First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0412.01 Shelby Ross x4510
HOUSE BILL 25-1168
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING HOUSING PROTECTIONS FOR VICTIM -SURVIVORS OF101
GENDER-BASED VIOLENCE.102
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
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
As it relates to unlawful detention of real property, the bill expands
current exceptions for tenants who are victims of domestic violence to
include victims of unlawful sexual behavior, stalking, and domestic abuse
(victim-survivor).
If domestic violence or domestic abuse was the cause of an alleged
unlawful detention of real property, current law requires the tenant to
HOUSE SPONSORSHIP
Lindsay and Espenoza,
SENATE SPONSORSHIP
Weissman,
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. document the domestic violence or domestic abuse through a police
report or a valid civil or emergency protection order (required
documentation). The bill expands the required documentation to include
a self-attestation affidavit or a letter signed by a qualified third party from
whom the tenant sought assistance. If a tenant has been alleged to have
committed unlawful detention of real property due to nonpayment or late
payment of rent and the tenant has provided the landlord with the required
documentation, the bill requires the landlord to offer the tenant a
repayment plan no later than 48 hours after serving a demand for unpaid
rent or no later than 48 hours after receiving the required documentation.
If a landlord has written or actual notice that a tenant is a
victim-survivor, the bill requires the landlord to perfect service only
through personal service to the tenant.
The bill requires court records related to unlawful detention of real
property to remain suppressed if a defendant asserts as a defense that the
defendant is a victim-survivor and provides the required documentation.
The bill makes changes to certain court procedures as the procedures
relate to victim-survivors.
If a tenant who is a victim-survivor terminates a lease and provides
the required documentation, the tenant is not liable for damage to the
dwelling unit caused by the responsible party or during the course of an
incident of unlawful sexual behavior, stalking, domestic violence, or
domestic abuse. The bill requires the tenant to pay no more than one
month's rent following vacation only if the landlord has incurred
economic damages as a direct result of the early termination and the
landlord has provided documentation of the economic damages to the
tenant within 30 days after termination of the agreement.
The bill prohibits a landlord from assigning a debt allegedly owed
by a tenant who is a victim-survivor to a third-party debt collector unless
the landlord complies with the requirement to provide the tenant with
documentation of the economic damages incurred by the landlord and
provides at least 90 days' written notice to the tenant.
If a tenant provides notice to the landlord that the tenant is a
victim-survivor and provides the required documentation, the bill
prohibits the landlord from preventing the tenant from changing the locks
and prohibits the landlord from imposing fees on, taking any adverse
action against, or otherwise retaliating against the tenant for changing the
locks or taking other reasonable safety precautions. The bill authorizes a
tenant to bring a civil action against a landlord for violating this
provision.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
HB25-1168-2- finds and declares that:1
(a) Subordination, misuse of power, and controlling behavior are2
common forms of gender-based violence. This abuse and violence can3
happen between intimate partners, family members, or outside a4
preexisting relationship and can include unlawful sexual behavior,5
stalking, domestic violence, and domestic abuse.6
(b) Gender-based violence is a leading cause of statewide housing7
instability. In 2023 in the Denver-metro area and throughout Colorado's8
54 rural and non-metro counties, approximately 11% of people9
experiencing homelessness reported fleeing domestic violence, and 1,26510
statewide reported being a victim-survivor of domestic violence.11
(c) Gender-based violence both imperils a victim-survivor's12
existing safe housing and exposes those victim-survivors who are13
experiencing housing instability to further abusive tactics.14
Victim-survivors are left to navigate housing insecurity in the immediate15
aftermath of violence in order to escape danger, often while they are16
isolated from support networks and services needed to locate and pay for17
stable housing and to protect their legal rights.18
(d) Safe and stable housing is essential to a victim-survivor's19
ability to leave an abusive relationship. Often, an abuser relies on20
coercive emotional, physical, and financial control to prevent a21
victim-survivor from leaving the shared home, or the abuser weaponizes22
knowledge of the victim-survivor's home address to continue the abuse.23
In addition to the physical benefits housing provides, a stable and24
independent home also contributes to a victim-survivor's sense of25
autonomy and psychological and emotional well-being.26
(e) Gender-based violence perpetuates cycles of poverty and27
HB25-1168
-3- imperils a victim-survivor's economic stability by endangering or1
preventing employment, decimating credit history, and depleting the2
