HOUSE BILL 23-1254
BY REPRESENTATIVE(S) Brown and Mabrey, Amabile,
deGruy Kennedy, Dickson, English, Epps, Froelich, Garcia,
Gonzales-Gutierrez, Herod, Jodeh, Joseph, Lindsay, Lindstedt,
Michaelson Jenet, Ortiz, Ricks, Sharbini, Sirota, Story, Titone, Velasco,
Vigil, Weissman, McCluskie;
also SENATOR(S) Cutter, Buckner, Exum, Fields, Hansen, Jaquez Lewis,
Priola, Sullivan.
C
ONCERNING THE CONDITIONS COVERED UNDER THE WARRANTY OF
HABITABILITY FOR RESIDENTIAL PREMISES
, AND, IN CONNECTION
THEREWITH
, SPECIFYING A LANDLORD 'S REQUIREMENTS TO
REMEDIATE A RESIDENTIAL PREMISES THAT IS DAMAGED DUE TO AN
ENVIRONMENTAL PUBLIC HEALTH EVENT
, EXPANDING WHAT
CONSTITUTES RETALIATION BY A LANDLORD
, AND DESCRIBING
SITUATIONS IN WHICH A TENANT MAY TERMINATE A LEASE AFTER THE
PREMISES HAS BEEN DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC
HEALTH EVENT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) Colorado has experienced record-breaking wildfires in recent
years, including the Marshall fire, which burned over 6,000 acres and nearly
1,100 homes in a highly urbanized area, resulting in more than $500 million
in damages;
(b) After the Marshall fire, many renters struggled to secure safe,
habitable housing due to significant damage from smoke, ash, and other air
contaminants;
(c) It is typical for nearby residents to have concerns about the
habitability of their residential premises after being subjected to an
environmental public health event;
(d) After an environmental public health event, residential premises
must be returned to a condition that protects the health and safety of
residents from environmental contaminants, such as smoke, ash, and other
toxic materials related to an environmental public health event; and
(e) There is a need to promote the remediation of residential
premises so that landlords, tenants, and insurance companies understand
what remediation must be done and who is responsible for the remediation
to make the premises habitable after an environmental public health event.
(2) Therefore, the general assembly declares that it is in the best
interest of Colorado residents to protect the health and safety of residents
by ensuring that their homes are returned to a healthy, habitable, and safe
condition after incurring damage due to an environmental public health
event.
SECTION 2. In Colorado Revised Statutes, 38-12-502, add (4.5)
and (10) as follows:
38-12-502. Definitions. As used in this part 5 and part 8 of this
article 12, unless the context otherwise requires:
(4.5) "E
NVIRONMENTAL PUBLIC HEALTH EVENT " MEANS A NATURAL
DISASTER OR AN ENVIRONMENTAL EVENT
, SUCH AS A WILDFIRE, A FLOOD, OR
A RELEASE OF TOXIC CONTAMINANTS
, THAT COULD CREATE NEGATIVE
HEALTH AND SAFETY IMPACTS FOR TENANTS THAT LIVE IN NEARBY
PAGE 2-HOUSE BILL 23-1254 RESIDENTIAL PREMISES.
(10) "V
ULNERABLE POPULATION" MEANS CHILDREN, INDIVIDUALS
WITH ASTHMA
, INDIVIDUALS WITH DISABILITIES, INDIVIDUALS WHO ARE
PREGNANT
, OR ANY OTHER GROUP OF INDIVIDUALS THAT HAS HEALTH
CONDITIONS THAT COULD MAKE THE INDIVIDUALS MORE SUSCEPTIBLE TO
ENVIRONMENTAL CONTAMINANTS
.
