Colorado 2025 2025 Regular Session

Colorado House Bill HB1240 Introduced / Fiscal Note

Filed 02/26/2025

                    HB 25-1240  
 
Fiscal Note 
Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
HB 25-1240: PROTECTIONS FOR TENANTS WITH HOUSING SUBSIDIES  
Prime Sponsors: 
Rep. Joseph; Froelich 
Sen. Winter F.  
Published for: House Business Affairs & Labor  
Drafting number: LLS 25-0087  
Fiscal Analyst: 
Clayton Mayfield, 303-866-5851 
clayton.mayfield@coleg.gov  
Version: Initial Fiscal Note  
Date: February 25, 2025 
Fiscal note status: The fiscal note reflects the introduced bill. 
Summary Information 
Overview. The bill modifies tenant and landlord laws regarding tenants using housing subsidies. 
Types of impacts. The bill is projected to affect the following areas on an ongoing basis: 
 Minimal State Revenue 	 State Expenditures 
Appropriations. For FY 2025-26, the bill requires an appropriation of $33,268 to the Department of 
Regulatory Agencies. 
Table 1 
State Fiscal Impacts 
Type of Impact
1
 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
State Revenue 	$0 	$0 
State Expenditures 	$42,513 	$42,513 
Transferred Funds  	$0 	$0 
Change in TABOR Refunds 	$0 	$0 
Change in State FTE 	0.5 FTE 	0.5 FTE 
1
 Fund sources for these impacts are shown in the tables below.  Page 2 
February 25, 2025  HB 25-1240 
 
 
Table 1A 
State Expenditures 
Fund Source 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
General Fund 	$33,268 	$33,268 
Cash Funds 	$0 	$0 
Federal Funds  	$0 	$0 
Centrally Appropriated 	$9,245 	$9,245 
Total Expenditures 	$42,513 	$42,513 
Total FTE 	0.5 FTE 	0.5 FTE 
Summary of Legislation 
The bill modifies several tenant and landlord laws and provides additional protections for 
tenants who receive housing subsidies, as described below. 
Eviction Notice 
Landlords are prohibited from evicting a tenant for nonpayment of rent less than 30 days after a 
notice to vacate is provided.   
Late Fees 
Landlords are prohibited from charging a late fee greater than $20 to tenants receiving housing 
subsidies. 
Warranty of Habitability  
Current law requires landlords to reimburse tenants for the difference between rent paid and the 
fair rental value when a breach in the warranty of habitability is proved. The bill requires 
reimbursement regardless of whether a tenant uses a housing subsidy. 
Unfair Housing Practices 
Landlords who fail to make reasonable efforts to respond to requests for information necessary 
for a rental assistance application, or fail to cooperate with tenants and rental assistance 
administrators regarding applications, engage in an unfair housing practice. Additionally, the bill 
removes an exemption to unfair housing practice liability for landlords who offer three or fewer 
housing units for rent, and an exemption from the requirement to accept federal housing 
vouchers for landlords who offer five or fewer single family rental homes.  Page 3 
February 25, 2025  HB 25-1240 
 
 
Relief for Unfair Housing Practice Violations  
When civil cases are brought by private persons alleging certain unfair housing practice 
violations involving discrimination on the basis of housing subsidies, the bill requires courts, if 
awarding damages, to award at least $5,000 to plaintiffs. When calculating damages, courts 
must consider losses incurred as a result of a person losing their housing subsidy as a result of 
discrimination by a landlord. 
Additionally, in cases brought through the Colorado Civil Rights Commission regarding certain 
unfair housing practice violations involving discrimination on the basis of housing subsidies, the 
commission is required to assess respondents a civil penalty of at least $5,000, payable to 
plaintiffs, when violations are found. 
State Revenue 
By expanding the circumstances that constitute unfair housing practices, the bill may increase 
revenue to the Judicial Department from an increase in filing fees from civil case filings. Revenue 
from filing fees is subject to TABOR. The fiscal note assumes that the majority of landlords will 
follow the law, and any increase in revenue is expected to be minimal. 
State Expenditures 
The bill increases state expenditures in the Department of Regulatory Agencies by about 
$43,000 in FY 2025-26 and future years. These costs, paid from the General Fund, are 
summarized in Table 2 and discussed below. The bill also minimally affects workload in the 
Judicial Department. 
Table 2 
State Expenditures 
Department of Regulatory Agencies 
Cost Component 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
Personal Services 	$32,628  	$32,628  
Operating Expenses 	$640 	$640 
Centrally Appropriated Costs 	$9,245  	$9,245  
Total Costs 	$42,513 	$42,513 
Total FTE 	0.5 FTE 	0.5 FTE 
   Page 4 
February 25, 2025  HB 25-1240 
 
 
Department of Regulatory Agencies 
The Colorado Civil Rights Commission in DORA requires 0.5 FTE to process additional housing 
discrimination complaints. In FY 2022-23, 31 cases involving housing discrimination on the basis 
of income were filed with the commission. By removing landlord exemptions under current law 
regarding unfair housing practices and federal housing voucher acceptance, the bill will increase 
the potential for the commission to receive discrimination complaints. The fiscal note assumes a 
30 percent increase in complaints, which results in a need for an additional 0.5 FTE. The estimate 
includes standard operating costs, and is prorated for a July 1, 2025, start date.  
Judicial Department 
Trial courts in the Judicial Department may experience an increase in workload if additional civil 
cases are filed. The fiscal note assumes that the majority of landlords will comply with the law 
and any increase will be minimal. 
Centrally Appropriated Costs 
Pursuant to a Joint Budget Committee policy, certain costs associated with this bill are 
addressed through the annual budget process and centrally appropriated in the Long Bill or 
supplemental appropriations bills, rather than in this bill.  These costs, which may include 
employee insurance, supplemental employee retirement payments, leased space, and indirect 
cost assessments, are shown in the expenditure table(s) above. 
Effective Date 
The bill takes effect upon signature of the Governor, or upon becoming law without his 
signature, and applies to conduct occurring on or after this date. 
State Appropriations 
For FY 2025-26, the bill requires a General Fund appropriation of $33,268 to the Department of 
Regulatory Agencies, and 0.5 FTE. 
State and Local Government Contacts 
Judicial 
Law 
Local Affairs 
Regulatory Agencies
 
 
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each 
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.