victim-survivor's available money. Consequently, many victim-survivors3
in Colorado face eviction when the victim-survivor is unable to pay rent.4
(2) Therefore, the general assembly intends to preserve5
victim-survivors' due process rights, safety, and housing stability with6
laws that can be interpreted and construed broadly.7
SECTION 2. In Colorado Revised Statutes, 13-40-104, amend8
(4) and (5); and repeal (1)(j)(III) as follows:9
13-40-104. Unlawful detention defined - definitions. (1) A10
person has committed an unlawful detention of real property in the11
following cases:12
(j) (III) It shall not constitute a nuisance or disturbance for13
purposes of this subsection (1)(j) if a victim of domestic violence is being14
accused of causing a disturbance or nuisance as a direct result of being a15
victim of domestic violence. This exception applies only to victims of16
domestic violence and not to perpetrators.17
(4) (a) It shall not constitute IS NOT an unlawful detention of real18
property as described in paragraph (d.5), (e), or (e.5) of subsection (1)19
SUBSECTION (1)(d), (1)(d.5), (1)(e), (1)(e.5), OR (1)(j) of this section if the20
tenant or lessee is the victim of A VICTIM-SURVIVOR OF UNLAWFUL21
SEXUAL BEHAVIOR, STALKING, domestic violence, as that term is defined22
in section 18-6-800.3, C.R.S., or of domestic abuse, as that term is23
defined in section 13-14-101, (2), which UNLAWFUL SEXUAL BEHAVIOR ,24
STALKING, domestic violence, or domestic abuse was the cause of,25
CONTRIBUTED TO, or resulted in the alleged unlawful detention and which26
UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic violence, or domestic27
HB25-1168
-4- abuse has been documented by AT LEAST ONE OF the following:1
(I) A police report; or2
(II) A valid civil,
CRIMINAL, or emergency protection order OR3
RESTRAINING ORDER ISSUED PURSUANT TO ARTICLE 14 OR ARTICLE 14.54
OF TITLE 13 OR SECTION 18-1-1001;5
(III) A
SELF-ATTESTATION AFFIDAVIT THAT STATES THE TENANT6
IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,7
DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND THAT THE INCIDENT OF8
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR9
DOMESTIC ABUSE IS THE CAUSE OF, CONTRIBUTED TO, OR RESULTED IN THE10
ALLEGED UNLAWFUL DETENTION OF REAL PROPERTY DESCRIBED IN11
SUBSECTION (1)(d), (1)(d.5), (1)(e), OR (1)(e.5) OF THIS SECTION; OR12
(IV) A
LETTER SIGNED BY A QUALIFIED THIRD PARTY , INCLUDING,13
BUT NOT LIMITED TO, AN EMPLOYEE, AGENT, OR VOLUNTEER OF A14
VICTIM-SURVIVOR SERVICE PROVIDER, AN ATTORNEY, A SOCIAL WORKER,15
A MEDICAL PROFESSIONAL , A FAITH LEADER, OR A MENTAL HEALTH16
PROVIDER, AS DEFINED IN SECTION 38-12-401, FROM WHOM A TENANT HAS17
SOUGHT ASSISTANCE RELATING TO UNLAWFUL SEXUAL BEHAVIOR ,18
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE. THE LETTER MUST19
STATE THAT THE QUALIFIED THIRD PARTY BELIEVES THAT THE INCIDENT20
OF UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR21
DOMESTIC ABUSE OCCURRED AND IS THE CAUSE OF , CONTRIBUTED TO, OR22
RESULTED IN THE ALLEGED UNLAWFUL DETENTION DESCRIBED IN23
SUBSECTION (1)(d), (1)(d.5), (1)(e), OR (1)(e.5) OF THIS SECTION.24
(b) A person is not guilty of an unlawful detention of real property25
pursuant to paragraph (a) of this subsection (4)
SUBSECTION (4)(a) OF THIS26
SECTION, INCLUDING FOR NONPAYMENT OF RENT , IF THE TENANT AGREES27
HB25-1168
-5- TO AND REMAINS COMPLIANT WITH THE REQUIREMENTS DESCRIBED IN1
SUBSECTION (4)(e) OF THIS SECTION AND if the alleged violation of the2
rental or lease agreement is a result of WAS CAUSED BY OR RESULTED3
FROM UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic violence, or4
domestic abuse against the tenant or lessee.5
(c) A rental, lease, or other such agreement shall MUST not contain6
a waiver by the tenant or lessee of the protections provided in this7
subsection (4).8
(d) Nothing in This subsection (4) shall DOES NOT prevent the9
landlord from seeking judgment for possession against the tenant or10
lessee of the premises who perpetuated IS RESPONSIBLE FOR the11
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC violence, or12
DOMESTIC abuse that was the cause of, CONTRIBUTED TO, or resulted in13
the alleged unlawful detention
OF REAL PROPERTY.14
(e) (I) (A) I
F THE TENANT HAS BEEN ALLEGED TO HAVE15
COMMITTED UNLAWFUL DETENTION OF REAL PROPERTY DUE TO16
NONPAYMENT OR LATE PAYMENT OF RENT AND THE TENANT HAS17
PROVIDED DOCUMENTATION PURSUANT TO SUBSECTION (4)(a) OF THIS18
SECTION THAT THE TENANT IS A VICTIM-SURVIVOR, THE LANDLORD SHALL19
OFFER THE TENANT A REPAYMENT PLAN NO LATER THAN FORTY -EIGHT20
HOURS AFTER SERVING A DEMAND FOR UNPAID RENT OR NO LATER THAN21
FORTY-EIGHT HOURS AFTER RECEIVING THE DOCUMENTATION DESCRIBED22
IN SUBSECTION (4)(a) OF THIS SECTION, WHICHEVER IS LATER. THE TENANT23
MAY ACCEPT A REPAYMENT PLAN AT ANY POINT PRIOR TO AN ORDER OF24
JUDGMENT FOR POSSESSION OR FOR MONETARY DAMAGES ; EXCEPT THAT25
A TENANT MAY ACCEPT A REPAYMENT PLAN AFTER AN ORDER OF26
JUDGMENT FOR POSSESSION OR FOR MONETARY DAMAGES IF THE27
HB25-1168
-6- LANDLORD OFFERS THE REPAYMENT PLAN AFTER THE ORDER IS ENTERED1
OR LESS THAN FORTY -EIGHT HOURS PRIOR TO THE ENTRY OF THE2
JUDGMENT AND IF THE TENANT ACCEPTS THE REPAYMENT PLAN THE3
COURT MUST VACATE THE ORDER . A COURT SHALL NOT ENTER AN ORDER4
OF JUDGMENT FOR POSSESSION OR FOR MONETARY DAMAGES DURING THE5
PENDENCY OF A REPAYMENT PLAN , EXCEPT AS PROVIDED IN SUBSECTION6
(4)(e)(I)(B)