SECTION 3. In Colorado Revised Statutes, 38-12-503, amend
(2)(a), (2.3), (2.5), and (4)(a) introductory portion; and add (2.7) as follows:
38-12-503. Warranty of habitability - notice - landlord
obligations. (2) Except as described in subsection (2.2) of this section, a
landlord breaches the warranty of habitability set forth in subsection (1) of
this section if:
(a) A residential premises is:
(I) Uninhabitable as described in section 38-12-505 or otherwise
unfit for human habitation; or
(II) In a condition that materially interferes with the tenant's life,
health, or safety; and OR
(III) NOT IN COMPLIANCE WITH THE STANDARDS DESCRIBED IN
SECTION
38-12-505 (1)(b)(XIII) FOR THE REMEDIATION AND CLEAN UP OF A
RESIDENTIAL PREMISES THAT HAS BEEN DAMAGED DUE TO AN
ENVIRONMENTAL PUBLIC HEALTH EVENT
; AND
(2.3) A tenant who gives a landlord WRITTEN OR electronic notice
of a condition shall send such
THE notice only to the e-mail address, phone
number, or electronic portal specified by the landlord in the rental
agreement for communications. In the absence of such a provision in the
rental agreement, the tenant shall communicate with the landlord in a
manner that the landlord has previously used TYPICALLY USES to
communicate with the tenant. The tenant shall retain sufficient proof of
delivery of the electronic
notice.
(2.5) A landlord who THAT receives from a tenant written or
electronic notice of a condition described by subsection (2)(a) of this
PAGE 3-HOUSE BILL 23-1254 section shall:
(a) Respond to the tenant not more than twenty-four hours after
receiving the notice;
EXCEPT THAT A LANDLORD MAY TAKE UP TO
SEVENTY
-TWO HOURS TO RESPOND TO THE TENANT AFTER RECEIVING THE
NOTICE WHEN THE RESIDENTIAL PREMISES IS INACCESSIBLE BECAUSE OF
DAMAGE DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT
. The response
must indicate the landlord's intentions for remedying the condition,
including an estimate of when the remediation will commence and when it
will be completed.
(b) I
NFORM THE TENANT OF THE LANDLORD 'S RESPONSIBILITIES
UNDER SUBSECTION
(4)(a) OF THIS SECTION IF THE REPORTED CONDITION
CONCERNS A CONDITION DESCRIBED IN SUBSECTION
(2)(a)(II) OR (2)(a)(III)
OF THIS SECTION.
(2.7) (a) A
LANDLORD THAT RECEIVES NOTICE FROM A TENANT OF
ANY HABITABILITY ISSUES
, AS DESCRIBED IN SECTION 38-12-505 (1), WITH
THE TENANT
'S PREMISES IS RESPONSIBLE FOR REMEDIATION OF THE
RESIDENTIAL PREMISES TO A HABITABLE STANDARD AT THE LANDLORD
'S
EXPENSE
.
(b) A
LANDLORD THAT RECEIVES NOTICE FROM A TENANT OF A
HABITABILITY ISSUE REGARDING A RESIDENTIAL PREMISES THAT HAS BEEN
DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT SHALL
COMPLY WITH THE STANDARDS DESCRIBED IN SECTION
38-12-505
(1)(b)(XIII)
WITHIN A REASONABLE AMOUNT OF TIME GIVEN THE CONDITION
OF THE PREMISES AND AT THE LANDLORD
'S EXPENSE.
(c) A
LANDLORD THAT HAS REMEDIATED A RESIDENTIAL PREMISES
TO A HABITABLE STANDARD FOLLOWING AN ENVIRONMENTAL PUBLIC
HEALTH EVENT MUST PROVIDE THE TENANT WITH DOCUMENTATION THAT
DEMONSTRATES COMPLIANCE WITH THE STANDARDS DESCRIBED IN SECTION
38-12-505 (1)(b)(XIII).
(d) A
LANDLORD'S SUBMISSION OF AN INSURANCE CLAIM FOR AN
UNINHABITABLE OR A CONTAMINATED RESIDENTIAL PREMISES AFTER THE
LANDLORD RECEIVES NOTICE FROM THE TENANT OF HABITABILITY ISSUES AT
THE RESIDENTIAL PREMISES IS NOT CONSIDERED EVIDENCE OF REMEDIATION
.
