Colorado 2025 Regular Session

Colorado House Bill HB1168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0412.01 Shelby Ross x4510
8	8		HOUSE BILL 25-1168
9	9		House Committees Senate Committees
10	10		Transportation, Housing & Local Government Judiciary
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING HOUSING PROTECTIONS FOR VICTIM -SURVIVORS OF101
14	14		GENDER-BASED VIOLENCE.102
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov
21	21		.)
22	22		As it relates to unlawful detention of real property, the bill expands
23	23		current exceptions for tenants who are victims of domestic violence to
24	24		include victims of unlawful sexual behavior, stalking, and domestic abuse
25	25		(victim-survivor).
26	26		If domestic violence or domestic abuse was the cause of an alleged
27	27		unlawful detention of real property, current law requires the tenant to
28	28		SENATE
29		-	3rd Reading Unamended
30		-	April 4, 2025
31		-	SENATE
32	29		Amended 2nd Reading
33	30		April 3, 2025
34	31		HOUSE
35	32		3rd Reading Unamended
36	33		March 5, 2025
37	34		HOUSE
38	35		Amended 2nd Reading
39	36		March 4, 2025
40	37		HOUSE SPONSORSHIP
41	38		Lindsay and Espenoza, Bacon, Bird, Boesenecker, Brown, Camacho, Clifford, Duran,
42	39		English, Froelich, Garcia, Jackson, Lukens, Mabrey, Phillips, Rutinel, Sirota, Stewart K.,
43	40		Stewart R., Story, Titone, Willford
44	41		SENATE SPONSORSHIP
45		-	Weissman, Ball, Bridges, Coleman, Cutter, Danielson, Gonzales J., Jodeh, Kipp, Kolker,
46		-	Michaelson Jenet, Rodriguez, Sullivan, Wallace, Winter F.
	42	+	Weissman,
47	43		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48	44		Capital letters or bold & italic numbers indicate new material to be added to existing law.
49	45		Dashes through the words or numbers indicate deletions from existing law. document the domestic violence or domestic abuse through a police
50	46		report or a valid civil or emergency protection order (required
51	47		documentation). The bill expands the required documentation to include
52	48		a self-attestation affidavit or a letter signed by a qualified third party from
53	49		whom the tenant sought assistance. If a tenant has been alleged to have
54	50		committed unlawful detention of real property due to nonpayment or late
55	51		payment of rent and the tenant has provided the landlord with the required
56	52		documentation, the bill requires the landlord to offer the tenant a
57	53		repayment plan no later than 48 hours after serving a demand for unpaid
58	54		rent or no later than 48 hours after receiving the required documentation.
59	55		If a landlord has written or actual notice that a tenant is a
60	56		victim-survivor, the bill requires the landlord to perfect service only
61	57		through personal service to the tenant.
62	58		The bill requires court records related to unlawful detention of real
63	59		property to remain suppressed if a defendant asserts as a defense that the
64	60		defendant is a victim-survivor and provides the required documentation.
65	61		The bill makes changes to certain court procedures as the procedures
66	62		relate to victim-survivors.
67	63		If a tenant who is a victim-survivor terminates a lease and provides
68	64		the required documentation, the tenant is not liable for damage to the
69	65		dwelling unit caused by the responsible party or during the course of an
70	66		incident of unlawful sexual behavior, stalking, domestic violence, or
71	67		domestic abuse. The bill requires the tenant to pay no more than one
72	68		month's rent following vacation only if the landlord has incurred
73	69		economic damages as a direct result of the early termination and the
74	70		landlord has provided documentation of the economic damages to the
75	71		tenant within 30 days after termination of the agreement.
76	72		The bill prohibits a landlord from assigning a debt allegedly owed
77	73		by a tenant who is a victim-survivor to a third-party debt collector unless
78	74		the landlord complies with the requirement to provide the tenant with
79	75		documentation of the economic damages incurred by the landlord and
80	76		provides at least 90 days' written notice to the tenant.
81	77		If a tenant provides notice to the landlord that the tenant is a
82	78		victim-survivor and provides the required documentation, the bill
83	79		prohibits the landlord from preventing the tenant from changing the locks
84	80		and prohibits the landlord from imposing fees on, taking any adverse
85	81		action against, or otherwise retaliating against the tenant for changing the
86	82		locks or taking other reasonable safety precautions. The bill authorizes a
87	83		tenant to bring a civil action against a landlord for violating this
88	84		provision.
89	85		Be it enacted by the General Assembly of the State of Colorado:1
90	86		SECTION 1. Legislative declaration. (1) The general assembly2
91	87		1168-2- finds and declares that:1
92	88		(a) Subordination, misuse of power, and controlling behavior are2
93	89		common forms of gender-based violence. This abuse and violence can3
94	90		happen between intimate partners, family members, or outside a4
95	91		preexisting relationship and can include unlawful sexual behavior,5
96	92		stalking, domestic violence, and domestic abuse.6
97	93		(b) Gender-based violence is a leading cause of statewide housing7
98	94		instability. In 2023 in the Denver-metro area and throughout Colorado's8
99	95		54 rural and non-metro counties, approximately 11% of people9
100	96		experiencing homelessness reported fleeing domestic violence, and 1,26510
101	97		statewide reported being a victim-survivor of domestic violence.11
102	98		(c) Gender-based violence both imperils a victim-survivor's12
103	99		existing safe housing and exposes those victim-survivors who are13
104	100		experiencing housing instability to further abusive tactics.14
105	101		Victim-survivors are left to navigate housing insecurity in the immediate15
106	102		aftermath of violence in order to escape danger, often while they are16
107	103		isolated from support networks and services needed to locate and pay for17
108	104		stable housing and to protect their legal rights.18
109	105		(d) Safe and stable housing is essential to a victim-survivor's19
110	106		ability to leave an abusive relationship. Often, an abuser relies on20
111	107		coercive emotional, physical, and financial control to prevent a21
112	108		victim-survivor from leaving the shared home, or the abuser weaponizes22
113	109		knowledge of the victim-survivor's home address to continue the abuse.23
114	110		In addition to the physical benefits housing provides, a stable and24
115	111		independent home also contributes to a victim-survivor's sense of25
116	112		autonomy and psychological and emotional well-being.26
117	113		(e) Gender-based violence perpetuates cycles of poverty and27
118	114		1168
119	115		-3- imperils a victim-survivor's economic stability by endangering or1
120	116		preventing employment, decimating credit history, and depleting the2
121	117		victim-survivor's available money. Consequently, many victim-survivors3