OF THIS SECTION. A LANDLORD'S FAILURE TO OFFER A7
REPAYMENT PLAN PURSUANT TO THIS SUBSECTION (4)(e)(I)(A) IS AN8
AFFIRMATIVE DEFENSE TO AN ACTION FOR UNLAWFUL DETAINER . THE9
REPAYMENT PLAN MUST BE STRUCTURED AT THE TENANT 'S DISCRETION10
AND MUST INCLUDE, AT A MINIMUM, A REQUIREMENT THAT THE TENANT11
PAY THE FULL REPAYMENT OF ALL LAWFULLY OWED RENT AND MAKE12
PAYMENTS ON A MONTHLY BASIS , AND THE REPAYMENT PLAN MUST13
INCLUDE THE AMOUNT THAT MUST BE PAID ON A MONTHLY BASIS . THE14
REPAYMENT PLAN MUST NOT EXCEED EIGHTEEN MONTHS FROM THE DATE15
THE PLAN IS ESTABLISHED.16
(B) T
HE TENANT SHALL MAKE PAYMENTS ACCORDING TO THE17
REPAYMENT PLAN SCHEDULE . ANY PAYMENT MADE MORE THAN FOURTEEN18
DAYS AFTER THE DATE AGREED UPON FOR EACH PAYMENT INSTALLMENT19
IS UNTIMELY. IF A TENANT FAILS TO MAKE A PAYMENT OR MAKES THREE20
OR MORE UNTIMELY PAYMENTS , THE LANDLORD MAY SERVE, NO SOONER21
THAN TEN DAYS AFTER THE PAYMENT IS UNTIMELY OR IS NOT MADE , THE22
TENANT WITH A NOTICE OF DEFAULT DEMANDING PAYMENT OF ALL RENT23
THAT REMAINS LAWFULLY OWED A PAYMENT THAT IS NOT MADE BEFORE24
THE NEXT MONTHLY PAYMENT IS DUE CONSTITUTES A FAILURE TO MAKE25
A PAYMENT. IF THE TENANT FAILS TO MAKE THE PAYMENT OF ALL26
REMAINING RENT WITHIN TEN DAYS , THE LANDLORD MAY FILE A MOTION27
HB25-1168
-7- FOR JUDGMENT FOR POSSESSION . IN AN ACTION FOR JUDGMENT FOR1
POSSESSION, THE TENANT MAY ASSERT ANY AVAILABLE DEFENSES FOR2
NONPAYMENT OF RENT THAT MAY BE APPLICABLE .3
(C) A
LANDLORD SHALL NOT CHARGE A TENANT ANY FEES ,4
INTEREST, OR PENALTIES ASSOCIATED WITH A REPAYMENT PLAN .5
(II) I
F A TENANT HAS SATISFIED THE DOCUMENTATION6
REQUIREMENTS DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION AND7
THE TENANT RELINQUISHES POSSESSION OF THE PROPERTY , THE TENANT IS8
ENTITLED TO REPAY ANY LAWFULLY OWED RENT AND IS ENTITLED TO ANY9
OTHER PROTECTIONS AVAILABLE PURSUANT TO SUBSECTION (4)(e)(I) OF10
THIS SECTION, AND THE LANDLORD SHALL NOT PURSUE A CLAIM FOR11
MONETARY DAMAGES UNLESS THE TENANT HAS FAILED TO COMPLY WITH12
THE TERMS OF THE REPAYMENT PLAN .13
(5) As used in this section, unless the context otherwise requires:14
(a) "D
OMESTIC ABUSE" HAS THE SAME MEANING AS SET FORTH IN15
SECTION 38-12-401.16
(b) "D
OMESTIC VIOLENCE" HAS THE SAME MEANING AS SET FORTH17
IN SECTION 38-12-401.18
(a)
(c) "Employer-provided housing agreement" means a19
residential tenancy agreement between an employee and an employer20
when the employer or an affiliate of the employer acts as a landlord.21
(b) (d) "Exempt residential agreement" means a residential22
agreement leasing a single family home by a landlord who owns five or23
fewer single family rental homes and who provides notice in the24
agreement that a ten-day notice period required pursuant to this section25
does not apply to the tenancy entered into pursuant to the agreement.26
(e) "S
TALKING" HAS THE SAME MEANING AS SET FORTH IN SECTION27
HB25-1168
-8- 38-12-401.1
(f) "U
NLAWFUL SEXUAL BEHAVIOR " HAS THE SAME MEANING AS2
SET FORTH IN SECTION 38-12-401.3
(g) "V
ICTIM-SURVIVOR" HAS THE SAME MEANING AS SET FORTH IN4
SECTION 38-12-401.5
SECTION 3. In Colorado Revised Statutes, 13-40-106, add (4)6
as follows:7
13-40-106. Written demand. (4) I
F THE DEMAND OR NOTICE8
REQUIRED BY SECTION 13-40-104 OR 38-12-1303 INCLUDES A DEMAND9
FOR UNPAID RENT, THE DEMAND OR NOTICE MUST INCLUDE A STATEMENT10
THAT IF THE TENANT HAS EXPERIENCED UNLAWFUL SEXUAL BEHAVIOR ,11
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE THAT HAS CAUSED12
THE TENANT TO MISS A RENT PAYMENT , THE TENANT MAY PROVIDE THE13
LANDLORD WITH DOCUMENTATION OF THE UNLAWFUL SEXUAL BEHAVIOR ,14
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND IS ENTITLED TO15
A REPAYMENT PLAN THAT ALLOWS THE TENANT TO REPAY THE UNPAID16
RENT OVER A PERIOD OF TIME NOT TO EXCEED EIGHTEEN MONTHS .17
SECTION 4. In Colorado Revised Statutes, 13-40-107.5, amend18
(5)(c); and add (1)(e) as follows:19
13-40-107.5. Termination of tenancy for substantial violation20
- definition - legislative declaration. (1) The general assembly finds and21
declares that:22
(e) A
TENANT WHO EXPERIENCES UNLAWFUL SEXUAL BEHAVIOR ,23
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE IS NOT RESPONSIBLE24
FOR THE ACTS OF THE RESPONSIBLE PARTY , ESPECIALLY WHEN THE25
RESPONSIBLE PARTY EXERCISES CONTROL OVER THE TENANT , AND THE26
TENANT MUST NOT BE UNFAIRLY PENALIZED OR SUFFER THE UNDUE LOSS27
HB25-1168
-9- OF HOUSING DUE TO THE ACTS OF THE RESPONSIBLE PARTY .1
(5) (c) (I) The A landlord shall DOES not have a basis for2
possession under PURSUANT TO this section if the tenant or lessee is the3
victim VICTIM-SURVIVOR of UNLAWFUL SEXUAL BEHAVIOR , STALKING,4
domestic violence, as that term is defined in section 18-6-800.3, C.R.S.,5
or of domestic abuse, as that term is defined in section 13-14-101 (2),6
which
UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic violence, or7
domestic abuse was the cause of,
CONTRIBUTED TO, or resulted in the8
alleged substantial violation and which
THE UNLAWFUL SEXUAL9
BEHAVIOR, STALKING, domestic violence, or domestic abuse has been10
documented pursuant to the provisions set forth in section 13-40-104 (4).11
(II) Nothing in this paragraph (c) shall THIS SUBSECTION (5)(c)12
DOES NOT prevent the A landlord from seeking possession against a tenant13
or lessee of the premises who perpetuated IS RESPONSIBLE FOR the14
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC violence, or15