PAGE 4-HOUSE BILL 23-1254 (4) (a) If the notice sent pursuant to subsection (2)(b) of this section
concerns a condition that is described by subsection (2)(a)(II)
OR (2)(a)(III)
of this section, the landlord, at the request of the tenant, shall provide the
tenant:
SECTION 4. In Colorado Revised Statutes, 38-12-505, amend
(1)(b)(XI), (1)(b)(XII), and (3); and add (1)(b)(XIII) as follows:
38-12-505. Uninhabitable residential premises - habitability
procedures - rules. (1) A residential premises is deemed uninhabitable if:
(b) It substantially lacks any of the following characteristics:
(XI) Locks on all exterior doors and locks or security devices on
windows designed to be opened that are maintained in good working order;
or
(XII) Compliance with all applicable building, housing, and health
codes, the violation of which would constitute a condition that materially
interferes with the life, health, or safety of the tenant;
OR
(XIII) COMPLIANCE WITH APPLICABLE STANDARDS FROM THE
AMERICAN NATIONAL STANDARDS INSTITUTE , OR ITS SUCCESSOR
ORGANIZATION
, FOR THE REMEDIATION AND CLEAN UP OF A RESIDENTIAL
PREMISES FOLLOWING AN ENVIRONMENTAL PUBLIC HEALTH EVENT
.
(3) Unless the rental agreement provides otherwise as permitted by
section 38-12-506, Before a LANDLORD LEASES A residential premises is
leased to a tenant, the LANDLORD MUST ENSURE THAT THE residential
premises must comply with the requirements set forth in IS FIT FOR HUMAN
HABITATION IN ACCORDANCE WITH
section 38-12-503 (1) and (2)(a)
THAT
THE RESIDENTIAL PREMISES IS NOT IN A CONDITION DESCRIBED IN SECTION
38-12-503 (2)(a).
SECTION 5. In Colorado Revised Statutes, 38-12-506, add (3) as
follows:
38-12-506. Exception for certain single-family residences.
(3) N
OTWITHSTANDING SUBSECTIONS (1) AND (2) OF THIS SECTION, A
LANDLORD AND TENANT SHALL NOT ENTER INTO AN AGREEMENT FOR THE
PAGE 5-HOUSE BILL 23-1254 REPAIR, MAINTENANCE, ALTERATION, REMODELING, OR REMEDIATION OF A
RESIDENTIAL PREMISES THAT IS NECESSARY TO COMPLY WITH SECTION
38-12-503 THAT WOULD ENDANGER THE HEALTH OR SAFETY OF THE TE NANT .
SECTION 6. In Colorado Revised Statutes, 38-12-507, amend
(1)(b)(I)(B); and add (4) and (5) as follows:
38-12-507. Breach of warranty of habitability - tenant's
remedies. (1) If there is a breach of the warranty of habitability as set forth
in section 38-12-503 (2):
(b) (I) A tenant may obtain injunctive relief for breach of the
warranty of habitability in any county or district court of competent
jurisdiction. In a proceeding for injunctive relief, the court shall determine
actual damages for a breach of the warranty at the time the court orders the
injunctive relief. A landlord is not subject to any court order for injunctive
relief if:
(B) The proceeding for injunctive relief does not concern a
condition described in section 38-12-503 (2)(a)(II)
OR (2)(a)(III) that has
not been repaired or remedied.
(4) I
F A RESIDENTIAL PREMISES IS UNINHABITABLE PURSUANT TO
SECTION
38-12-505 (1) AFTER BEING DAMAGED DUE TO AN ENVIRONMENTAL
PUBLIC HEALTH EVENT
, THE TENANT MAY TERMINATE THE TENANT 'S LEASE
IF
:
(a) T
HE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE
CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR
HABITABILITY WITHIN SIXTY BUSINESS DAYS AFTER THE LANDLORD HAS
RECEIVED NOTICE OF THE HABITABILITY ISSUE FROM THE TENANT
;
(b) T
HE TENANT HAS GIVEN THE LANDLORD WRITTEN OR ELECTRONIC
NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR HABITABILITY
DUE TO DAMAGE FROM AN ENVIRONMENTAL PUBLIC HEALTH EVENT
; AND
(c) THE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE
ALTERNATIVE HOUSING ACCOMMODATIONS FOR THE TENANT
, PURSUANT TO
SECTION
38-12-503 (4), FOR THE DURATION OF THE TIME THAT THE
RESIDENTIAL PREMISES IS BEING REMEDIATED
.
