Colorado 2025 Regular Session

Colorado Senate Bill SB020 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REENGROSSED
5-This Version Includes All Amendments
6-Adopted in the House of Introduction
4+ENGROSSED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the House of Introduction
77 LLS NO. 25-0555.01 Pierce Lively x2059
88 SENATE BILL 25-020
99 Senate Committees House Committees
1010 Judiciary
1111 Appropriations
1212 A BILL FOR AN ACT
1313 C
1414 ONCERNING THE ENFORCEMENT OF EXISTING LANDLORD -TENANT101
1515 LAW.102
1616 Bill Summary
1717 (Note: This summary applies to this bill as introduced and does
1818 not reflect any amendments that may be subsequently adopted. If this bill
1919 passes third reading in the house of introduction, a bill summary that
2020 applies to the reengrossed version of this bill will be available at
2121 http://leg.colorado.gov
2222 .)
2323 Section 1 of the bill clarifies that the attorney general has the
2424 power to initiate and bring civil and criminal actions to enforce certain
2525 state landlord-tenant laws. Section 2 makes corresponding conforming
2626 amendments to the attorney general's statutory powers and duties.
2727 Sections 3 and 4 grant counties, cities and counties, and
2828 municipalities the power to initiate and bring civil and criminal actions
2929 SENATE
30-3rd Reading Unamended
31-March 31, 2025
32-SENATE
3330 Amended 2nd Reading
3431 March 28, 2025
3532 SENATE SPONSORSHIP
36-Weissman and Gonzales J., Ball, Bridges, Coleman, Cutter, Michaelson Jenet, Rodriguez,
37-Sullivan, Wallace, Winter F.
33+Weissman and Gonzales J.,
3834 HOUSE SPONSORSHIP
3935 Lindsay and Mabrey,
4036 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4137 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4238 Dashes through the words or numbers indicate deletions from existing law. to enforce certain state landlord-tenant laws.
4339 Section 5 establishes a receivership mechanism that is available
4440 as a remedy for violations of applicable laws and regulations by the
4541 owner of multifamily residential property. The attorney general's office,
4642 a county, a city and county, and a municipality may all apply to a district
4743 court for the appointment of a receiver to operate a residential property.
4844 The bill establishes the process for a district court appointing a receiver,
4945 including requiring a hearing and an order of appointment that specifies
5046 the duties of a receiver, and the criteria for qualifying as a receiver. No
5147 sooner than 180 days after the district court appoints a receiver, the owner
5248 of the relevant property, attorney general, county, city and county, or
5349 municipality may submit an application to the district court seeking the
5450 termination of the receivership. As with the appointing of a receiver, the
5551 bill establishes the process by which a district court may terminate a
5652 receivership.