DOMESTIC abuse that was the cause of, CONTRIBUTED TO, or resulted in16
the alleged substantial violation.17
SECTION 5. In Colorado Revised Statutes, amend 13-40-108 as18
follows:19
13-40-108. Service of notice to vacate or demand. (1) E
XCEPT20
AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, a written notice to21
vacate or demand as required by section 13-40-104, 38-12-202,22
38-12-204, or 38-12-1303 may be served by delivering a copy of the23
notice to a known tenant occupying the premises, or by leaving such
THE24
copy with some A person OR a member of the tenant's family above the25
age of fifteen years WHO IS OLDER THAN FIFTEEN YEARS OF AGE, residing26
on or in charge of the premises, or, in case no one is on the premises after27
HB25-1168
-10- attempts at personal service at least once on two separate days, by posting1
the copy in some A conspicuous place on the premises.2
(2) I
F A TENANT PROVIDES THE LANDLORD WITH WRITTEN OR3
ACTUAL NOTICE THAT THE TENANT IS A VICTIM -SURVIVOR OF UNLAWFUL4
SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE,5
THE LANDLORD SHALL ONLY PERFECT SERVICE DESCRIBED IN SUBSECTION6
(1)
OF THIS SECTION THROUGH PERSONAL SERVICE TO THE TENANT WHO7
PROVIDED THE WRITTEN OR ACTUAL NOTICE .8
SECTION 6. In Colorado Revised Statutes, 13-40-110.5, amend9
(3) as follows:10
13-40-110.5. Automatic suppression of court records -11
definition. (3) (a) E
XCEPT AS PROVIDED IN SUBSECTIONS (3)(b) AND12
(3)(c)
OF THIS SECTION, when an order granting the plaintiff possession13
of the premises is entered in an action to which this section applies, the14
record is no longer a suppressed court record and the court shall make the15
record available to the public unless the parties to the action agree that the16
record should
remain suppressed. If the parties agree that the record17
should remain suppressed, the record remains a suppressed court record.18
(b) I
F A DEFENDANT IN AN ACTION PURSUANT TO THIS ARTICLE 4019
ASSERTS A DEFENSE PURSUANT TO SECTION 13-40-104 (4)(a) AND20
PROVIDES THE REQUIRED DOCUMENTATION , THE RECORD MUST REMAIN21
SUPPRESSED, EVEN IF AN ORDER GRANTING THE PLAINTIFF POSSESSION OF22
THE PREMISES IS ENTERED.23
(c) A
DEFENDANT WHO IS A VICTIM -SURVIVOR PURSUANT TO24
SECTION 13-40-104 MAY FILE A MOTION OR PETITION TO SUPPRESS A25
COURT RECORD RELATED TO AN ACTION FOR POSSESSION , INCLUDING A26
RECORD THAT PREDATES THE EFFECTIVE DATE OF THIS SECTION . UPON27
HB25-1168
-11- RECEIVING A MOTION OR PETITION TO SUPPRESS , THE COURT SHALL1
SUPPRESS ANY RELATED RECORDS IF A TENANT PROVIDES ONE OR MORE OF2
THE DOCUMENTS DESCRIBED IN SECTION 13-40-104 (4)(a) AND ASSERTS3
THAT PUBLIC ACCESS TO THE RECORDS POSES A RISK TO THE DEFENDANT 'S4
SAFETY OR THE SAFETY OF A FAMILY MEMBER OF THE DEFENDANT 'S5
HOUSEHOLD.6
SECTION 7. In Colorado Revised Statutes, 13-40-111, amend7
(6)(b); and add (6)(d) and (6)(e) as follows:8
13-40-111. Issuance and return of summons. (6) A summons9
issued pursuant to this section must also contain:10
(b) A form that allows either party to request all documents in the11
landlord's and tenant's possession relevant to the current action; and12
(d) A
STATEMENT, IN BOLD-FACED TYPE, THAT INFORMS THE13
DEFENDANT THAT IF THE DEFENDANT HAS EXPERIENCED UNLAWFUL14
SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE15
THAT WAS THE CAUSE OF, CONTRIBUTED TO, OR RESULTED IN AN ALLEGED16
LEASE VIOLATION THAT IS THE SUBJECT OF THE ACTION FOR POSSESSION ,17
A DEFENSE MAY EXIST AND THE TENANT MAY BE ENTITLED TO A18
REPAYMENT PLAN PURSUANT TO SECTION 13-40-104 (4)(e) FOR ANY RENT19
THAT REMAINS LAWFULLY OWED ; AND20
(e) I
NFORMATION ABOUT HOW TO ENROLL IN THE ADDRESS21
CONFIDENTIALITY PROGRAM PURSUANT TO PART 21 OF ARTICLE 30 OF22
TITLE 24.23
SECTION 8. In Colorado Revised Statutes, 13-40-112, amend24
(1) and (2) as follows:25
13-40-112. Service. (1) Such
A summons may be served by26
personal service as in any civil action. A copy of the complaint must be27
HB25-1168
-12- served with the summons. IF A DEFENDANT PROVIDES THE PLAINTIFF WITH1
WRITTEN OR ACTUAL NOTICE THAT THE DEFENDANT IS A VICTIM -SURVIVOR2
OF UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR3
DOMESTIC ABUSE, THE PLAINTIFF SHALL ONLY PERFECT SERVICE THROUGH4
PERSONAL SERVICE TO THE DEFENDANT WHO PROVIDED THE WRITTEN OR5
ACTUAL NOTICE.6
(2) E
XCEPT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION, if7
personal service cannot be had
MADE upon the defendant by a person8
qualified under the Colorado rules of civil procedure to serve process,9
after having made diligent effort to make such THE personal service, such10
THE person may make service by posting a copy of the summons and the11
complaint in some conspicuous place upon the premises. In addition,12
thereto, the plaintiff shall mail, no later than the next business day13
following the day on which he or she THE PLAINTIFF files the complaint,14
a copy of the summons, or, in the event that an alias summons is issued,15
a copy of the alias summons, and a copy of the complaint to the defendant16
at the premises by postage prepaid, first-class mail.17
SECTION 9. In Colorado Revised Statutes, 13-40-113, amend18
(1), (2), and (4)(a); and add (4)(a.5) as follows:19
13-40-113. Answer of defendant - additional and amended20
pleadings. (1) (a) The defendant shall file with the court, at or before the21
day specified for the defendant's appearance in the summons, an answer22
in writing. The defendant's answer must set forth the grounds on which23
