HB 25-1168 Fiscal Note Legislative Council Staff Nonpartisan Services for Colorado’s Legislature HB 25-1168: HOUSING PROTECTIONS FOR VICTIM-SURVIVORS Prime Sponsors: Rep. Lindsay; Espenoza Sen. Weissman Published for: Senate Judiciary Drafting number: LLS 25-0412 Fiscal Analyst: Shukria Maktabi, 303-866-4720 shukria.maktabi@coleg.gov Version: First Revised Note Date: March 13, 2025 Fiscal note status: The fiscal note reflects the reengrossed bill. Summary Information Overview. The bill expands housing protections for victims of domestic violence, domestic abuse, unlawful sexual behavior, and stalking. Types of impacts. The bill is projected to affect the following areas on an ongoing basis: State Revenue State Expenditures Local Government Appropriations. No appropriation is required. Table 1 State Fiscal Impacts Type of Impact Budget Year FY 2025-26 Out Year FY 2026-27 State Revenue $0 $0 State Expenditures $0 $0 Transferred Funds $0 $0 Change in TABOR Refunds $0 $0 Change in State FTE 0.0 FTE 0.0 FTE Page 2 March 13, 2025 HB 25-1168 Summary of Legislation The bill expands housing protections for victims of domestic violence, domestic abuse, unlawful sexual behavior, and stalking (victim-survivors), as described below. Protection from Unlawful Detention of Real Property Currently, a tenant who is a victim of domestic violence or domestic abuse cannot be found guilty of unlawful detention of real property if the lease violation is caused by domestic violence or abuse, provided the tenant has a police report or a civil or emergency protection order. The bill expands these protections to include victims of unlawful sexual behavior and stalking, and also expands eligible documentation to include self-attestation or a letter signed by a qualified third party. The bill also requires landlords to offer a repayment plan to victim-survivors alleged of unlawful detention due to unpaid rent. The landlord may issue a notice of default or file for possession if payments are not made on time. No fees or penalties can be charged by the landlord in the repayment plans, and victim-survivors may move out while repaying without facing additional penalties, unless they violate the repayment plan. The bill also requires landlords to deliver notices to vacate to victim-survivors only through personal service. Court Proceedings for Victim-Survivors The bill allows victim-survivors to file a motion or petition to suppress court records related to unlawful detention of property in certain circumstances. The bill also allows the court to grant additional time to respond or extend trial dates to victim- survivors who are unable to receive or review court summons and complaints, or are unable to appear. Tenant Rights for Victim-Survivors The bill allows victim-survivors who terminate a lease to not be liable for property damage caused by the perpetrator during incidents of unlawful sexual behavior, stalking, domestic violence, or domestic abuse. Victim-survivors may owe one month’s rent if the landlord documents economic losses from an early lease termination and notifies the tenant within 30 days. The bill prohibits landlords from transferring debts to third-party collectors unless they provide 90-day notice. Tenants who notify landlords of their victim-survivor status cannot be prevented from changing locks or penalized for safety measures. Landlords face civil liability for violating this provision. Page 3 March 13, 2025 HB 25-1168 State Revenue The bill may impact revenue to the Judicial Department in two ways. First, the courts may see an increase in filing fees from civil case filings against landlords in violation of the new requirements for victim-survivors. However, to the extent the bill leads to fewer eviction or other landlord-tenant related cases, revenue from filing fees will decrease. This impact is expected to be minimal, as it is anticipated that landlords will largely comply with the new requirements. Revenue from filing fees is subject to TABOR. State Expenditures Trial courts in the Judicial Department may experience an impact in workload to the extent additional civil cases are filed under the bill and more information is reviewed in existing cases, such as repayment plans. The fiscal note assumes that landlords will generally comply with the law and any increase will be minimal. Local Government Similar to the state, the Denver County Court may experience a minimal revenue and workload impact to the extent additional civil cases are filed under the bill. Effective Date The bill takes effect upon signature of the Governor, or upon becoming law without his signature, except that Sections 3, 5, 6, 7, 8, and 11 take effect August 6, 2025. State and Local Government Contacts Counties Judicial Local Affairs Municipalities 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.