5753 Be it enacted by the General Assembly of the State of Colorado:1
5854 SECTION 1. In Colorado Revised Statutes, 13-40-110.5, add (6)
5955 2
6056 as follows:3
6157 13-40-110.5. Automatic suppression of court records -4
6258 definition. (6) I
6359 N ADDITION TO THE PERSONS DESCRIBED IN SUBSECTIONS
6460 5
6561 (1)
6662 AND (5) OF THIS SECTION, A COURT SHALL ALLOW A PERSON TO ACCESS
6763 6
6864 A SUPPRESSED COURT RECORD IF THE PERSON AFFIRMS TO THE COURT , IN7
6965 WRITING OR ELECTRONICALLY , THAT THE PERSON IS ACCESSING THE8
7066 SUPPRESSED COURT RECORD ON BEHALF OF THE ATTORNEY GENERAL FOR9
7167 THE PURPOSE OF INVESTIGATING ANY VIOLATION OF STATE LAW THAT THE10
7268 ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE PURSUANT TO SECTION11
7369 24-31-101 (1)(i).12
7470 SECTION 2. In Colorado Revised Statutes, 24-31-101, amend13
7571 (1)(i)(XXII); and add (1)(i)(XXIV), (1)(i)(XXV), (1)(i)(XXVI), and (5)14
7672 as follows:15
7773 24-31-101. Powers and duties of attorney general. (1) The16
7874 attorney general:17
7975 020-2- (i) May independently initiate and bring civil and criminal actions1
8076 to enforce state laws, including actions brought pursuant to:2
8177 (XXII) Part 14 of article 12 of title 38; and3
8278 (XXIV) B
8379 EGINNING JANUARY 1, 2026, PART 4 OF ARTICLE 12 OF4
8480 TITLE 38;5
8581 (XXV) B
8682 EGINNING JANUARY 1, 2026, PART 8 OF ARTICLE 12 OF6
8783 TITLE 38; AND7
8884 (XXVI) B
8985 EGINNING JANUARY 1, 2026, PART 10 OF ARTICLE 12 OF8
9086 TITLE 38.9
9187 (5) T
9288 HE ATTORNEY GENERAL SHALL CONDUCT ENFORCEMENT
9389 10
9490 ACTIONS AUTHORIZED BY SENATE BILL 25-020, IF ANY, WITHIN EXISTING11
9591 APPROPRIATIONS.12
9692 SECTION 3. In Colorado Revised Statutes, 24-31-115, amend13
9793 (4)(a) introductory portion, (5)(a), (6)(b), (8)(a) introductory portion,14
9894 (8)(a)(III), (8)(b), and (9) as follows:15
9995 24-31-115. Housing unit - powers of attorney general or16
10096 district attorney - subpoenas - document production - remedies -17
10197 injunctive relief - penalties. (4) Powers. (a) When the attorney general18
10298 has reasonable cause to believe that any person, whether in this state or19
10399 elsewhere, has engaged in or is engaging in a violation of any of the20
104100 provisions listed in section 24-31-101, (1)(i)(IX) to (1)(i)(XIV), the21
105101 attorney general may:22
106102 (5) Subpoenas - production of documents. (a) When the23
107103 attorney general has reasonable cause to believe that a person, whether in24
108104 this state or elsewhere, has engaged in or is engaging in a violation of any25
109105 of the provisions listed in section 24-31-101, (1)(i)(IX) to (1)(i)(XIV), the26
110106 attorney general, in addition to any other powers conferred upon the27
111107 020
112108 -3- attorney general by this article 31, may issue subpoenas to require the1
113109 attendance of witnesses or the production of documents, administer oaths,2
114110 conduct hearings in aid of any investigation or inquiry, and prescribe such3
115111 forms and promulgate such rules as may be necessary to administer the4
116112 provisions of this article 31.5
117113 (6) Inadmissible testimony. (b) Subject to subsection (8) of this6
118114 section, the records of investigations or intelligence information of the7
119115 attorney general obtained under this article 31 may constitute public8
120116 records available for inspection by the public at the sole discretion of the9
121117 attorney general. This subsection (6)(b) shall not be construed to prevent10
122118 the attorney general from issuing public statements describing or warning11