the defendant bases the defendant's claim for possession, admitting or24
denying all of the material allegations of the complaint, and presenting25
every defense which THAT then exists and upon which the defendant26
intends to rely, either by including the same in the defendant's answer or27
HB25-1168
-13- by simultaneously filing motions setting forth every such EACH defense.1
(b) I
F THE DEFENDANT ASSERTS BY MOTION THAT THE DEFENDANT2
DID NOT TIMELY FILE AN ANSWER IN WRITING BECAUSE THE DEFENDANT3
IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,4
DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND DID NOT RECEIVE OR HAVE5
A REASONABLE OPPORTUNITY TO REVIEW THE SUMMONS AND COMPLAINT6
OR THE DEFENDANT WAS OTHERWISE UNABLE TO APPEAR , THE COURT7
SHALL RELIEVE THE DEFENDANT FROM FINAL J UDGMENT AND VACATE ANY8
JUDGMENT OR WRIT OF RESTITUTION THAT MAY HAVE BEEN ISSUED AND9
PROVIDE THE DEFENDANT WITH A REASONABLE AMOUNT OF TIME , NO LESS10
THAN SEVEN DAYS, TO SUBMIT AN ANSWER TO THE COMPLAINT .11
(2) The court for good cause may permit the filing of additional12
and amended pleadings if it will not result in a delay prejudicial to the13
defendant. I
F THE DEFENDANT ASSERTS A DEFENSE DESCRIBED IN SECTION14
13-40-104 (4)(a),
THE COURT SHALL PERMIT THE FILING OF ADDITIONAL15
AND AMENDED PLEADINGS .16
(4) After an answer is provided to the court pursuant to this17
section:18
(a) The court shall set a date for trial no sooner than seven
DAYS,19
but not more than ten days, after the answer is filed, unless the defendant20
requests a waiver of this
THE requirement in the defendant's answer or21
after filing an answer; except that a court may extend beyond ten days if22
either party demonstrates good cause for an extension, if the court23
otherwise finds justification for the extension, or if a party participating24
remotely pursuant to section 13-40-113.5 was disconnected and unable25
to reestablish connection. The requirement set forth in this subsection26
(4)(a) does not apply to a forcible entry and detainer petition that alleges27
HB25-1168
-14- a substantial violation, as defined in section 13-40-107.5 (3), or1
terminates a tenancy pursuant to section 38-12-203 (1)(f),
UNLESS THE2
ALLEGED SUBSTANTIAL VIOLATION OR TERMINATION OF TENANCY IS A3
RESULT OF UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC4
VIOLENCE, OR DOMESTIC ABUSE.5
(a.5) I
F A DEFENDANT IN AN ACTION FILED PURSUANT TO THIS6
ARTICLE 40 ASSERTS A DEFENSE DESCRIBED IN SECTION 13-40-104 (4)(a)7
AND REQUESTS AN EXTENSION OF A SCHEDULED TRIAL DATE , THE COURT8
SHALL FIND GOOD CAUSE EXISTS TO EXTEND THE TRIAL DATE BEYOND TEN9
DAYS AFTER THE ANSWER IS FILED AND SHALL MAKE ALL REASONABLE10
EFFORTS TO SCHEDULE THE TRIAL DATE TO ACCOMMODATE ANY SAFETY11
CONCERNS RAISED BY THE DEFENDANT REQUESTING THE EXTENSION .12
SECTION 10. In Colorado Revised Statutes, 13-40-115, amend13
(4) introductory portion as follows:14
13-40-115. Judgment - writ of restitution - cure period. (4) A15
landlord who provides a tenant with proper notice of nonpayment shall16
accept payment of the tenant's full payment of all amounts
LAWFULLY due17
according to the notice, as well as any rent that remains due under the18
rental agreement
OR THAT REMAINS DUE PURSUANT TO A REPAYMENT19
PLAN ESTABLISHED PURSUANT TO SECTION 13-40-104 (4)(e), at any time20
until a judge issues a judgment for possession pursuant to subsection (1)21
or (2) of this section. A tenant may pay this amount to either the landlord22
or to the court. Once a court has confirmation that the full amount has23
been timely paid, the court shall:24
SECTION 11. In Colorado Revised Statutes, 13-40-122, amend25
(1)(a) introductory portion; and add (1)(a.5) as follows:26
13-40-122. Writ of restitution after judgment - definitions.27
HB25-1168
-15- (1) (a) EXCEPT AS PROVIDED IN SUBSECTION (1)(a.5) OF THIS SECTION, a1
court shall not issue a writ of restitution upon any judgment entered in2
any action pursuant to this article 40 until forty-eight hours after the time3
of the entry of the judgment. If the writ of restitution concerns a4
residential tenant who receives supplemental security income, social5
security disability insurance under Title II of the federal "Social Security6
Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through7
the Colorado works program created in part 7 of article 2 of title 26, the8
writ must specify that the writ is not executable for thirty days after entry9
of judgment pursuant to subsection (1)(b) of this section; except in the10
case:11
(a.5) I
F THE WRIT OF RESTITUTION CONCERNS A RESIDENTIAL12
TENANT WHO ASSERTS A DEFENSE PURS UANT TO SECTION 13-40-104 (4)(a)13
AND PROVIDES THE REQUIRED DOCUMENTATION , THE WRIT MUST NOT BE14
EXECUTABLE FOR THIRTY DAYS AFTER ENTRY OF JUDGMENT AND MUST BE15
EXECUTED BY THE OFFICER IN THE DAYTIME BETWEEN SUNRISE AND16
SUNSET.17
SECTION 12. In Colorado Revised Statutes, 38-12-103, amend18
(1) as follows:19
38-12-103. Return of security deposit. (1) A landlord shall,20
within one month after the termination of a lease or surrender and21
acceptance of the premises, whichever occurs last, return to the tenant the22
full security deposit deposited with the landlord by the tenant, unless the23
lease agreement specifies a longer period of time, but not to exceed sixty24
days. No
A LANDLORD SHALL NOT RETAIN THE security deposit shall be25
retained to cover normal wear and tear. IF A TENANT TERMINATES THE26
