	environmental public health event;13
	80	+	1254-2- (d) After an environmental public health event, residential1
	81	+	premises must be returned to a condition that protects the health and2
	82	+	safety of residents from environmental contaminants, such as smoke, ash,3
	83	+	and other toxic materials related to an environmental public health event;4
	84	+	and5
	85	+	(e) There is a need to promote the remediation of residential6
	86	+	premises so that landlords, tenants, and insurance companies understand7
	87	+	what remediation must be done and who is responsible for the8
	88	+	remediation to make the premises habitable after an environmental public9
	89	+	health event.10
	90	+	(2) Therefore, the general assembly declares that it is in the best11
	91	+	interest of Colorado residents to protect the health and safety of residents12
	92	+	by ensuring that their homes are returned to a healthy, habitable, and safe13
	93	+	condition after incurring damage due to an environmental public health14
	94	+	event.15
	95	+	SECTION 2. In Colorado Revised Statutes, 38-12-502, add (4.5)16
	96	+	and (10) as follows:17
	97	+	38-12-502. Definitions. As used in this part 5 and part 8 of this18
	98	+	article 12, unless the context otherwise requires:19
	99	+	(4.5) "ENVIRONMENTAL PUBLIC HEALTH EVENT" MEANS A20
	100	+	NATURAL DISASTER OR AN ENVIRONMENTAL EVENT, SUCH AS A WILDFIRE,21
	101	+	A FLOOD, OR A RELEASE OF TOXIC CONTAMINANTS, THAT COULD CREATE22
	102	+	NEGATIVE HEALTH AND SAFETY IMPACTS FOR TENANTS THAT LIVE IN23
	103	+	NEARBY RESIDENTIAL PREMISES.24
	104	+	(10) "VULNERABLE POPULATION" MEANS CHILDREN, INDIVIDUALS25
	105	+	WITH ASTHMA, INDIVIDUALS WITH DISABILITIES, INDIVIDUALS WHO ARE26
	106	+	PREGNANT, OR ANY OTHER GROUP OF INDIVIDUALS THAT HAS HEALTH27
	107	+	1254
	108	+	-3- CONDITIONS THAT COULD MAKE THE INDIVIDUALS MORE SUSCEPTIBLE TO1
	109	+	ENVIRONMENTAL CONTAMINANTS .2
	110	+	SECTION 3. In Colorado Revised Statutes, 38-12-503, amend3
	111	+	(2)(a), (2.3), (2.5), and (4)(a) introductory portion; and add (2.7) as4
	112	+	follows:5
	113	+	38-12-503. Warranty of habitability - notice - landlord6
	114	+	obligations. (2) Except as described in subsection (2.2) of this section,7
	115	+	a landlord breaches the warranty of habitability set forth in subsection (1)8
	116	+	of this section if:9
	117	+	(a) A residential premises is:10
	118	+	(I) Uninhabitable as described in section 38-12-505 or otherwise11
	119	+	unfit for human habitation; or12
	120	+	(II) In a condition that materially interferes with the tenant's life,13
	121	+	health, or safety; and OR14
	122	+	(III) NOT IN COMPLIANCE WITH THE STANDARDS DESCRIBED IN15
	123	+	SECTION 38-12-505 (1)(b)(XIII) FOR THE REMEDIATION AND CLEAN UP OF16
	124	+	A RESIDENTIAL PREMISES THAT HAS BEEN DAMAGED DUE TO AN17
	125	+	ENVIRONMENTAL PUBLIC HEALTH EVENT ; AND18
	126	+	(2.3) A tenant who gives a landlord WRITTEN OR electronic notice19
	127	+	of a condition shall send such THE notice only to the e-mail address,20
	128	+	phone number, or electronic portal specified by the landlord in the rental21
	129	+	agreement for communications. In the absence of such a provision in the22
	130	+	rental agreement, the tenant shall communicate with the landlord in a23
	131	+	manner that the landlord has previously used TYPICALLY USES to24