122	118		in Colorado face eviction when the victim-survivor is unable to pay rent.4
123	119		(2) Therefore, the general assembly intends to preserve5
124	120		victim-survivors' due process rights, safety, and housing stability with6
125	121		laws that can be interpreted and construed broadly.7
126	122		SECTION 2. In Colorado Revised Statutes, 13-40-104, amend8
127	123		(4) and (5); add (6); and repeal (1)(j)(III) as follows:9
128	124		13-40-104. Unlawful detention defined - definitions - repeal.10
129	125		(1) A person has committed an unlawful detention of real property in the11
130	126		following cases:12
131	127		(j) (III) It shall not constitute a nuisance or disturbance for13
132	128		purposes of this subsection (1)(j) if a victim of domestic violence is being14
133	129		accused of causing a disturbance or nuisance as a direct result of being a15
134	130		victim of domestic violence. This exception applies only to victims of16
135	131		domestic violence and not to perpetrators.17
136	132		(4) (a) It shall not constitute IS NOT an unlawful detention of real18
137	133		property as described in paragraph (d.5), (e), or (e.5) of subsection (1)19
138	134		SUBSECTION (1)(d), (1)(d.5), (1)(e), (1)(e.5), OR (1)(j) of this section if the20
139	135		tenant or lessee is the victim of A VICTIM-SURVIVOR OF UNLAWFUL21
140	136		SEXUAL BEHAVIOR, STALKING, domestic violence, as that term is defined22
141	137		in section 18-6-800.3, C.R.S., or of domestic abuse, as that term is23
142	138		defined in section 13-14-101, (2), which UNLAWFUL SEXUAL BEHAVIOR ,24
143	139		STALKING, domestic violence, or domestic abuse was the cause of,25
144	140		CONTRIBUTED TO, or resulted in the alleged unlawful detention and which26
145	141		UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic violence, or domestic27
146	142		1168
147	143		-4- abuse has been documented by AT LEAST ONE OF the following:1
148	144		(I) A police report; or2
149	145		(II) A valid civil,
150	146		CRIMINAL, or emergency protection order OR3
151	147		RESTRAINING ORDER ISSUED PURSUANT TO ARTICLE 14 OR ARTICLE 14.54
152	148		OF TITLE 13 OR SECTION 18-1-1001;5
153	149		(III) A
154	150		SELF-ATTESTATION AFFIDAVIT THAT STATES THE TENANT6
155	151		IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,7
156	152		DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND THAT THE INCIDENT OF8
157	153		UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR9
158	154		DOMESTIC ABUSE IS THE CAUSE OF, CONTRIBUTED TO, OR RESULTED IN THE10
159	155		ALLEGED UNLAWFUL DETENTION OF REAL PROPERTY DESCRIBED IN11
160	156		SUBSECTION (1)(d), (1)(d.5), (1)(e), OR (1)(e.5) OF THIS SECTION. THE
161	157		12
162	158		SELF-ATTESTATION AFFIDAVIT MUST INCLUDE THE NAME OF THE PARTY13
163	159		WHO IS ALLEGEDLY RESPONSIBLE FOR THE UNLAWFUL SEXUAL BEHAVIOR ,14
164	160		STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE, IF THE NAME OF THE15
165	161		PARTY IS KNOWN AND IF THE TENANT DETERMINES IT IS SAFE TO PROVIDE .16
166	162		(IV) (A) A LETTER SIGNED BY A QUALIFIED THIRD PARTY ,17
167	163		INCLUDING, BUT NOT LIMITED TO, AN EMPLOYEE, AGENT, OR VOLUNTEER18
168	164		OF A VICTIM-SURVIVOR SERVICE PROVIDER , AN ATTORNEY, A SOCIAL19
169	165		WORKER, A MEDICAL PROFESSIONAL, A FAITH LEADER, OR A MENTAL20
170	166		HEALTH PROVIDER, AS DEFINED IN SECTION 38-12-401, FROM WHOM A21
171	167		TENANT HAS SOUGHT ASSISTANCE RELATING TO UNLAWFUL SEXUAL22
172	168		BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE. THE23
173	169		LETTER MUST STATE THAT THE QUALIFIED THIRD PARTY BELIEVES THAT24
174	170		THE INCIDENT OF UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC25
175	171		VIOLENCE, OR DOMESTIC ABUSE OCCURRED AND IS THE CAUSE OF ,26
176	172		CONTRIBUTED TO, OR RESULTED IN THE ALLEGED UNLAWFUL DETENTION27
177	173		1168
178	174		-5- DESCRIBED IN SUBSECTION (1)(d), (1)(d.5), (1)(e), OR (1)(e.5) OF THIS1
179	175		SECTION.2
180	176		(B) IF A LANDLORD RECEIVES DOCUMENTATION PURS UANT TO THIS3
181	177		SUBSECTION (4)(a) THAT CONTAINS CONFLICTING INFORMATION, THE4
182	178		LANDLORD MAY REQUIRE A TENANT TO SUBMIT A LETTER SIGNED BY A5
183	179		QUALIFIED THIRD-PARTY PURSUANT TO SUBSECTION (4)(a)(IV)(A) OF THIS6
184	180		SECTION.7
185	181		(b) A person is not guilty of an unlawful detention of real property8
186	182		pursuant to paragraph (a) of this subsection (4) SUBSECTION (4)(a) OF THIS9
187	183		SECTION, INCLUDING FOR NONPAYMENT OF RENT , IF THE TENANT AGREES10
188	184		TO AND REMAINS COMPLIANT WITH THE REQUIREMENTS DESCRIBED IN11
189	185		SUBSECTION (4)(e) OF THIS SECTION AND if the alleged violation of the12
190	186		rental or lease agreement is a result of WAS CAUSED BY OR RESULTED13
191	187		FROM UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic violence, or14
192	188		domestic abuse against the tenant or lessee.15
193	189		(c) A rental, lease, or other such agreement shall MUST not contain16
194	190		a waiver by the tenant or lessee of the protections provided in this17
195	191		subsection (4).18
196	192		(d) Nothing in This subsection (4) shall DOES NOT prevent the19
197	193		landlord from seeking judgment for possession against the tenant or20
198	194		lessee of the premises who perpetuated IS RESPONSIBLE FOR the21
199	195		UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC violence, or22
200	196		DOMESTIC abuse that was the cause of, CONTRIBUTED TO, or resulted in23
201	197		the alleged unlawful detention
202	198		OF REAL PROPERTY.24
203	199		(e) (I) (A) I
204	200		F THE TENANT HAS BEEN ALLEGED TO HAVE25
205	201		COMMITTED UNLAWFUL DETENTION OF REAL PROPERTY DUE TO26
206	202		NONPAYMENT OR LATE PAYMENT OF RENT AND THE TENANT HAS27
207	203		1168
208	204		-6- PROVIDED DOCUMENTATION PURSUANT TO SUBSECTION (4)(a) OF THIS1
209	205		SECTION THAT THE TENANT IS A VICTIM-SURVIVOR, THE LANDLORD SHALL2
210	206		OFFER THE TENANT A REPAYMENT PLAN NO LATER THAN THREE BUSINESS3
211	207		DAYS AFTER SERVING A DEMAND FOR UNPAID RENT OR NO LATER THAN4
212	208		THREE BUSINESS DAYS AFTER RECEIVING THE DOCUMENTATION DESCRIBED5
213	209		IN SUBSECTION (4)(a) OF THIS SECTION, WHICHEVER IS LATER. WITHIN6
214	210		SEVEN DAYS AFTER RECEIPT OF THE REPAYMENT PLAN OFFERED BY THE7
215	211		LANDLORD, THE TENANT SHALL ACCEPT THE LANDLORD 'S REPAYMENT8
216	212		PLAN OR PROPOSE AN ALTERNATIVE REPAYMENT PLAN THAT CONFORMS9
217	213		WITH THE REQUIREMENTS OF THIS SUBSECTION (4)(e). IF THE TENANT10
218	214		ACCEPTS THE REPAYMENT PLAN AND EITHER PARTY NOTIFIES THE COURT11
219	215		BY MOTION, THE COURT MUST VACATE ANY PREVIOUS ORDER OF12
220	216		JUDGMENT. IF EITHER PARTY NOTIFIES A COURT THAT THE PARTIES HAVE13
221	217		AGREED UPON A REPAYMENT PLAN, THE COURT SHALL NOT ENTER AN14
222	218		ORDER OF JUDGMENT FOR POSSESSION OR FOR MONETARY DAMAGES15
223	219		DURING THE PENDENCY OF A REPAYMENT PLAN , EXCEPT AS PROVIDED IN16
224	220		SUBSECTION (4)(e)(I)(B) OF THIS SECTION. A LANDLORD'S FAILURE TO17
225	221		OFFER A REPAYMENT PLAN PURSUANT TO THIS SUBSECTION (4)(e)(I)(A) IS18
226	222		AN AFFIRMATIVE DEFENSE TO AN ACTION FOR UNLAWFUL DETAINER . A19
227	223		TENANT'S FAILURE TO ACCEPT THE LANDLORD 'S REPAYMENT PLAN OR20