LEASE PURSUANT TO SECTION 38-12-402 (2)(a) AND PROVIDES THE27
HB25-1168
-16- DOCUMENTATION REQUIRED PURSUANT TO SECTION 38-12-402 (2)(a.5),1
THE TENANT IS NOT LIABLE FOR DAMAGE TO THE DWELLING UNIT CAUSED2
BY THE RESPONSIBLE PARTY OR DURING THE COURSE OF AN INCIDENT OF3
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR4
DOMESTIC ABUSE, AND ANY AMOUNT OF MONEY THAT THE LANDLORD5
RETAINS FROM THE SECURITY DEPOSIT MUST COMPLY WITH SECTION6
38-12-402 (2)(b). In the event that actual cause exists for retaining any7
portion of the security deposit, the landlord shall provide the tenant with8
a written statement listing the exact reasons for the retention of any9
portion of the security deposit. When the statement is delivered, it shall10
MUST be accompanied by payment of the difference between any sum11
deposited and the amount retained. The A landlord is deemed to have12
complied with this section by mailing said THE statement and any13
payment required to the last-known address of the tenant. Nothing in This14
section shall DOES NOT preclude the A landlord from retaining the security15
deposit for nonpayment of rent, abandonment of the premises, or16
nonpayment of utility charges, repair work, or cleaning contracted for by17
the tenant.18
SECTION 13. In Colorado Revised Statutes, 38-12-401, amend19
(3), (4), and (6); and add (4.5), (5.5), (7), and (8) as follows:20
38-12-401. Definitions. As used in this part 4, unless the context21
otherwise requires:22
(3) "Domestic violence" has the same meaning as provided MEANS23
THE CONDUCT DESCRIBED in section 18-6-800.3 (1) OR ANY CONDUCT24
DESCRIBED IN SECTION 13-14-101 (2.1).25
(4) "Medical professional" means a person licensed to practice26
medicine pursuant to article 240 of title 12, or
A PERSON LICENSED AND IN27
HB25-1168
-17- GOOD STANDING TO PRACTICE MEDICINE IN ANOTHER STATE , OR A PERSON1
LICENSED to practice nursing or as a certified midwife pursuant to part 12
of article 255 of title 12
OR IN ANOTHER STATE.3
(4.5) "M
ENTAL HEALTH PROVIDER" MEANS AN EMPLOYEE, AGENT,4
OR VOLUNTEER OF A VICTIM-SURVIVOR SERVICE PROVIDER, AN ATTORNEY,5
A MEDICAL PROFESSIONAL, A MENTAL HEALTH PROFESSIONAL LICENSED OR6
CERTIFIED PURSUANT TO ARTICLE 245 OF TITLE 12, A PEER SUPPORT7
SPECIALIST, AS DEFINED IN SECTION 27-60-108, OR A MENTAL HEALTH8
HOSPITAL, BEHAVIORAL HEALTH ENTITY, CLINIC, OR INSTITUTION.9
(5.5) "T
ENANT" HAS THE SAME MEANING AS SET FORTH IN SECTION10
38-12-502
AND INCLUDES "HOME OWNERS", AS DEFINED IN SECTION11
38-12-201.5.12
(6) "Unlawful sexual behavior" means the criminal offense
13
described OFFENSES LISTED in section 16-22-102 (9) OR ANY CONDUCT14
DESCRIBED IN SECTION 13-14-101 (2.9).15
(7) "V
ICTIM-SURVIVOR" MEANS A RESIDENTIAL TENANT WHO HAS16
PROVIDED DOCUMENTATION REQUIRED PURSUANT TO SECTION 38-12-40217
(2)(a.5).18
(8) "V
ICTIM-SURVIVOR SERVICE PROVIDER " MEANS AN19
ORGANIZATION OR INDIVIDUAL THAT PROVIDES SERVICES TO20
VICTIM-SURVIVORS OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,21
DOMESTIC VIOLENCE, OR DOMESTIC ABUSE , INCLUDING VICTIM'S22
ADVOCATES AS DESCRIBED IN SECTION 13-90-107 (1)(k)(II).23
SECTION 14. In Colorado Revised Statutes, amend 38-12-40224
as follows:25
38-12-402. Protection for victim-survivors of unlawful sexual26
behavior, stalking, domestic violence, or domestic abuse. (1) A27
HB25-1168
-18- landlord shall not include in a residential rental agreement or lease1
agreement for housing a provision authorizing the landlord to terminate2
the agreement, or to impose a penalty on
OR TAKE ANY ADVERSE ACTION3
AGAINST a residential
tenant, for calls made by the residential tenant for4
peace officer assistance or other emergency assistance in response to a5
situation involving
UNLAWFUL SEXUAL BE HAVIOR , STALKING, domestic6
violence,
OR domestic abuse. unlawful sexual behavior, or stalking. A
7
residential tenant may not waive A RESIDENTIAL RENTAL AGREEMENT ,8
LEASE AGREEMENT, OR OTHER AGREEMENT MUST NOT CONTAIN A WAIVER9
OF the residential tenant's right to call for police or other emergency10
assistance.11
(2) (a) If a tenant to a residential rental agreement or lease12
agreement,
OR A QUALIFIED THIRD PARTY DESCRIBED IN SUBSECTION13
(2)(a.5)(I)(B)
OF THIS SECTION, notifies the landlord in writing that he or
14
she THE TENANT is the victim VICTIM-SURVIVOR of unlawful sexual15
behavior, stalking, domestic violence, or domestic abuse and provides to16
the landlord evidence of unlawful sexual behavior, stalking, domestic17
violence, or domestic abuse victimization as described in subsection18
(2)(a.5) of this section, and the residential tenant seeks INTENDS to vacate19
the premises due to fear of imminent danger for self or children because20
of the unlawful sexual behavior, stalking, domestic violence, or domestic21
abuse, then the residential tenant may terminate the residential rental22
agreement or lease agreement and vacate the premises without further23
obligation except as otherwise provided in subsection (2)(b) of this24
section.25
(a.5) (I) For the purposes of subsection (2)(a) of this section,26
(I) to provide evidence that he or she THE TENANT is a victim27
HB25-1168
-19- VICTIM-SURVIVOR of unlawful sexual behavior, STALKING, domestic1
violence, or domestic abuse, a tenant may provide to his or her THE2
landlord a police report written within the prior sixty days, a valid3
protection order, or a written statement from a medical professional or4