123119 of any course of conduct or any conspiracy that constitutes a violation of12
124120 any of the provisions listed in section 24-31-101, (1)(i)(IX) to13
125121 (1)(i)(XIV), whether on a local, statewide, regional, or nationwide basis.14
126122 (8) Injunctive authority - assurances of discontinuance.15
127123 (a) Whenever the attorney general has cause to believe that a person has16
128124 engaged in or is engaging in a violation of any of the provisions listed in17
129125 section 24-31-101, (1)(i)(IX) to (1)(i)(XIV), the attorney general may18
130126 apply for and obtain, in an action in the appropriate district court of this19
131127 state, a temporary restraining order or injunction, or both, pursuant to the20
132128 Colorado rules of civil procedure, prohibiting the person from continuing21
133129 or engaging in such practices, or doing any act in furtherance of such22
134130 practices. The court may make such orders or judgments as is necessary23
135131 to:24
136132 (III) Prevent any unjust enrichment by any person through the use25
137133 or employment of any practice that is in violation of any of the provisions26
138134 listed in section 24-31-101. (1)(i)(IX) to (1)(i)(XIV).27
139135 020
140136 -4- (b) Where the attorney general has authority to institute a civil1
141137 action or other proceeding pursuant to the provisions of this article, the2
142138 attorney general may accept, in lieu thereof or as a part thereof, an3
143139 assurance of discontinuance of any practice that constitutes a violation of4
144140 any of the provisions that are listed in section 24-31-101. (1)(i)(IX) to5
145141 (1)(i)(XIV). Any such assurance of discontinuance may include a6
146142 stipulation for the voluntary payment by the alleged violator of the costs7
147143 of investigation and the costs of any action or proceeding by the attorney8
148144 general or a district attorney and any amount necessary to restore to any9
149145 person any money or property that may have been acquired by the alleged10
150146 violator by means of a violation of any of the provisions that are listed in11
151147 section 24-31-101. (1)(i)(IX) to (1)(i)(XIV). Any such assurance or12
152148 discontinuance accepted by the attorney general and any such stipulation13
153149 filed with the court as a part of any such action or proceeding is a matter14
154150 of public record unless the attorney general determines, in the attorney15
155151 general's sole discretion, that the assurance of discontinuance and any16
156152 stipulation are confidential to the parties to the action or proceeding and17
157153 to the court and its employees. Upon the filing of a civil action by the18
158154 attorney general alleging that a confidential assurance of discontinuance19
159155 or stipulation accepted pursuant to this subsection (8)(b) has been20
160156 violated, the assurance of discontinuance or stipulation is deemed a public21
161157 record and open to inspection by any person. Proof by a preponderance22
162158 of the evidence of a violation of any such assurance or stipulation23
163159 constitutes prima facie evidence of a deceptive trade practice for the24
164160 purposes of any civil action or proceeding brought thereafter by the25
165161 attorney general, whether a new action or a subsequent motion or petition26
166162 in any pending action or proceeding.27
167163 020
168164 -5- (9) Penalties. In order to enforce the provisions of this article 31,1
169165 in addition to any penalties stated in this article 31, the attorney general2
170166 may seek any of the penalties or other enforcement mechanisms specified3