228	224		FAILURE TO PROPOSE AN ALTERNATIVE REPAYMENT PLAN WITHIN SEVEN21
229	225		DAYS AFTER RECEIPT OF THE LANDLORD 'S REPAYMENT PLAN IS A WAIVER22
230	226		OF THE AFFIRMATIVE DEFENSE . THE REPAYMENT PLAN MUST BE23
231	227		STRUCTURED AT THE TENANT 'S DISCRETION AND MUST INCLUDE , AT A24
232	228		MINIMUM, A REQUIREMENT THAT THE TENANT PAY THE FULL REPAYMENT25
233	229		OF ALL LAWFULLY OWED RENT AND MAKE PAYMENTS ON A MONTHLY26
234	230		BASIS, AND THE REPAYMENT PLAN MUST INCLUDE THE AMOUNT THAT27
235	231		1168
236	232		-7- MUST BE PAID ON A MONTHLY BASIS , WHICH MUST BE AT LEAST1
237	233		TWENTY-FIVE DOLLARS PER MONTH. THE REPAYMENT PLAN MUST NOT2
238	234		EXCEED NINE MONTHS FROM THE DATE THE PLAN IS ESTABLISHED .3
239	235		(B) T
240	236		HE TENANT SHALL MAKE PAYMENTS ACCORDING TO THE4
241	237		REPAYMENT PLAN SCHEDULE . ANY PAYMENT MADE MORE THAN TEN
242	238		DAYS5
243	239		AFTER THE DATE AGREED UPON FOR EACH PAYMENT INSTALLMENT IS6
244	240		UNTIMELY. IF A TENANT FAILS TO MAKE A PAYMENT OR MAKES THREE OR7
245	241		MORE UNTIMELY PAYMENTS , THE LANDLORD MAY SERVE , NO SOONER8
246	242		THAN SEVEN DAYS AFTER THE PAYMENT IS UNTIMELY OR IS NOT MADE ,9
247	243		THE TENANT WITH A NOTICE OF DEFAULT DEMANDING PAYMENT OF ALL10
248	244		RENT THAT REMAINS LAWFULLY OWED A PAYMENT THAT IS NOT MADE11
249	245		BEFORE THE NEXT MONTHLY PAYMENT IS DUE CONSTITUTES A FAILURE TO12
250	246		MAKE A PAYMENT. IF THE TENANT FAILS TO MAKE THE PAYMENT OF ALL13
251	247		REMAINING RENT WITHIN SEVEN DAYS, THE LANDLORD MAY FILE A MOTION14
252	248		FOR JUDGMENT FOR POSSESSION . IN AN ACTION FOR JUDGMENT FOR15
253	249		POSSESSION, THE TENANT MAY ASSERT ANY AVAILABLE DEFENSES FOR16
254	250		NONPAYMENT OF RENT THAT MAY BE APPLICABLE .17
255	251		(C) A
256	252		LANDLORD SHALL NOT CHARGE A TENANT ANY FEES ,18
257	253		INTEREST, OR PENALTIES ASSOCIATED WITH A REPAYMENT PLAN .19
258	254		(II) I
259	255		F A TENANT HAS SATISFIED THE DOCUMENTATION20
260	256		REQUIREMENTS DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION AND21
261	257		THE TENANT RELINQUISHES POSSESSION OF THE PROPERTY , THE TENANT IS22
262	258		ENTITLED TO REPAY ANY LAWFULLY OWED RENT AND IS ENTITLED TO ANY23
263	259		OTHER PROTECTIONS AVAILABLE PURSUANT TO SUBSECTION (4)(e)(I) OF24
264	260		THIS SECTION, AND THE LANDLORD SHALL NOT PURSUE A CLAIM FOR25
265	261		MONETARY DAMAGES UNLESS THE TENANT HAS FAILED TO COMPLY WITH26
266	262		THE TERMS OF THE REPAYMENT PLAN .27
267	263		1168
268	264		-8- (5) As used in this section, unless the context otherwise requires:1
269	265		(a) "D
270	266		OMESTIC ABUSE" HAS THE SAME MEANING AS SET FORTH IN2
271	267		SECTION 38-12-401.3
272	268		(b) "D
273	269		OMESTIC VIOLENCE" HAS THE SAME MEANING AS SET FORTH4
274	270		IN SECTION 38-12-401.5
275	271		(a)
276	272		(c) "Employer-provided housing agreement" means a6
277	273		residential tenancy agreement between an employee and an employer7
278	274		when the employer or an affiliate of the employer acts as a landlord.8
279	275		(b) (d) "Exempt residential agreement" means a residential9
280	276		agreement leasing a single family home by a landlord who owns five or10
281	277		fewer single family rental homes and who provides notice in the11
282	278		agreement that a ten-day notice period required pursuant to this section12
283	279		does not apply to the tenancy entered into pursuant to the agreement.13
284	280		(e) "S
285	281		TALKING" HAS THE SAME MEANING AS SET FORTH IN SECTION14
286	282		38-12-401.15
287	283		(f) "U
288	284		NLAWFUL SEXUAL BEHAVIOR " HAS THE SAME MEANING AS16
289	285		SET FORTH IN SECTION 38-12-401.17
290	286		(g) "V
291	287		ICTIM-SURVIVOR" HAS THE SAME MEANING AS SET FORTH IN18
292	288		SECTION 38-12-401.19
293	289		(6) (a) IF THE PROVISIONS OF HOUSE BILL 25-1168 ENACTED IN20
294	290		2025 REQUIRE THE JUDICIAL DEPARTMENT TO MAKE CHANGES TO ANY21
295	291		FORMS, THE JUDICIAL DEPARTMENT SHALL COMPLETE THE CHANGES TO22
296	292		FORMS AND HAVE THE NEW FORMS AVAILABLE NO LATER THAN AUGUST,23
297	293		6, 2025.24
298	294		(b) THIS SUBSECTION (6) REPEALS, EFFECTIVE JULY 1, 2026.25
299	295		SECTION 3. In Colorado Revised Statutes, 13-40-106, add (4)26
300	296		as follows:27
301	297		1168
302	298		-9- 13-40-106. Written demand. (4) I F THE DEMAND OR NOTICE1
303	299		REQUIRED BY SECTION 13-40-104 OR 38-12-1303 INCLUDES A DEMAND2
304	300		FOR UNPAID RENT, THE DEMAND OR NOTICE MUST INCLUDE A STATEMENT3
305	301		THAT IF THE TENANT HAS EXPERIENCED UNLAWFUL SEXUAL BEHAVIOR ,4
306	302		STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE THAT HAS CAUSED5
307	303		THE TENANT TO MISS A RENT PAYMENT , THE TENANT MAY PROVIDE THE6
308	304		LANDLORD WITH DOCUMENTATION OF THE UNLAWFUL SE XUAL BEHAVIOR ,7
309	305		STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND IS ENTITLED TO8
310	306		A REPAYMENT PLAN THAT ALLOWS THE TENANT TO REPAY THE UNPAID9
311	307		RENT OVER A PERIOD OF TIME NOT TO EXCEED NINE MONTHS.10
312	308		SECTION 4. In Colorado Revised Statutes, 13-40-107.5, amend11
313	309		(5)(c); and add (1)(e) as follows:12
314	310		13-40-107.5. Termination of tenancy for substantial violation13
315	311		- definition - legislative declaration. (1) The general assembly finds and14
316	312		declares that:15
317	313		(e) A
318	314		TENANT WHO EXPERIENCES UNLAWFUL SEXUAL BEHAVIOR ,16
319	315		STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE IS NOT RESPONSIBLE17
320	316		FOR THE ACTS OF THE RESPONSIBLE PARTY , ESPECIALLY WHEN THE18
321	317		RESPONSIBLE PARTY EXERCISES CONTROL OVER THE TENANT , AND THE19
322	318		TENANT MUST NOT BE UNFAIRLY PENALIZED OR SUFFER THE UNDUE LOSS20
323	319		OF HOUSING DUE TO THE ACTS OF THE RESPONSIBLE PARTY .21
324	320		(5) (c) (I) The
325	321		A landlord shall DOES not have a basis for22
326	322		possession under PURSUANT TO this section if the tenant or lessee is the23
327	323		victim VICTIM-SURVIVOR of UNLAWFUL SEXUAL BE HAVIOR , STALKING,24
328	324		domestic violence, as that term is defined in section 18-6-800.3, C.R.S.,25
329	325		or of domestic abuse, as that term is defined in section 13-14-101 (2),26
330	326		which
331	327		UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic violence, or27
332	328		1168
333	329		-10- domestic abuse was the cause of, CONTRIBUTED TO, or resulted in the1
334	330		alleged substantial violation and which THE UNLAWFUL SEXUAL2
335	331		BEHAVIOR, STALKING, domestic violence, or domestic abuse has been3
336	332		documented pursuant to the provisions set forth in section 13-40-104 (4).4
337	333		(II) Nothing in this paragraph (c) shall THIS SUBSECTION (5)(c)5
338	334		DOES NOT prevent the A landlord from seeking possession against a tenant6
339	335		or lessee of the premises who perpetuated IS RESPONSIBLE FOR the7
340	336		UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC violence, or8
341	337		DOMESTIC abuse that was the cause of, CONTRIBUTED TO, or resulted in9
342	338		the alleged substantial violation.10
343	339		SECTION 5. In Colorado Revised Statutes, amend 13-40-108 as11
344	340		follows:12
345	341		13-40-108. Service of notice to vacate or demand. (1) E
346	342		XCEPT13
347	343		AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, a written notice to14