application assistant who has examined or consulted with the victim,5
which written statement confirms such fact; and6
(II) To provide evidence that he or she is a victim of stalking, a7
tenant may provide to his or her landlord a police report written within the8
prior sixty days, a valid protection order, or a written statement from an9
application assistant who has consulted with the victim, which written10
statement confirms such fact AT LEAST ONE OF THE FOLLOWING:11
(A) A
SELF-ATTESTATION AFFIDAVIT THAT STATES THE TENANT IS12
A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BE HAVIOR , STALKING,13
DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND THAT THE INCIDENT OF14
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR15
DOMESTIC ABUSE IS THE CAUSE OF, OR CONTRIBUTED TO, TERMINATION OF16
THE RESIDENTIAL TENANCY;17
(B) A
LETTER SIGNED BY A QUALIFIED THIRD PARTY , INCLUDING,18
BUT NOT LIMITED TO, AN EMPLOYEE, AGENT, OR VOLUNTEER OF A19
VICTIM-SURVIVOR SERVICE PROVIDER, AN ATTORNEY, A SOCIAL WORKER,20
A MEDICAL PROFESSIONAL , A FAITH LEADER, OR A MENTAL HEALTH21
PROVIDER FROM WHOM A TENANT HAS SOUGHT ASSISTANCE RELATING TO22
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR23
DOMESTIC ABUSE. THE LETTER MUST STATE THAT THE QUALIFIED THIRD24
PARTY BELIEVES THAT THE INCIDENT OF UNLAWFUL SEXUAL BEHAVIOR ,25
STALKING, DOMESTIC ABUSE, OR DOMESTIC VIOLENCE OCCURRED AND IS26
THE GROUNDS FOR TERMINATION OF THE RESIDENTIAL TENANCY ;27
HB25-1168
-20- (C) A POLICE REPORT FROM THE PRIOR ONE HUNDRED AND1
TWENTY DAYS THAT STATES THE TENANT REPORTED UNLAWFUL SEXUAL2
BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE; OR3
(D) A
VALID CIVIL, CRIMINAL, OR EMERGENCY PROTECTION ORDER4
OR RESTRAINING ORDER ISSUED PURSUANT TO ARTICLE 14 OR ARTICLE 14.55
OF TITLE 13 OR SECTION 18-1-1001.6
(II) A
DDITIONAL OR OTHER DOCUMENTATION IS NOT REQUIRED TO7
QUALIFY THE TENANT AS A VICTIM-SURVIVOR.8
(b) If a tenant to a residential rental agreement or lease agreement9
terminates the residential rental agreement or lease agreement and vacates10
the premises pursuant to subsection (2)(a) of this section
AND IF THE11
LANDLORD HAS INCURRED ECONOMIC DAMAGES AS A DIRECT RESULT OF12
THE TENANT'S EARLY TERMINATION OF THE AGREEMENT AND THE13
LANDLORD HAS PROVIDED DOCUMENTATION OF THE LANDLORD 'S14
INCURRED ECONOMIC DAMAGES TO THE TENANT WITHIN THIRTY DAYS15
AFTER TERMINATION OF THE AGREEMENT , then the tenant is responsible16
for
AN AMOUNT NOT TO EXCEED one month's rent following vacation of17
the premises, which amount is due and payable to the landlord within18
ninety days after the tenant vacates the premises;
EXCEPT THAT, IF19
ANOTHER TENANT REMAINS ON THE RESIDENTIAL RENTAL AGREEMENT OR20
LEASE AGREEMENT AFTER THE VICTIM -SURVIVOR TERMINATES THE21
AGREEMENT, THE LANDLORD SHALL NOT COLLECT THE ONE MONTH 'S RENT22
FROM THE VICTIM-SURVIVOR. The landlord is not obligated to refund the23
security deposit to the tenant until the tenant has paid the one month's rent24
pursuant to this section. Notwithstanding the provisions of section
25
38-12-103, the landlord and the tenant to a residential rental agreement26
or lease agreement may use any amounts owed to the other to offset costs27
HB25-1168
-21- for the one month's rent, or the security deposit. The provisions of this1
subsection (2)(b) apply only if the landlord has experienced and2
documented damages equal to at least one month's rent as a result of the3
tenant's early termination of the agreement. IF THE VICTIM-SURVIVOR AND4
RESPONSIBLE PARTY ARE BOTH PARTIES TO THE RESIDENTIAL RENTAL5
AGREEMENT OR LEASE AGREEMENT , THERE IS A PRESUMPTION THAT THE6
VICTIM-SURVIVOR RECEIVES THE FULL SECURITY DEPOSIT , LESS ANY7
AMOUNT LAWFULLY WITHHELD PURSUANT TO SECTION 38-12-103, AS8
DETERMINED AT THE END OF THE VICTIM -SURVIVOR'S TENANCY. A9
LANDLORD MUST NOT DEDUCT FROM A SECURITY DEPOSIT OR OTHERWISE10
CHARGE A VICTIM-SURVIVOR FOR DAMAGES INCURRED DUE TO THE11
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR12
DOMESTIC ABUSE EXPERIENCED BY A VICTIM -SURVIVOR, AND THE13
LANDLORD MAY ONLY PURSUE COMPENSATION FOR THE DAMAGES FROM14
THE RESPONSIBLE PARTY.15
(c) F
OR A LANDLORD TO SEEK COMPENSATION THAT INCLUDES ,16
BUT DOES NOT EXCEED, ONE MONTH'S RENT PURSUANT TO SUBSECTION17
(2)(b)
OF THIS SECTION, THE LANDLORD SHALL PROVIDE A WRITTEN18
STATEMENT OF ACTUAL DAMAGES AS A DIRECT RESULT OF THE TENANT 'S19
EARLY TERMINATION OF THE RESIDENTIAL RENTAL AGREEMENT OR LEASE20
AGREEMENT WITHIN THIRTY DAYS AFTER THE DATE OF THE TENANT 'S21
NOTICE OF TERMINATION . A LANDLORD'S FAILURE TO PROVIDE THE22
WRITTEN STATEMENT OF DAMAGES INCURRED WITHIN THIRTY DAYS AFTER23
THE DATE OF THE TENANT'S NOTICE OF TERMINATION IS A FORFEITURE OF24
THE LANDLORD'S RIGHT TO CHARGE OR COLLECT ANY FUTURE RENT25
FOLLOWING A TENANT'S EARLY TERMINATION OF THE RESIDENTIAL RENTAL26
AGREEMENT OR LEASE AGREEMENT PURSUANT TO THIS SECTION .27
HB25-1168
-22- (d) (I) A LANDLORD SHALL NOT ASSIGN A DEBT ALLEGEDLY OWED1
PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION BY A VICTIM-SURVIVOR2
TO A THIRD-PARTY DEBT COLLECTOR UNLESS THE LANDLORD :3
(A) C
OMPLIES WITH THE REQUIREMENTS DESCRIBED IN4
SUBSECTIONS (2)(b) AND (2)(c) OF THIS SECTION; AND5
(B) P
ROVIDES AT LEAST NINETY DAYS' WRITTEN NOTICE TO THE6
VICTIM-SURVIVOR EXPRESSING THE LANDLORD 'S INTENT TO ASSIGN THE7
DEBT TO A THIRD-PARTY DEBT COLLECTOR. THE WRITTEN NOTICE MUST BE8
PROVIDED THROUGH ANY METHOD OF COMMUNICATION THAT A9