	132	+	communicate with the tenant. The tenant shall retain sufficient proof of25
	133	+	delivery of the electronic notice.26
	134	+	(2.5) A landlord who THAT receives from a tenant written or27
	135	+	1254
	136	+	-4- electronic notice of a condition described by subsection (2)(a) of this1
	137	+	section shall:2
	138	+	(a) Respond to the tenant not more than twenty-four hours after3
	139	+	receiving the notice; EXCEPT THAT A LANDLORD MAY TAKE UP TO4
	140	+	SEVENTY-TWO HOURS TO RESPOND TO THE TENANT AFTER RECEIVING THE5
	141	+	NOTICE WHEN THE RESIDENTIAL PREMISES IS INACCESSIBLE BECAUSE OF6
	142	+	DAMAGE DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT. The7
	143	+	response must indicate the landlord's intentions for remedying the8
	144	+	condition, including an estimate of when the remediation will commence9
	145	+	and when it will be completed.10
	146	+	(b) INFORM THE TENANT OF THE LANDLORD'S RESPONSIBILITIES11
	147	+	UNDER SUBSECTION (4)(a) OF THIS SECTION IF THE REPORTED CONDITION12
	148	+	CONCERNS A CONDITION DESCRIBED IN SUBSECTION (2)(a)(II) OR13
	149	+	(2)(a)(III) OF THIS SECTION.14
	150	+	(2.7) (a) A LANDLORD THAT RECEIVES NOTICE FROM A TENANT OF15
	151	+	ANY HABITABILITY ISSUES, AS DESCRIBED IN SECTION 38-12-505 (1), WITH16
	152	+	THE TENANT'S PREMISES IS RESPONSIBLE FOR REMEDIATION OF THE17
	153	+	RESIDENTIAL PREMISES TO A HABITABLE STANDARD AT THE LANDLORD'S18
	154	+	EXPENSE.19
	155	+	(b) A LANDLORD THAT RECEIVES NOTICE FROM A TENANT OF A20
	156	+	HABITABILITY ISSUE REGARDING A RESIDENTIAL PREMISES THAT HAS BEEN21
	157	+	DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT SHALL22
	158	+	COMPLY WITH THE STANDARDS DESCRIBED IN SECTION 38-12-50523
	159	+	(1)(b)(XIII) WITHIN A REASONABLE AMOUNT OF TIME GIVEN THE24
	160	+	CONDITION OF THE PREMISES AND AT THE LANDLORD 'S EXPENSE.25
	161	+	(c) A LANDLORD THAT HAS REMEDIATED A RESIDENTIAL PREMISES26
	162	+	TO A HABITABLE STANDARD FOLLOWING AN ENVIRONMENTAL PUBLIC27
	163	+	1254
	164	+	-5- HEALTH EVENT MUST PROVIDE THE TENANT WITH DOCUMENTATION THAT1
	165	+	DEMONSTRATES COMPLIANCE WITH THE STANDARDS DESCRIBED IN2
	166	+	SECTION 38-12-505 (1)(b)(XIII).3
	167	+	(d) A LANDLORD'S SUBMISSION OF AN INSURANCE CLAIM FOR AN4
	168	+	UNINHABITABLE OR A CONTAMINATED RESIDENTIAL PREMISES AFTER THE5
	169	+	LANDLORD RECEIVES NOTICE FROM THE TENANT OF HABITABILITY ISSUES6
	170	+	AT THE RESIDENTIAL PREMISES IS NOT CONSIDERED EVIDENCE OF7
	171	+	REMEDIATION.8
	172	+	(4) (a) If the notice sent pursuant to subsection (2)(b) of this9
	173	+	section concerns a condition that is described by subsection (2)(a)(II) OR10
	174	+	(2)(a)(III) of this section, the landlord, at the request of the tenant, shall11
	175	+	provide the tenant:12
	176	+	SECTION 4. In Colorado Revised Statutes, 38-12-505, amend13
	177	+	(1)(b)(XI), (1)(b)(XII), and (3); and add (1)(b)(XIII) as follows:14
	178	+	38-12-505. Uninhabitable residential premises - habitability15
	179	+	procedures - rules. (1) A residential premises is deemed uninhabitable16
	180	+	if:17
	181	+	(b) It substantially lacks any of the following characteristics:18
	182	+	(XI) Locks on all exterior doors and locks or security devices on19
	183	+	windows designed to be opened that are maintained in good working20
	184	+	order; or21
	185	+	(XII) Compliance with all applicable building, housing, and health22