348	344		vacate or demand as required by section 13-40-104, 38-12-202,15
349	345		38-12-204, or 38-12-1303 may be served by delivering a copy of the16
350	346		notice to a known tenant occupying the premises, or by leaving such
351	347		THE17
352	348		copy with some A person OR a member of the tenant's family above the18
353	349		age of fifteen years WHO IS OLDER THAN FIFTEEN YEARS OF AGE, residing19
354	350		on or in charge of the premises, or, in case no one is on the premises after20
355	351		attempts at personal service at least once on two separate days, by posting21
356	352		the copy in some A conspicuous place on the premises.22
357	353		(2) I
358	354		F A TENANT PROVIDES THE LANDLORD WITH WRITTEN OR23
359	355		ACTUAL NOTICE THAT THE TENANT IS A VICTIM -SURVIVOR OF UNLAWFUL24
360	356		SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE,25
361	357		THE LANDLORD SHALL MAKE ALL REASONABLE EFFORTS TO
362	358		PERFECT26
363	359		SERVICE DESCRIBED IN SUBSECTION (1) OF THIS SECTION THROUGH27
364	360		1168
365	361		-11- PERSONAL SERVICE TO THE TENANT WHO PROVIDED THE WRITTEN OR1
366	362		ACTUAL NOTICE. IF PERSONAL SERVICE CANNOT BE PERFECTED AFTER2
367	363		THREE ATTEMPTS, THE LANDLORD SHALL PERFECT SERVICE BY POSTING A3
368	364		COPY OF THE NOTICE IN A CONSPICUOUS PLACE ON THE PREMISES AND BY4
369	365		SERVING THE NOTICE TO THE TENANT THR OUGH CERTIFIED MAIL OR5
370	366		THROUGH ANY COMMERCIAL MAIL COURIER , PROVIDED THE NOTICE6
371	367		INCLUDES A RECEIPT OR OTHER DOCUMENTATION DEMONSTRATING PROOF7
372	368		OF DELIVERY.8
373	369		SECTION 6. In Colorado Revised Statutes, 13-40-110, add (3.5)9
374	370		as follows:10
375	371		13-40-110. Action - how commenced - report. (3.5) IF THE11
376	372		TENANT PROVIDES WRITTEN OR ACTUAL NOTICE TO THE LANDLORD THAT12
377	373		THE TENANT IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR,13
378	374		STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE, AND THE TENANT14
379	375		CONSENTS TO THE LANDLORD SHARING THE INFORMATION WITH THE15
380	376		COURT, THE LANDLORD SHALL DISCLOSE THE INFORMATION ON THE16
381	377		COMPLAINT OR WITH THE RETURN OF SERVICE FILED WITH THE COURT .17
382	378		SECTION 7. In Colorado Revised Statutes, 13-40-110.5, amend18
383	379		(3) as follows:19
384	380		13-40-110.5. Automatic suppression of court records -20
385	381		definition. (3) (a) E
386	382		XCEPT AS PROVIDED IN
387	383		SUBSECTION (3)(b) OF THIS21
388	384		SECTION, when an order granting the plaintiff possession of the premises22
389	385		is entered in an action to which this section applies, the record is no23
390	386		longer a suppressed court record and the court shall make the record24
391	387		available to the public unless the parties to the action agree that the record25
392	388		should remain suppressed. If the parties agree that the record should26
393	389		remain suppressed, the record remains a suppressed court record.27
394	390		1168
395	391		-12- 1
396	392		(b) A DEFENDANT WHO IS A VICTIM -SURVIVOR PURSUANT TO2
397	393		SECTION 13-40-104 MAY FILE A MOTION OR PETITION TO SUPPRESS A3
398	394		COURT RECORD RELATED TO AN ACTION FOR POSSESSION OR TO MAINTAIN4
399	395		A RECORD AS SUPPRESSED IF THE RECORD IS CURRENTLY SUPPRESSED ,5
400	396		INCLUDING A RECORD THAT PREDATES THE EFFECTIVE DATE OF THIS6
401	397		SECTION. UPON RECEIVING A MOTION OR PETITION TO SUPPRESS , THE7
402	398		COURT SHALL SUPPRESS, OR CONTINUE TO SUPPRESS, ANY RELATED8
403	399		RECORDS, INCLUDING A JUDGMENT FOR POSSESSION IF ONE IS ENTERED, IF9
404	400		A TENANT PROVIDES ONE OR MORE OF THE DOCUMENTS DESCRIBED IN10
405	401		SECTION 13-40-104 (4)(a) AND ASSERTS THAT PUBLIC ACCESS TO THE11
406	402		RECORDS POSES A RISK TO THE DEFENDANT 'S SAFETY OR THE SAFETY OF A12
407	403		FAMILY MEMBER OF THE DEFENDANT 'S HOUSEHOLD.13
408	404		SECTION 8. In Colorado Revised Statutes, 13-40-111, amend14
409	405		(6)(b); and add (6)(d) and (6)(e) as follows:15
410	406		13-40-111. Issuance and return of summons. (6) A summons16
411	407		issued pursuant to this section must also contain:17
412	408		(b) A form that allows either party to request all documents in the18
413	409		landlord's and tenant's possession relevant to the current action; and19
414	410		(d) A
415	411		STATEMENT, IN BOLD-FACED TYPE, THAT INFORMS THE20
416	412		DEFENDANT THAT IF THE DEFENDANT HAS EXPERIENCED UNLAWFUL21
417	413		SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE22
418	414		THAT WAS THE CAUSE OF, CONTRIBUTED TO, OR RESULTED IN AN ALLEGED23
419	415		LEASE VIOLATION THAT IS THE SUBJECT OF THE ACTION FOR POSSESSION ,24
420	416		A DEFENSE MAY EXIST AND THE TENANT MAY BE ENTITLED TO A25
421	417		REPAYMENT PLAN PURSUANT TO SECTION 13-40-104 (4)(e) FOR ANY RENT26
422	418		THAT REMAINS LAWFULLY OWED ; AND27
423	419		1168
424	420		-13- (e) INFORMATION ABOUT HOW TO ENROLL IN THE ADDRESS1
425	421		CONFIDENTIALITY PROGRAM PURSUANT TO PART 21 OF ARTICLE 30 OF2
426	422		TITLE 24.3
427	423		SECTION 9. In Colorado Revised Statutes, 13-40-112, amend4
428	424		(1) and (2) as follows:5
429	425		13-40-112. Service. (1) Such A summons may be served by6
430	426		personal service as in any civil action. A copy of the complaint must be7
431	427		served with the summons. I
432	428		F A DEFENDANT PROVIDES THE PLAINTIFF WITH8
433	429		WRITTEN OR ACTUAL NOTICE THAT THE DEFENDANT IS A VICTIM -SURVIVOR9
434	430		OF UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR10
435	431		DOMESTIC ABUSE, THE PLAINTIFF SHALL ONLY PERFECT SERVICE THROUGH11
436	432		PERSONAL SERVICE TO THE DEFENDANT WHO PROVIDED THE WRITTEN OR12
437	433		ACTUAL NOTICE.13
438	434		(2) E
439	435		XCEPT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION, if14
440	436		personal service cannot be had
441	437		MADE upon the defendant by a person15
442	438		qualified under the Colorado rules of civil procedure to serve process,16
443	439		after having made diligent effort to make such THE personal service, such17
444	440		THE person may make service by posting a copy of the summons and the18
445	441		complaint in some conspicuous place upon the premises. In addition,19
446	442		thereto, the plaintiff shall mail, no later than the next business day20
447	443		following the day on which he or she THE PLAINTIFF files the complaint,21
448	444		a copy of the summons, or, in the event that an alias summons is issued,22
449	445		a copy of the alias summons, and a copy of the complaint to the defendant23
450	446		at the premises by postage prepaid, first-class mail.24
451	447		SECTION 10. In Colorado Revised Statutes, 13-40-113, amend25
452	448		(1), (2), and (4)(a); and add (4)(a.5) as follows:26
453	449		13-40-113. Answer of defendant - additional and amended27
454	450		1168
455	451		-14- pleadings. (1) (a) The defendant shall file with the court, at or before the1
456	452		day specified for the defendant's appearance in the summons, an answer2
457	453		in writing. The defendant's answer must set forth the grounds on which3
458	454		the defendant bases the defendant's claim for possession, admitting or4
459	455		denying all of the material allegations of the complaint, and presenting5