VICTIM-SURVIVOR REQUESTS FOR CORRESPONDENCE , OR IF NO METHOD10
WAS PROVIDED , THROUGH THE LAST -KNOWN ELECTRONIC11
COMMUNICATION CONTACT INFORMATION , WHICH MAY INCLUDE THE12
VICTIM-SURVIVOR'S EMAIL ADDRESS.13
(II) A
LANDLORD SHALL NOT ASSIGN A DEBT TO A THIRD PARTY IF14
A VICTIM-SURVIVOR COMPLIES WITH THE LAWFUL NOTICE SEEKING15
COLLECTION OF THE UNPAID RENT THAT IS MADE PURSUANT TO16
SUBSECTION (2)(b) OF THIS SECTION AND THIS SUBSECTION (2)(d) BEFORE17
THE EXPIRATION OF THE NINETY-DAY NOTICE REQUIRED PURSUANT TO18
SUBSECTION (2)(d)(I)(B) OF THIS SECTION.19
(III)
A VIOLATION OF THIS SUBSECTION (2)(d) IS A VIOLATION OF20
THE "COLORADO FAIR DEBT COLLECTION PRACTICES ACT", ARTICLE 1621
OF TITLE 5.22
(3) Nothing in this part 4 authorizes the termination of tenancy
23
and A LANDLORD SHALL NOT TERMINATE A RESIDENTIAL RENTAL24
AGREEMENT OR LEASE AGREEMENT OR eviction of a residential tenant25
solely because the residential tenant is the victim VICTIM-SURVIVOR of26
unlawful sexual behavior, stalking, domestic violence, or domestic abuse.27
HB25-1168
-23- (4) (a) If a tenant to a residential rental agreement or lease1
agreement,
OR A QUALIFIED THIRD PARTY DESCRIBED IN SUBSECTION2
(2)(a.5)(I)(B)
OF THIS SECTION, notifies the landlord that the tenant is a3
victim
VICTIM-SURVIVOR of unlawful sexual behavior, stalking, domestic4
violence, or domestic abuse, the landlord shall MUST not disclose such5
fact THAT INFORMATION to any person, INCLUDING A CO-TENANT, except6
with the
EXPRESS WRITTEN consent of the victim
VICTIM-SURVIVOR or as7
IF the landlord may be IS required to do so by law PURSUANT TO A COURT8
ORDER.9
(b) If a tenant to a residential rental agreement or lease agreement10
terminates his or her THE lease pursuant to this section because he or she11
THE TENANT is a victim VICTIM-SURVIVOR of unlawful sexual behavior,12
stalking, domestic violence, or domestic abuse, and the tenant provides13
the landlord with a new address, the landlord shall MUST not disclose such14
THE address to any person except with the EXPRESS WRITTEN consent of15
the victim VICTIM-SURVIVOR or as IF the landlord may be IS required to do16
so by law PURSUANT TO A COURT ORDER .17
(5) A
LANDLORD SHALL NOT INQUIRE ABOUT , CONSIDER, OR18
REQUIRE DISCLOSURE OF ANY INFORMATION FROM A RENTAL APPLICANT19
REGARDING THE APPLICANT 'S STATUS AS A VICTIM -SURVIVOR OR20
EXPERIENCE WITH UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC21
VIOLENCE, OR DOMESTIC ABUSE.22
(6) T
HIS SECTION DOES NOT PROHIBIT A TENANT FROM23
TERMINATING THE TENANT'S RESIDENTIAL RENTAL AGREEMENT OR LEASE24
AGREEMENT PRIOR TO THE COURT 'S ENTRY OF AN EVICTION ORDER.25
(7) (a) I
F A TENANT TO A RESIDENTIAL RENTAL AGREEMENT OR26
LEASE AGREEMENT PROVIDES NOTICE TO THE LANDLORD THAT THE27
HB25-1168
-24- TENANT IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR ,1
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND PROVIDES THE2
LANDLORD WITH THE DOCUMENTATION REQUIRED PURS UANT TO3
SUBSECTION (2)(a.5) OF THIS SECTION, THE LANDLORD SHALL NOT4
PREVENT THE TENANT FROM CHANGING THE LOCKS , OR IMPOSE FEES ON,5
TAKE ANY ADVERSE ACTION AGAINST , OR OTHERWISE RETALIATE AGAINST6
THE TENANT FOR CHANGING THE LOCKS , INCLUDING ELECTRONIC LOCKS,7
OR PREVENT THE TENANT FROM TAKING ANY OTHER REASONABLE SAFETY8
PRECAUTIONS, INCLUDING, BUT NOT LIMITED TO, INSTALLING WINDOW9
BARS, CAMERAS, OR OTHER NON-PERMANENT MODIFICATIONS TO THE10
DWELLING UNIT. A LANDLORD MUST TAKE ALL STEPS REASONABLY11
NECESSARY TO ENSURE THE SAFETY OF THE DWELLING UNIT IN RESPONSE12
TO A TENANT'S SAFETY CONCERNS. ANY PROVISION IN A RESIDENTIAL13
RENTAL AGREEMENT OR LEASE AGREEMENT THAT PROHIBITS A TENANT14
FROM CHANGING A LOCK AS A SAFETY PRECAUTION OR TAKING OTHER15
REASONABLE SAFETY PRECAUTIONS IS NULL AND VOID AND16
UNENFORCEABLE.17
(b) I
T IS NOT A MATERIAL VIOLATION OF THE RESIDENTIAL RENTAL18
AGREEMENT OR LEASE AGREEMENT PURSUANT TO SECTION 13-40-10419
(1)(e)
OR A SUBSTANTIAL VIOLATION OF THE RESIDENTIAL RENTAL20
AGREEMENT OR LEASE AGREEMENT PURSUANT TO SECTION 13-40-10421
(1)(d.5)
IF THE TENANT CHANGES THE LOCKS , INCLUDING ELECTRONIC22
LOCKS, OR TAKES ANY OTHER REASONABLE SAFETY PRECAUTIONS ,23
INCLUDING, BUT NOT LIMITED TO, INSTALLING WINDOW BARS, CAMERAS,24
OR OTHER NON-PERMANENT MODIFICATIONS TO THE DWELLING UNIT .25
(8) A
TENANT MAY BRING A CIVIL ACTION AGAINST A LANDLORD26
FOR A VIOLATION OF THIS SECTION IN ORDER TO RESTRAIN FURTHER27
HB25-1168
-25- VIOLATIONS AND RECOVER DAMAGES , COSTS, AND REASONABLE1
ATTORNEY FEES. IF THE COURT FINDS A VIOLATION OCCURRED, THE COURT2
SHALL AWARD THE TENANT STATUTORY DAMAGES EQUAL TO THE3
TENANT'S ACTUAL DAMAGES AND THE GREATER OF EITHER THREE TIMES4
THE MONTHLY RENT OR FIVE THOUSAND DOLLARS , AS WELL AS ANY5
PUNITIVE DAMAGES, OTHER DAMAGES, ATTORNEY FEES, AND COSTS THAT6
MAY BE OWED TO THE TENANT .7
SECTION 15. In Colorado Revised Statutes, 38-12-1302, amend8
(1)(d) as follows:9
38-12-1302. Applicability. (1) This part 13 applies to every10
residential premises in the state; except that this part 13 does not apply to:11
(d) A residential premises that is leased to a tenant pursuant to an12
employer-provided housing agreement, as defined in section 13-40-104;13
(5)(a);14
SECTION 16. Safety clause. The general assembly finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety or for appropriations for17
the support and maintenance of the departments of the state and state18
institutions.19
HB25-1168
-26-