PAGE 6-HOUSE BILL 23-1254 (5) NOTWITHSTANDING SUBSECTION (4) OF THIS SECTION, IF A
TENANT IS A MEMBER OF A VULNERABLE POPULATION
, THE TENANT MAY
TERMINATE THE TENANT
'S LEASE OR AGREEMENT AFTER THE RESIDENTIAL
PREMISES HAS BEEN DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH
EVENT IF
:
(a) T
HE TENANT HAS GIVEN THE LANDLORD WRITTEN OR ELECTRONIC
NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR HABITABILITY
DUE TO DAMAGE FROM AN ENVIRONMENTAL PUBLIC HEALTH EVENT
;
(b) T
HE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE
CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR
HABITABILITY FOR THE TENANT WHO IS A MEMBER OF A VULNERABLE
POPULATION
;
(c) T
HE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE
ALTERNATIVE HOUSING ACCOMMODATIONS FOR THE TENANT
, PURSUANT TO
SECTION
38-12-503 (4), FOR THE DURATION OF THE TIME THAT THE
RESIDENTIAL PREMISES IS BEING REMEDIATED
; AND
(d) THE TENANT PROVIDES THE LANDLORD WITH EVIDENCE FROM A
LICENSED MEDICAL DOCTOR THAT THE TENANT
'S CONDITION IS SUCH THAT
TO CONTINUE LIVING IN A RESIDENTIAL PREMISES THAT HAS BEEN DAMAGED
DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT WOULD BE
DETRIMENTAL TO THE TENANT
'S HEALTH, SAFETY, OR QUALITY OF LIFE.
SECTION 7. In Colorado Revised Statutes, 38-12-509, amend (1);
and add (1.5) as follows:
38-12-509. Prohibition on retaliation. (1) (a) A landlord shall not
retaliate against a tenant by increasing rent or decreasing services or by
bringing or threatening to bring an action for possession ENGAGING IN ANY
OF THE ACTIVITIES SPECIFIED IN SUBSECTION
(1)(b) OF THIS SECTION in
response to the tenant:
(a)
(I) Having made a good faith complaint to the landlord or to a
governmental agency alleging a condition described by section 38-12-505
(1) or any condition that materially interferes with the life, health, or safety
of the tenant; or
PAGE 7-HOUSE BILL 23-1254 (b) (II) Organizing or becoming a member of a tenants' association
or similar organization.
(b) P
ROHIBITED RETALIATION INCLUDES:
(I) I
NCREASING RENT OR DECREASING SERVICES ;
(II) T
ERMINATING A LEASE OR CONTRACT WITHOUT WRITTEN
CONSENT OF THE TENANT EXCEPT AS OTHERWISE PROVIDED BY LAW
;
(III) B
RINGING OR THREATENING TO BRING AN ACTION FOR
POSSESSION
; OR
(IV) TAKING ACTION THAT IN ANY MANNER INTIMIDATES ,
THREATENS, DISCRIMINATES, OR RETALIATES AGAINST A TENANT.
(1.5) A
TENANT MAY ASSERT AS A DEFENSE TO A LANDLORD 'S
ACTION FOR POSSESSION
, INCLUDING AN ACTION FOR POSSESSION BASED ON
A NONMONETARY VIOLATION OF THE RENTAL AGREEMENT OR AN ACTION FOR
POSSESSION BASED UPON A NOTICE TO QUIT OR VACATE
, THAT THE
LANDLORD RETALIATED AGAINST THE TENANT IN VIOLATION OF SUBSECTION
(1) OF THIS SECTION.
SECTION 8. Safety clause. The general assembly hereby finds,
PAGE 8-HOUSE BILL 23-1254 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-HOUSE BILL 23-1254