460	456		every defense which THAT then exists and upon which the defendant6
461	457		intends to rely, either by including the same in the defendant's answer or7
462	458		by simultaneously filing motions setting forth every such EACH defense.8
463	459		(b) I
464	460		F THE DEFENDANT ASSERTS BY MOTION THAT THE DEFENDANT9
465	461		DID NOT TIMELY FILE AN ANSWER IN WRITING BECAUSE THE DEFENDANT10
466	462		IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,11
467	463		DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND DID NOT RECEIVE OR HAVE12
468	464		A REASONABLE OPPORTUNITY TO REVIEW THE SUMMONS AND COMPLAINT13
469	465		OR THE DEFENDANT WAS OTHERWISE UNABLE TO APPEAR , THE COURT14
470	466		SHALL RELIEVE THE DEFENDANT FROM FINAL JUDGMENT AND VACATE ANY15
471	467		JUDGMENT OR WRIT OF RESTITUTION THAT MAY HAVE BEEN ISSUED AND16
472	468		PROVIDE THE DEFENDANT WITH A REASONABLE AMOUNT OF TIME , NO LESS17
473	469		THAN SEVEN DAYS, TO SUBMIT AN ANSWER TO THE COMPLAINT .18
474	470		(2) The court for good cause may permit the filing of additional19
475	471		and amended pleadings if it will not result in a delay prejudicial to the20
476	472		defendant. I
477	473		F THE DEFENDANT ASSERTS A DEFENSE DESCRIBED IN SECTION21
478	474		13-40-104 (4)(a),
479	475		THE COURT SHALL PERMIT THE FILING OF ADDITIONAL22
480	476		AND AMENDED PLEADINGS .23
481	477		(4) After an answer is provided to the court pursuant to this24
482	478		section:25
483	479		(a) The court shall set a date for trial no sooner than seven
484	480		DAYS,26
485	481		but not more than ten days, after the answer is filed, unless the defendant27
486	482		1168
487	483		-15- requests a waiver of this THE requirement in the defendant's answer or1
488	484		after filing an answer; except that a court may extend beyond ten days if2
489	485		either party demonstrates good cause for an extension, if the court3
490	486		otherwise finds justification for the extension, or if a party participating4
491	487		remotely pursuant to section 13-40-113.5 was disconnected and unable5
492	488		to reestablish connection. The requirement set forth in this subsection6
493	489		(4)(a) does not apply to a forcible entry and detainer petition that alleges7
494	490		a substantial violation, as defined in section 13-40-107.5 (3), or8
495	491		terminates a tenancy pursuant to section 38-12-203 (1)(f),
496	492		UNLESS THE9
497	493		ALLEGED SUBSTANTIAL VIOLATION OR TERMINATION OF TENANCY IS A10
498	494		RESULT OF UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC11
499	495		VIOLENCE, OR DOMESTIC
500	496		ABUSE, PROVIDED THAT THE COURT HAS BEEN12
501	497		MADE AWARE THAT THE TENANT IS A VICTIM -SURVIVOR.13
502	498		(a.5) I
503	499		F A DEFENDANT IN AN ACTION FILED PURSUANT TO THIS14
504	500		ARTICLE 40 ASSERTS A DEFENSE DESCRIBED IN SECTION 13-40-104 (4)(a)15
505	501		AND REQUESTS AN EXTENSION OF A SCHEDULED TRIAL DATE , THE COURT16
506	502		SHALL FIND GOOD CAUSE EXISTS TO EXTEND THE TRIAL DATE BEYOND TEN17
507	503		DAYS AFTER THE ANSWER IS FILED AND SHALL MAKE ALL REASONABLE18
508	504		EFFORTS TO SCHEDULE THE TRIAL DATE TO ACCOMMODATE ANY SAFETY19
509	505		CONCERNS RAISED BY THE DEFENDANT REQUESTING THE EXTENSION .20
510	506		SECTION
511	507		11. In Colorado Revised Statutes, 13-40-115, amend21
512	508		(4) introductory portion as follows:22
513	509		13-40-115. Judgment - writ of restitution - cure period. (4) A23
514	510		landlord who provides a tenant with proper notice of nonpayment shall24
515	511		accept payment of the tenant's full payment of all amounts
516	512		LAWFULLY due25
517	513		according to the notice, as well as any rent that remains due under the26
518	514		rental agreement
519	515		OR THAT REMAINS DUE PURSUANT TO A REPAYMENT27
520	516		1168
521	517		-16- PLAN ESTABLISHED PURSUANT TO SECTION 13-40-104 (4)(e), at any time1
522	518		until a judge issues a judgment for possession pursuant to subsection (1)2
523	519		or (2) of this section. A tenant may pay this amount to either the landlord3
524	520		or to the court. Once a court has confirmation that the full amount has4
525	521		been timely paid, the court shall:5
526	522		SECTION 12. In Colorado Revised Statutes, 13-40-122, amend6
527	523		(1)(a) introductory portion; and add (1)(a.5) as follows:7
528	524		13-40-122. Writ of restitution after judgment - definitions.8
529	525		(1) (a) E
530	526		XCEPT AS PROVIDED IN SUBSECTION (1)(a.5) OF THIS SECTION, a9
531	527		court shall not issue a writ of restitution upon any judgment entered in10
532	528		any action pursuant to this article 40 until forty-eight hours after the time11
533	529		of the entry of the judgment. If the writ of restitution concerns a12
534	530		residential tenant who receives supplemental security income, social13
535	531		security disability insurance under Title II of the federal "Social Security14
536	532		Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through15
537	533		the Colorado works program created in part 7 of article 2 of title 26, the16
538	534		writ must specify that the writ is not executable for thirty days after entry17
539	535		of judgment pursuant to subsection (1)(b) of this section; except in the18
540	536		case:19
541	537		(a.5) I
542	538		F THE WRIT OF RESTITUTION CONCERNS A RESIDENTIAL20
543	539		TENANT WHO ASSERTS A DEFENSE PURSUANT TO SECTION 13-40-104 (4)(a)21
544	540		AND PROVIDES THE REQUIRED DOCUMENTATION ,
545	541		ANY FILING SUBMITTED22
546	542		BY THE PLAINTIFF THAT REQUESTS A WRIT MUST INCLUDE A STATEMENT23
547	543		THAT IDENTIFIES THE DEFENDANT AS A VICTIM-SURVIVOR OF UNLAWFUL24
548	544		SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE,25
549	545		AND A STATEMENT SPECIFYING THAT THE WRIT IS NOT EXECUTABLE FOR26
550	546		THIRTY DAYS AFTER ENTRY. IF THE WRIT OF RESTITUTION IS GRANTED BY27
551	547		1168
552	548		-17- THE COURT, THE WRIT MUST NOT BE EXECUTABLE FOR THIRTY DAYS AFTER1
553	549		ENTRY OF JUDGMENT AND MUST BE EXECUTED BY THE OFFICER IN THE2
554	550		DAYTIME BETWEEN SUNRISE AND SUNSET .3
555	551		SECTION 13. In Colorado Revised Statutes, 38-12-103, amend4
556	552		(1) as follows:5
557	553		38-12-103. Return of security deposit. (1) A landlord shall,6
558	554		within one month after the termination of a lease or surrender and7
559	555		acceptance of the premises, whichever occurs last, return to the tenant the8
560	556		full security deposit deposited with the landlord by the tenant, unless the9
561	557		lease agreement specifies a longer period of time, but not to exceed sixty10
562	558		days. No A LANDLORD SHALL NOT RETAIN THE security deposit shall be11
563	559		retained to cover normal wear and tear. IF A TENANT TERMINATES THE12
564	560		LEASE PURSUANT TO SECTION 38-12-402 (2)(a) AND PROVIDES THE13
565	561		DOCUMENTATION REQUIRED PURSUANT TO SECTION 38-12-402 (2)(a.5),14
566	562		THE TENANT IS NOT LIABLE FOR DAMAGE TO THE DWELLING UNIT CAUSED15
567	563		BY THE RESPONSIBLE PARTY OR DURING THE COURSE OF AN INCIDENT OF16
568	564		UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR17
569	565		DOMESTIC ABUSE, AND ANY AMOUNT OF MONEY THAT THE LANDLORD18
570	566		RETAINS FROM THE SECURITY DEPOSIT MUST COMPLY WITH SECTION19