	186	+	codes, the violation of which would constitute a condition that materially23
	187	+	interferes with the life, health, or safety of the tenant; OR24
	188	+	(XIII) COMPLIANCE WITH APPLICABLE STANDARDS FROM THE25
	189	+	AMERICAN NATIONAL STANDARDS INSTITUTE , OR ITS SUCCESSOR26
	190	+	ORGANIZATION, FOR THE REMEDIATION AND CLEAN UP OF A RESIDENTIAL27
	191	+	1254
	192	+	-6- PREMISES FOLLOWING AN ENVIRONMENTAL PUBLIC HEALTH EVENT .1
	193	+	(3) Unless the rental agreement provides otherwise as permitted2
	194	+	by section 38-12-506, Before a LANDLORD LEASES A residential premises3
	195	+	is leased to a tenant, the LANDLORD MUST ENSURE THAT THE residential4
	196	+	premises must comply with the requirements set forth in IS FIT FOR5
	197	+	HUMAN HABITATION IN ACCORDANCE WITH section 38-12-503 (1) and6
	198	+	(2)(a) THAT THE RESIDENTIAL PREMISES IS NOT IN A CONDITION DESCRIBED7
	199	+	IN SECTION 38-12-503 (2)(a).8
	200	+	SECTION 5. In Colorado Revised Statutes, 38-12-506, add (3)9
	201	+	as follows:10
	202	+	38-12-506. Exception for certain single-family residences.11
	203	+	(3) NOTWITHSTANDING SUBSECTIONS (1) AND (2) OF THIS SECTION, A12
	204	+	LANDLORD AND TENANT SHALL NOT ENTER INTO AN AGREEMENT FOR THE13
	205	+	REPAIR, MAINTENANCE, ALTERATION, REMODELING, OR REMEDIATION OF14
	206	+	A RESIDENTIAL PREMISES THAT IS NECESSARY TO COMPLY WITH SECTION15
	207	+	38-12-503 THAT WOULD ENDANGER THE HEALTH OR SAFETY OF THE16
	208	+	TENANT.17
	209	+	SECTION 6. In Colorado Revised Statutes, 38-12-507, amend18
	210	+	(1)(b)(I)(B); and add (4) and (5) as follows:19
	211	+	38-12-507. Breach of warranty of habitability - tenant's20
	212	+	remedies. (1) If there is a breach of the warranty of habitability as set21
	213	+	forth in section 38-12-503 (2):22
	214	+	(b) (I) A tenant may obtain injunctive relief for breach of the23
	215	+	warranty of habitability in any county or district court of competent24
	216	+	jurisdiction. In a proceeding for injunctive relief, the court shall25
	217	+	determine actual damages for a breach of the warranty at the time the26
	218	+	court orders the injunctive relief. A landlord is not subject to any court27
	219	+	1254
	220	+	-7- order for injunctive relief if:1
	221	+	(B) The proceeding for injunctive relief does not concern a2
	222	+	condition described in section 38-12-503 (2)(a)(II) OR (2)(a)(III) that has3
	223	+	not been repaired or remedied.4
	224	+	(4) IF A RESIDENTIAL PREMISES IS UNINHABITABLE PURSUANT TO5
	225	+	SECTION 38-12-505 (1) AFTER BEING DAMAGED DUE TO AN6
	226	+	ENVIRONMENTAL PUBLIC HEALTH EVENT, THE TENANT MAY TERMINATE7
	227	+	THE TENANT'S LEASE IF: 8
	228	+	(a) THE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE9
	229	+	CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR10
	230	+	HABITABILITY WITHIN SIXTY BUSINESS DAYS AFTER THE LANDLORD HAS11
	231	+	RECEIVED NOTICE OF THE HABITABILITY ISSUE FROM THE TENANT ;12
	232	+	(b) THE TENANT HAS GIVEN THE L ANDLORD WR ITTEN OR13
	233	+	ELECTRONIC NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR14
	234	+	HABITABILITY DUE TO DAMAGE FROM AN ENVIRONMENTAL PUBLIC HEALTH15
	235	+	EVENT; AND16
	236	+	(c) THE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE17
	237	+	ALTERNATIVE HOUSING ACCOMMODATIONS FOR THE TENANT, PURSUANT18
	238	+	TO SECTION 38-12-503 (4), FOR THE DURATION OF THE TIME THAT THE19
	239	+	RESIDENTIAL PREMISES IS BEING REMEDIATED .20
