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January 26, 2024 HB 24-1098
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0087
Rep. Mabrey; Duran
Sen. Gonzales; Hinrichsen
Date:
Bill Status:
Fiscal Analyst:
January 26, 2024
House Trans., Hous. & Local Govt.
Clayton Mayfield | 303-866-5851
clayton.mayfield@coleg.gov
Bill Topic: CAUSE REQUIRED FOR EVICTION OF RESIDENTIAL TENANT
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill prohibits landlords from evicting tenants without cause. The bill minimally
increases state workload and revenue on an ongoing basis starting in FY 2024-25.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill establishes a “For Cause” eviction policy in state law that prohibits landlords from
evicting tenants from residential properties without cause, subject to certain conditions and
requirements specified in the bill. The bill outlines various reasons that a tenant may be evicted
for cause, including among other things:
unlawful occupancy of a property;
non-payment of rent;
inhabiting a property beyond the term of a lease;
substantial, material or repeat violations of the terms of a lease; and
the sale or transfer of a property under certain conditions.
The bill also allows a landlord to initiate a no-fault eviction in the following situations:
demolition or conversion of the property;
substantial repairs or renovations;
occupancy of the property by a landlord or certain family members of a landlord;
end of time-limited housing offered by a mission-driven organization; and
withdrawal of a property from the rental market for the purpose of selling the property;
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January 26, 2024 HB 24-1098
Landlords initiating a no-fault eviction must provide timely notice to tenants. If a landlord does
not provide required notice, then they must provide relocation assistance in the form of two to
three months’ rent. Relocation assistance is not required for mission-driven organizations, if the
tenant was not using the property as their primary residence, or if the tenant is a homeowner.
Landlords cannot increase a tenant’s rent in retaliation or discrimination in order to circumvent
the requirements of this new “For Cause” eviction policy. Rental agreements are prohibited from
including any provisions that waives the requirements of the bill. Tenants may sue landlords for
violations. A landlord’s failure to comply is an affirmative defense for the tenant.
Finally, the bill also adds conforming language to statutes regarding unlawful entry to a
property and notice to quit for tenants for landlords and tenants that comply with the above
provisions.
State Revenue
The bill may have offsetting impacts on filing fee revenue to the trial courts in the Judicial
Department. If there is a reduction in eviction cases filed by landlords, filing fee revenue will
decrease. To the extent that there is an increase in civil cases filed by tenants against landlords
who violate the provisions of the bill, Judicial Department revenue from filing fees will increase.
Revenue from filing fees is subject to TABOR. Overall, it is assumed that any change in revenue
will be minimal.
State Expenditures
Similar to the revenue impact above, the bill may have offsetting impacts to workload in the trial
courts in the Judicial Department. By limiting the circumstances in which a landlord may initiate
an eviction proceeding, the bill potentially decreases these types of filings. Conversely, civil
filings may increase from tenants bringing actions against landlords who violate the provisions
of the bill. This fiscal note assumes most landlords will comply with the provisions of the bill, and
that any net change in workload will be minimal.
Additionally, the Department of Law (DOL) may receive more consumer complaints. Any
additional consumer complaints will be addressed within existing resources and no change in
appropriations is required.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature.
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January 26, 2024 HB 24-1098
State and Local Government Contacts
Judicial Law Local Affairs
Regulatory Agencies
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 the General Assembly website.