571	567		38-12-402 (2)(b). In the event that actual cause exists for retaining any20
572	568		portion of the security deposit, the landlord shall provide the tenant with21
573	569		a written statement listing the exact reasons for the retention of any22
574	570		portion of the security deposit. When the statement is delivered, it shall23
575	571		MUST be accompanied by payment of the difference between any sum24
576	572		deposited and the amount retained. The A landlord is deemed to have25
577	573		complied with this section by mailing said THE statement and any26
578	574		payment required to the last-known address of the tenant. Nothing in This27
579	575		1168
580	576		-18- section shall DOES NOT preclude the A landlord from retaining the security1
581	577		deposit for nonpayment of rent, abandonment of the premises, or2
582	578		nonpayment of utility charges, repair work, or cleaning contracted for by3
583	579		the tenant.4
584	580		SECTION 14. In Colorado Revised Statutes, 38-12-401, amend5
585	581		(3), (4), and (6); and add (4.5), (5.5), (7), and (8) as follows:6
586	582		38-12-401. Definitions. As used in this part 4, unless the context7
587	583		otherwise requires:8
588	584		(3) "Domestic violence" has the same meaning as provided MEANS9
589	585		THE CONDUCT DESCRIBED in section 18-6-800.3 (1) OR ANY CONDUCT10
590	586		DESCRIBED IN SECTION 13-14-101 (2.1).11
591	587		(4) "Medical professional" means a person licensed to practice12
592	588		medicine pursuant to article 240 of title 12, or
593	589		A PERSON LICENSED AND IN13
594	590		GOOD STANDING TO PRACTICE MEDICINE IN ANOTHER STATE , OR A PERSON14
595	591		LICENSED to practice nursing or as a certified midwife pursuant to part 115
596	592		of article 255 of title 12
597	593		OR IN ANOTHER STATE.16
598	594		(4.5) "M
599	595		ENTAL HEALTH PROVIDER" MEANS AN EMPLOYEE, AGENT,17
600	596		OR VOLUNTEER OF A VICTIM-SURVIVOR SERVICE PROVIDER, AN ATTORNEY,18
601	597		A MEDICAL PROFESSIONAL, A MENTAL HEALTH PROFESSIONAL LICENSED OR19
602	598		CERTIFIED PURSUANT TO ARTICLE 245 OF TITLE 12, A PEER SUPPORT20
603	599		SPECIALIST, AS DEFINED IN SECTION 27-60-108, OR A MENTAL HEALTH21
604	600		HOSPITAL, BEHAVIORAL HEALTH ENTITY, CLINIC, OR INSTITUTION.22
605	601		(5.5) "T
606	602		ENANT" HAS THE SAME MEANING AS SET FORTH IN SECTION23
607	603		38-12-502
608	604		AND INCLUDES "HOME OWNERS", AS DEFINED IN SECTION24
609	605		38-12-201.5.25
610	606		(6) "Unlawful sexual behavior" means the criminal offense
611	607		26
612	608		described OFFENSES LISTED in section 16-22-102 (9) OR ANY CONDUCT27
613	609		1168
614	610		-19- DESCRIBED IN SECTION 13-14-101 (2.9).1
615	611		(7) "V
616	612		ICTIM-SURVIVOR" MEANS A RESIDENTIAL TENANT WHO HAS2
617	613		PROVIDED DOCUMENTATION REQUIRED PURSUANT TO SECTION 38-12-4023
618	614		(2)(a.5).4
619	615		(8) "V
620	616		ICTIM-SURVIVOR SERVICE PROVIDER " MEANS AN5
621	617		ORGANIZATION OR INDIVI DUAL THAT PROVIDES SERVICES TO6
622	618		VICTIM-SURVIVORS OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,7
623	619		DOMESTIC VIOLENCE, OR DOMESTIC ABUSE , INCLUDING VICTIM'S8
624	620		ADVOCATES AS DESCRIBED IN SECTION 13-90-107 (1)(k)(II).9
625	621		SECTION
626	622		15. In Colorado Revised Statutes, amend 38-12-40210
627	623		as follows:11
628	624		38-12-402. Protection for victim-survivors of unlawful sexual12
629	625		behavior, stalking, domestic violence, or domestic abuse. (1) A13
630	626		landlord shall not include in a residential rental agreement or lease14
631	627		agreement for housing a provision authorizing the landlord to terminate15
632	628		the agreement, or to impose a penalty on
633	629		OR TAKE ANY ADVERSE ACTION16
634	630		AGAINST a residential
635	631		tenant, for calls made by the residential tenant for17
636	632		peace officer assistance or other emergency assistance in response to a18
637	633		situation involving
638	634		UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic19
639	635		violence,
640	636		OR domestic abuse. unlawful sexual behavior, or stalking. A
641	637		20
642	638		residential tenant may not waive A RESIDENTIAL RENTAL AGREEMENT ,21
643	639		LEASE AGREEMENT, OR OTHER AGREEMENT MUST NOT CONTAIN A WAIVER22
644	640		OF the residential tenant's right to call for police or other emergency23
645	641		assistance.24
646	642		(2) (a) If a tenant to a residential rental agreement or lease25
647	643		agreement,
648	644		OR A QUALIFIED THIRD PARTY DESCRIBED IN SUBSECTION26
649	645		(2)(a.5)(I)(B)
650	646		OF THIS SECTION, notifies the landlord in writing that he or
651	647		27
652	648		1168
653	649		-20- she THE TENANT is the victim VICTIM-SURVIVOR of unlawful sexual1
654	650		behavior, stalking, domestic violence, or domestic abuse and provides to2
655	651		the landlord evidence of unlawful sexual behavior, stalking, domestic3
656	652		violence, or domestic abuse victimization as described in subsection4
657	653		(2)(a.5) of this section, and the residential tenant seeks INTENDS to vacate5
658	654		the premises due to fear of imminent danger for self or children because6
659	655		of the unlawful sexual behavior, stalking, domestic violence, or domestic7
660	656		abuse, then the residential tenant may terminate the residential rental8
661	657		agreement or lease agreement and vacate the premises without further9
662	658		obligation except as otherwise provided in subsection (2)(b) of this10
663	659		section.11
664	660		(a.5) (I) For the purposes of subsection (2)(a) of this section,12
665	661		(I) to provide evidence that he or she THE TENANT is a victim13
666	662		VICTIM-SURVIVOR of unlawful sexual behavior, STALKING, domestic14
667	663		violence, or domestic abuse, a tenant may provide to his or her THE15
668	664		landlord a police report written within the prior sixty days, a valid16
669	665		protection order, or a written statement from a medical professional or17
670	666		application assistant who has examined or consulted with the victim,18
671	667		which written statement confirms such fact; and19
672	668		(II) To provide evidence that he or she is a victim of stalking, a20
673	669		tenant may provide to his or her landlord a police report written within the21
674	670		prior sixty days, a valid protection order, or a written statement from an22
675	671		application assistant who has consulted with the victim, which written23
676	672		statement confirms such fact AT LEAST ONE OF THE FOLLOWING:24
677	673		(A) A
678	674		SELF-ATTESTATION AFFIDAVIT THAT STATES THE TENANT IS25
679	675		A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,26
680	676		DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND THAT THE INCIDENT OF27
681	677		1168
682	678		-21- UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR1
683	679		DOMESTIC ABUSE IS THE CAUSE OF, OR CONTRIBUTED TO, TERMINATION OF2
684	680		THE RESIDENTIAL TENANCY. IF A LANDLORD RECEIVES DOCUMENTATION3
685	681		PURSUANT TO THIS SUBSECTION (2)(a.5)(I) THAT CONTAINS CONFLICTING4
686	682		INFORMATION, THE LANDLORD MAY REQUIRE A TENANT TO SUBMIT A5
687	683		LETTER SIGNED BY A QUALIFIED THIRD-PARTY PURSUANT TO THIS6