	240	+	(5) NOTWITHSTANDING SUBSECTION (4) OF THIS SECTION, IF A21
	241	+	TENANT IS A MEMBER OF A VULNERABLE POPULATION, THE TENANT MAY22
	242	+	TERMINATE THE TENANT'S LEASE OR AGREEMENT AFTER THE RESIDENTIAL23
	243	+	PREMISES HAS BEEN DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC24
	244	+	HEALTH EVENT IF:25
	245	+	(a) THE TENANT HAS GIVEN THE LANDLORD WRITTEN OR26
	246	+	ELECTRONIC NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR27
	247	+	1254
	248	+	-8- HABITABILITY DUE TO DAMAGE FROM AN ENVIRONMENTAL PUBLIC HEALTH1
	249	+	EVENT;2
	250	+	(b) THE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE3
	251	+	CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR4
	252	+	HABITABILITY FOR THE TENANT WHO IS A MEMBER OF A VULNERABLE5
	253	+	POPULATION;6
	254	+	(c) THE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE7
	255	+	ALTERNATIVE HOUSING ACCOMMODATIONS FOR THE TENANT, PURSUANT8
	256	+	TO SECTION 38-12-503 (4), FOR THE DURATION OF THE TIME THAT THE9
	257	+	RESIDENTIAL PREMISES IS BEING REMEDIATED ; AND10
	258	+	(d) THE TENANT PROVIDES THE LANDLORD WITH EVIDENCE FROM11
	259	+	A LICENSED MEDICAL DOCTOR THAT THE TENANT'S CONDITION IS SUCH12
	260	+	THAT TO CONTINUE LIVING IN A RESIDENTIAL PREMISES THAT HAS BEEN13
	261	+	DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT WOULD BE14
	262	+	DETRIMENTAL TO THE TENANT 'S HEALTH, SAFETY, OR QUALITY OF LIFE.15
	263	+	SECTION 7. In Colorado Revised Statutes, 38-12-509, amend16
	264	+	(1); and add (1.5) as follows:17
	265	+	38-12-509. Prohibition on retaliation. (1) (a) A landlord shall18
	266	+	not retaliate against a tenant by increasing rent or decreasing services or19
	267	+	by bringing or threatening to bring an action for possession ENGAGING IN20
	268	+	ANY OF THE ACTIVITIES SPECIFIED IN SUBSECTION (1)(b) OF THIS SECTION21
	269	+	in response to the tenant:22
	270	+	(a) (I) Having made a good faith complaint to the landlord or to23
	271	+	a governmental agency alleging a condition described by section24
	272	+	38-12-505 (1) or any condition that materially interferes with the life,25
	273	+	health, or safety of the tenant; or26
	274	+	(b) (II) Organizing or becoming a member of a tenants'27
	275	+	1254
	276	+	-9- association or similar organization.1
	277	+	(b) PROHIBITED RETALIATION INCLUDES:2
	278	+	(I) INCREASING RENT OR DECREASING SERVICES ;3
	279	+	(II) TERMINATING A LEASE OR CONTRACT WITHOUT WRITTEN4
	280	+	CONSENT OF THE TENANT EXCEPT AS OTHERWISE PROVIDED BY LAW ;5
	281	+	(III) BRINGING OR THREATENING TO BRING AN ACTION FOR6
	282	+	POSSESSION; OR7
	283	+	(IV) TAKING ACTION THAT IN ANY MANNER INTIMIDATES ,8
	284	+	THREATENS, DISCRIMINATES, OR RETALIATES AGAINST A TENANT.9
	285	+	(1.5) A TENANT MAY ASSERT AS A DEFENSE TO A LANDLORD'S10
	286	+	ACTION FOR POSSESSION, INCLUDING AN ACTION FOR POSSESSION BASED11
	287	+	ON A NONMONETARY VIOLATION OF THE RENTAL AGREEMENT OR AN12
	288	+	ACTION FOR POSSESSION BASED UPON A NOTICE TO QUIT OR VACATE, THAT13
	289	+	THE LANDLORD RETALIATED AGAINST THE TENANT IN VIOLATION OF14
	290	+	SUBSECTION (1) OF THIS SECTION.15
	291	+	SECTION 8. Safety clause. The general assembly hereby finds,16
	292	+	determines, and declares that this act is necessary for the immediate17
	293	+	preservation of the public peace, health, or safety.18
	294	+	1254
	295	+	-10-