688	684		SUBSECTION (2)(a.5)(I)(B). THE SELF-ATTESTATION AFFIDAVIT MUST7
689	685		INCLUDE THE NAME OF THE PARTY WHO IS ALLEGEDLY RESPONSIBLE FOR8
690	686		THE UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR9
691	687		DOMESTIC ABUSE, IF THE NAME OF THE PARTY IS KNOWN AND IF THE10
692	688		TENANT DETERMINES IT IS SAFE TO PROVIDE.11
693	689		(B) A
694	690		LETTER SIGNED BY A QUALIFIED THIRD PARTY , INCLUDING,12
695	691		BUT NOT LIMITED TO, AN EMPLOYEE, AGENT, OR VOLUNTEER OF A13
696	692		VICTIM-SURVIVOR SERVICE PROVIDER, AN ATTORNEY, A SOCIAL WORKER,14
697	693		A MEDICAL PROFESSIONAL , A FAITH LEADER, OR A MENTAL HEALTH15
698	694		PROVIDER FROM WHOM A TENANT HAS SOUGHT ASSISTANCE RELATING TO16
699	695		UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR17
700	696		DOMESTIC ABUSE. THE LETTER MUST STATE THAT THE QUALIFIED THIRD18
701	697		PARTY BELIEVES THAT THE INCIDENT OF UNLAWFUL SEXUAL BEHAVIOR ,19
702	698		STALKING, DOMESTIC ABUSE, OR DOMESTIC VIOLENCE OCCURRED AND IS20
703	699		THE GROUNDS FOR TERMINATION OF THE RESIDENTIAL TENANCY ;21
704	700		(C) A
705	701		POLICE REPORT FROM THE PRIOR ONE HUNDRED AND22
706	702		TWENTY DAYS THAT STATES THE TENANT REPORTED UNLAWFUL SEXUAL23
707	703		BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE; OR24
708	704		(D) A
709	705		VALID CIVIL, CRIMINAL, OR EMERGENCY PROTECTION ORDER25
710	706		OR RESTRAINING ORDER ISSUED PURSUANT TO ARTICLE 14 OR ARTICLE 14.526
711	707		OF TITLE 13 OR SECTION 18-1-1001.27
712	708		1168
713	709		-22- (II) ADDITIONAL OR OTHER DOCUMENTATION IS NOT REQUIRED TO1
714	710		QUALIFY THE TENANT AS A VICTIM -SURVIVOR. IF A TENANT SEEKS TO2
715	711		EXERCISE THE RIGHTS PURSUANT TO THIS SECTION BUT HAS NOT PROVIDED3
716	712		THE DOCUMENTATION REQUIRED PURSUANT TO SUBSECTION (2)(a.5)(I) OF4
717	713		THIS SECTION, THE TENANT SHALL PROVIDE THE REQUIRED5
718	714		DOCUMENTATION TO THE LANDLORD WITHIN SEVEN DAYS AFTER THE6
719	715		LANDLORD'S WRITTEN REQUEST.7
720	716		(b) If a tenant to a residential rental agreement or lease agreement8
721	717		terminates the residential rental agreement or lease agreement and vacates9
722	718		the premises pursuant to subsection (2)(a) of this section
723	719		AND IF THE10
724	720		LANDLORD HAS INCURRED ECONOMIC DAMAGES AS A DIRECT RESULT OF11
725	721		THE TENANT'S EARLY TERMINATION OF THE AGREEMENT AND THE12
726	722		LANDLORD HAS PROVIDED DOCUMENTATION OF THE L ANDLORD 'S13
727	723		INCURRED ECONOMIC DAMAGES TO THE TENANT WITHIN THIRTY DAYS14
728	724		AFTER TERMINATION OF THE AGREEMENT , then the tenant is responsible15
729	725		for
730	726		AN AMOUNT NOT TO EXCEED one month's rent following vacation of16
731	727		the premises, which amount is due and payable to the landlord within17
732	728		ninety days after the tenant vacates the premises;
733	729		EXCEPT THAT, IF18
734	730		ANOTHER TENANT REMAINS ON THE RESIDENTIAL RENTAL AGREEMENT OR19
735	731		LEASE AGREEMENT AFTER THE VICTIM -SURVIVOR TERMINATES THE20
736	732		AGREEMENT, THE LANDLORD SHALL NOT COLLECT THE ONE MONTH 'S RENT21
737	733		FROM THE VICTIM-SURVIVOR. The landlord is not obligated to refund the22
738	734		security deposit to the tenant until the tenant has paid the one month's rent23
739	735		pursuant to this section. Notwithstanding the provisions of section
740	736		24
741	737		38-12-103, the landlord and the tenant to a residential rental agreement25
742	738		or lease agreement may use any amounts owed to the other to offset costs26
743	739		for the one month's rent, or the security deposit. The provisions of this27
744	740		1168
745	741		-23- subsection (2)(b) apply only if the landlord has experienced and1
746	742		documented damages equal to at least one month's rent as a result of the2
747	743		tenant's early termination of the agreement. IF THE VICTIM-SURVIVOR AND3
748	744		RESPONSIBLE PARTY ARE BOTH PARTIES TO THE RESIDENTIAL RENTAL4
749	745		AGREEMENT OR LEASE AGREEMENT , THERE IS A PRESUMPTION THAT THE5
750	746		VICTIM-SURVIVOR RECEIVES THE FULL SECURITY DEPOSIT , LESS ANY6
751	747		AMOUNT LAWFULLY WITHHELD PURSUANT TO SECTION 38-12-103, AS7
752	748		DETERMINED AT THE END OF THE VICTIM -SURVIVOR'S TENANCY. A8
753	749		LANDLORD MUST NOT DEDUCT FROM A SECURITY DEPOSIT OR OTHERWISE9
754	750		CHARGE A VICTIM-SURVIVOR FOR DAMAGES INCURRED DUE TO THE10
755	751		UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR11
756	752		DOMESTIC ABUSE EXPERIENCED BY A VICTIM -SURVIVOR, AND THE12
757	753		LANDLORD MAY ONLY PURSUE COMPENSATION FOR THE DAMAGES FROM13
758	754		THE RESPONSIBLE PARTY.14
759	755		(c) F
760	756		OR A LANDLORD TO SEEK COMPENSATION THAT INCLUDES ,15
761	757		BUT DOES NOT EXCEED, ONE MONTH'S RENT PURSUANT TO SUBSECTION16
762	758		(2)(b)
763	759		OF THIS SECTION, THE LANDLORD SHALL PROVIDE A WRITTEN17
764	760		STATEMENT OF ACTUAL DAMAGES AS A DIRECT RESULT OF THE TENANT 'S18
765	761		EARLY TERMINATION OF THE RESIDENTIAL RENTAL AGREEMENT OR LEASE19
766	762		AGREEMENT WITHIN THIRTY DAYS AFTER THE DATE THE TENANT VACATES
767	763		20
768	764		THE PROPERTY. A LANDLORD'S FAILURE TO PROVIDE THE WRITTEN21
769	765		STATEMENT OF DAMAGES INCURRED WITHIN THIRTY DAYS AFTER THE22
770	766		DATE THE TENANT VACATES THE PROPERTY IS A FORFEITURE OF THE23
771	767		LANDLORD'S RIGHT TO CHARGE OR COLLECT ANY FUTURE RENT24
772	768		FOLLOWING A TENANT'S EARLY TERMINATION OF THE RESIDENTIAL RENTAL25
773	769		AGREEMENT OR LEASE AGREEMENT PURSUANT TO THIS SECTION .26
774	770		(d) (I) A
775	771		LANDLORD SHALL NOT ASSIGN A DEBT ALLEGEDLY OWED27
776	772		1168
777	773		-24- PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION BY A VICTIM-SURVIVOR1
778	774		TO A THIRD-PARTY DEBT COLLECTOR UNLESS THE LANDLORD :2
779	775		(A) C
780	776		OMPLIES WITH THE REQUIREMENTS DESCRIBED IN3
781	777		SUBSECTIONS (2)(b) AND (2)(c) OF THIS SECTION; AND4
782	778		(B) P
783	779		ROVIDES AT LEAST NINETY DAYS' WRITTEN NOTICE TO THE5
784	780		VICTIM-SURVIVOR EXPRESSING THE LANDLORD 'S INTENT TO ASSIGN THE6
785	781		DEBT TO A THIRD-PARTY DEBT COLLECTOR. THE WRITTEN NOTICE MUST BE7
786	782		PROVIDED THROUGH ANY METHOD OF COMMUNICATION THAT A8
787	783		VICTIM-SURVIVOR REQUESTS FOR CORRESPONDENCE , OR IF NO METHOD9
788	784		WAS PROVIDED , THROUGH THE LAST -KNOWN ELECTRONIC10
789	785		COMMUNICATION CONTACT INFORMATION , WHICH MAY INCLUDE THE11
790	786		VICTIM-SURVIVOR'S EMAIL ADDRESS.12
791	787		(II) A
792	788		LANDLORD SHALL NOT ASSIGN A DEBT TO A THIRD PARTY IF13
793	789		A VICTIM-SURVIVOR COMPLIES WITH THE LAWFUL NOTICE SEEKING14
794	790		COLLECTION OF THE UNPAID RENT THAT IS MADE PURSUANT TO15
795	791		SUBSECTION (2)(b) OF THIS SECTION AND THIS SUBSECTION (2)(d) BEFORE16
796	792		THE EXPIRATION OF THE NINETY-DAY NOTICE REQUIRED PURSUANT TO17
797	793		SUBSECTION (2)(d)(I)(B) OF THIS SECTION.18
798	794		19
799	795		(3) Nothing in this part 4 authorizes the termination of tenancy20
800	796		and A LANDLORD SHALL NOT TERMINATE A RESIDENTIAL RENTAL21
801	797		AGREEMENT OR LEASE AGREEMENT OR eviction of a residential tenant22
802	798		solely because the residential tenant is the victim VICTIM-SURVIVOR of23
803	799		unlawful sexual behavior, stalking, domestic violence, or domestic abuse.24
804	800		(4) (a) If a tenant to a residential rental agreement or lease25
805	801		agreement,
806	802		OR A QUALIFIED THIRD PARTY DESCRIBED IN SUBSECTION26
807	803		(2)(a.5)(I)(B)
808	804		OF THIS SECTION, notifies the landlord that the tenant is a27
809	805		1168
810	806		-25- victim VICTIM-SURVIVOR of unlawful sexual behavior, stalking, domestic1
811	807		violence, or domestic abuse, the landlord shall MUST not disclose such2
812	808		fact THAT INFORMATION to any person, INCLUDING A CO-TENANT, except3
813	809		with the
814	810		EXPRESS WRITTEN consent of the victim
815	811		VICTIM-SURVIVOR or as4
816	812		IF the landlord may be IS required to do so by law PURSUANT TO A COURT5
817	813		ORDER. HOWEVER, IF THE TENANT PROVIDES WRITTEN OR ACTUAL NOTICE6
818	814		TO THE LANDLORD THAT THE TENANT IS A VICTIM-SURVIVOR AND THE7
819	815		TENANT CONSENTS TO THE LANDLORD SHARING THE INFORMATION WITH8
820	816		THE COURT, THE LANDLORD SHALL DISCLOSE THE INFORMATION TO THE9
821	817		COURT IN ANY CIVIL ACTION ON THE COMPLAINT WITH THE RETURN OF10
822	818		SERVICE FILED WITH THE COURT, OR AT ANY SUCH TIME THAT THE11
823	819		LANDLORD BECOMES AWARE OF THE TENANT 'S STATUS AS A12
824	820		VICTIM-SURVIVOR.13
825	821		(b) If a tenant to a residential rental agreement or lease agreement14
826	822		terminates his or her THE lease pursuant to this section because he or she15
827	823		THE TENANT is a victim VICTIM-SURVIVOR of unlawful sexual behavior,16
828	824		stalking, domestic violence, or domestic abuse, and the tenant provides17
829	825		the landlord with a new address, the landlord shall MUST not disclose such18
830	826		THE address to any person except with the EXPRESS WRITTEN consent of19
831	827		the victim VICTIM-SURVIVOR or as IF the landlord may be IS required to do20
832	828		so by law PURSUANT TO A COURT ORDER .21
833	829		(5) A
834	830		LANDLORD SHALL NOT INQUIRE ABOUT , CONSIDER, OR22
835	831		REQUIRE DISCLOSURE OF ANY INFORMATION FROM A RENTAL APPLICANT23
836	832		REGARDING THE APPLICANT 'S STATUS AS A VICTIM -SURVIVOR OR24
837	833		EXPERIENCE WITH UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC25
838	834		VIOLENCE, OR DOMESTIC ABUSE.26
839	835		(6) T
840	836		HIS SECTION DOES NOT PROHIBIT A TENANT FROM27
841	837		1168
842	838		-26- TERMINATING THE TENANT'S RESIDENTIAL RENTAL AGREEMENT OR LEASE1
843	839		AGREEMENT PRIOR TO THE COURT 'S ENTRY OF AN EVICTION ORDER.2
844	840		(7) (a) I
845	841		F A TENANT TO A RESIDENTIAL RENTAL AGREEMENT OR3
846	842		LEASE AGREEMENT PROVIDES NOTICE TO THE LANDLORD THAT THE4
847	843		TENANT IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR ,5
848	844		STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND PROVIDES THE6
849	845		LANDLORD WITH THE DOCUMENTATION REQUIRED PURSUANT TO7
850	846		SUBSECTION (2)(a.5) OF THIS SECTION, THE LANDLORD SHALL NOT8
851	847		PREVENT THE TENANT FROM CHANGING THE LOCKS , OR IMPOSE FEES ON,9
852	848		TAKE ANY ADVERSE ACTION AGAINST , OR OTHERWISE RETALIATE AGAINST10
853	849		THE TENANT FOR CHANGING THE LOCKS , INCLUDING ELECTRONIC LOCKS,11
854	850		OR PREVENT THE TENANT FROM TAKING ANY OTHER REASONABLE SAFETY12
855	851		PRECAUTIONS, INCLUDING, BUT NOT LIMITED TO, INSTALLING WINDOW13
856	852		BARS, CAMERAS, OR OTHER NON-PERMANENT MODIFICATIONS TO THE14
857	853		DWELLING UNIT. A LANDLORD MUST TAKE ALL STEPS REASONABLY15
858	854		NECESSARY TO ENSURE THE SAFETY OF THE DWELLING UNIT IN RESPONSE16
859	855		TO A TENANT'S SAFETY CONCERNS. ANY PROVISION IN A RESIDENTIAL17
860	856		RENTAL AGREEMENT OR LEASE AGREEMENT THAT PROHIBITS A TENANT18
861	857		FROM CHANGING A LOCK AS A SAFETY PRECAUTION OR TAKING OTHER19
862	858		REASONABLE SAFETY PRECAUTIONS IS NULL AND VOID AND20
863	859		UNENFORCEABLE.21
864	860		(b) I
865	861		T IS NOT A MATERIAL VIOLATION OF THE RESIDENTIAL RENTAL22
866	862		AGREEMENT OR LEASE AGREEMENT PURSUANT TO SECTION 13-40-10423
867	863		(1)(e)
868	864		OR A SUBSTANTIAL VIOLATION OF THE RESIDENTIAL RENTAL24
869	865		AGREEMENT OR LEASE AGREEMENT PURSUANT TO SECTION 13-40-10425
870	866		(1)(d.5)
871	867		IF THE TENANT CHANGES THE LOCKS , INCLUDING ELECTRONIC26
872	868		LOCKS, OR TAKES ANY OTHER REASONABLE SAFETY PRECAUTIONS ,27
873	869		1168
874	870		-27- INCLUDING, BUT NOT LIMITED TO, INSTALLING WINDOW BARS, CAMERAS,1
875	871		OR OTHER NON-PERMANENT MODIFICATIONS TO THE DWELLING UNIT .2
876	872		(c) (I) IF A TENANT CHANGES A LOCK, INCLUDING AN ELECTRONIC3
877	873		LOCK, PURSUANT TO THIS SUBSECTION (7), THE TENANT SHALL MAKE ALL4
878	874		REASONABLE EFFORTS TO PROVIDE THE LANDLORD WITH A COPY OF THE5
879	875		KEY, OR THE ELECTRONIC CODE OR OTHER INFORMATION NEEDED TO6
880	876		ACCESS AN ELECTRONIC LOCK, AS SOON AS REASONABLY PRACTICABLE7
881	877		BUT NO LATER THAN FOURTEEN DAYS AFTER THE LOCK OR ELECTRONIC8
882	878		LOCK IS CHANGED.9
883	879		(II) IF THE LANDLORD, PROPERTY MANAGER, OR OWNER OF THE10
884	880		PROPERTY IS THE PERSON ALLEGED TO BE RESPONSIBLE FOR THE11
885	881		UNLAWFUL SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR12
886	882		DOMESTIC ABUSE, THE TENANT SHALL MAKE REASONABLE EFFORTS TO13
887	883		PROVIDE A COPY OF THE KEY OR ELECTRONIC CODE TO ANOTHER PERSON14
888	884		WHO HAS THE AUTHORITY TO MANAGE THE PROPERTY AND WHO THE15
889	885		TENANT DETERMINES IS SAFE, PROVIDED THE PERSON WHO IS GIVEN A16
890	886		COPY OF THE KEY OR ELECTRONIC CODE AGREES NOT TO SHARE THE KEY17
891	887		OR ELECTRONIC CODE WITH THE LANDLORD, PROPERTY MANAGER, OR18
892	888		OWNER WHO IS ALLEGED TO BE RESPONSIBLE FOR THE UNLAWFUL SEXUAL19
893	889		BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE.20
894	890		(8) A
895	891		TENANT MAY BRING A CIVIL ACTION AGAINST A LANDLORD21
896	892		FOR A VIOLATION OF THIS SECTION IN ORDER TO RESTRAIN FURTHER22
897	893		VIOLATIONS AND RECOVER DAMAGES , COSTS, AND REASONABLE23
898	894		ATTORNEY FEES. IF THE COURT FINDS A VIOLATION OCCURRED, THE COURT24
899	895		SHALL AWARD THE TENANT STATUTORY DAMAGES EQUAL TO THE25
900	896		TENANT'S ACTUAL DAMAGES AND THE GREATER OF EITHER THREE TIMES26
901	897		THE MONTHLY RENT OR FIVE THOUSAND DOLLARS , AS WELL AS ANY27
902	898		1168
903	899		-28- PUNITIVE DAMAGES, OTHER DAMAGES, ATTORNEY FEES, AND COSTS THAT1
904	900		MAY BE OWED TO THE TENANT .2
905	901		SECTION 16. In Colorado Revised Statutes, 38-12-1302, amend3
906	902		(1)(d) as follows:4
907	903		38-12-1302. Applicability. (1) This part 13 applies to every5
908	904		residential premises in the state; except that this part 13 does not apply to:6
909	905		(d) A residential premises that is leased to a tenant pursuant to an7
910	906		employer-provided housing agreement, as defined in section 13-40-104;8
911	907		(5)(a);9
912	908		SECTION 17. Effective date. This act takes effect upon passage;10
913	909		except that sections 3, 5, 6, 7, 8, and 11 take effect August 6, 2025.11
914	910		SECTION 18. Safety clause. The general assembly finds,12
915	911		determines, and declares that this act is necessary for the immediate13
916	912		preservation of the public peace, health, or safety or for appropriations for14
917	913		the support and maintenance of the departments of the state and state15
918	914		institutions.16
919	915		1168
920	916		-29-