171167 in the "Immigrant Tenant Protection Act", part 12 of article 12 of title 38;4
172168 the "Mobile Home Park Act", part 2 of article 12 of title 38; the "Mobile5
173169 Home Park Act Dispute Resolution and Enforcement Program", part 116
174170 of article 12 of title 38; part 1 of article 12 of title 38; part 7 of article 127
175171 of title 38; and section 38-12-904 (1)(b) ARTICLE 12 OF TITLE 38,8
176172 INCLUDING ANY PENALTIES AVAILABLE TO AGGRIEVED TENANTS OR OTHER9
177173 AGGRIEVED PERSONS UNDER THESE PROVISIONS , along with costs to10
178174 enforce these provisions.11
179175 SECTION 4. In Colorado Revised Statutes, 30-11-101, add12
180176 (1)(m) and (3) as follows:13
181177 30-11-101. Powers of counties. (1) Each organized county14
182178 within the state is a body corporate and politic and as such is empowered15
183179 for the following purposes:16
184180 (m) I
185181 NDEPENDENTLY INITIATING AND BRINGING CIVIL
186182 ACTIONS17
187183 TO ENFORCE:18
188184 (I) P
189185 ARTS 1, 2, 5, 7, 9, 11, 12, AND 14 OF ARTICLE 12 OF TITLE 38;19
190186 AND20
191187 (II) B
192188 EGINNING JANUARY 1, 2026, PARTS 4, 8, AND 10 OF ARTICLE21
193189 12
194190 OF TITLE 38.22
195191 (3) (a) N
196192 OTWITHSTANDING ANY LAW TO THE CONTRARY , A
197193 23
198194 CONTRACT BETWEEN A COUNTY AND A PRIVATE ATTORNEY WHO THE24
199195 COUNTY RETAINS IN RELATION TO A CIVIL ACTION DESCRIBED IN25
200196 SUBSECTION (1)(m) OF THIS SECTION SHALL SPECIFY AN HOURLY RATE ,26
201197 NOT TO EXCEED FIVE HUNDRED DOLLARS PER HOUR , AT WHICH THE27
202198 020
203199 -6- COUNTY COMPENSATES THE PRIVATE ATTORNEY .1
204200 (b) A
205201 COUNTY MAY USE AN AMOUNT EQUAL TO OR LESS THAN TEN
206202 2
207203 PERCENT OF ANY MONETARY AWARD RECEIVED AS A RESULT OF A CIVIL OR3
208204 CRIMINAL ACTION COMMENCED PURSUANT TO SUBSECTION (1)(m) OF THIS4
209205 SECTION TO COVER THE COSTS OF THAT CIVIL ACTION , INCLUDING5
210206 ATTORNEY FEES.6
211207 (c) I
212208 N COMMENCING A CIVIL ACTION PURSUANT TO SUBSECTION
213209 7
214210 (1)(m)
215211 OF THIS SECTION, A COUNTY MAY CONFER WITH ANY HOUSING
216212 8
217213 AUTHORITY CREATED PURSUANT TO TITLE 29 THAT SERVES THE COUNTY9
218214 IN WHOLE OR IN PART.10
219215 SECTION 5. In Colorado Revised Statutes, 31-15-401, add (1)(r)11
220216 and (2) as follows:12
221217 31-15-401. General police powers. (1) In relation to the general13
222218 police power, the governing bodies of municipalities have the following14
223219 powers:15
224220 (r) MAY INDEPENDENTLY INITIATE AND BRING CIVIL ACTIONS16
225221 TO ENFORCE:17
226222 (I) P
227223 ARTS 1, 2, 5, 7, 9, 11, 12, AND 14 OF ARTICLE 12 OF TITLE 38;18
228224 AND19
229225 (II) B
230226 EGINNING JANUARY 1, 2026, PARTS 4, 8, AND 10 OF ARTICLE20
231227 12
232228 OF TITLE 38.21
233229 (2) (a) N
234230 OTWITHSTANDING ANY LAW TO THE CONTRARY , A
235231 22
236232 CONTRACT BETWEEN A MUNICIPALITY AND A PRIVATE ATTORNEY WHO THE23
237233 COUNTY RETAINS IN RELATION TO A CIVIL ACTION DESCRIBED IN24
238234 SUBSECTION (1)(r) OF THIS SECTION SHALL SPECIFY AN HOURLY RATE, NOT25
239235 TO EXCEED FIVE HUNDRED DOLLARS PER HOUR , AT WHICH THE26
240236 MUNICIPALITY COMPENSATES THE PRIVATE ATTORNEY .27
241237 020
242238 -7- (b) A MUNICIPALITY MAY USE AN AMOUNT EQUAL TO OR LESS1
243239 THAN TEN PERCENT OF ANY MONETARY AWARD RECEIVED AS A RESULT OF2
244240 A CIVIL ACTION COMMENCED PURSUANT TO SUBSECTION (1)(r) OF THIS3
245241 SECTION TO COVER THE COSTS OF THAT CIVIL ACTION , INCLUDING4
246242 ATTORNEY FEES.5
247243 (c) I
248244 N COMMENCING A CIVIL ACTION PURSUANT TO SUBSECTION
249245 6
250246 (1)(r)
251247 OF THIS SECTION, A MUNICIPALITY MAY CONFER WITH ANY HOUSING
252248 7
253249 AUTHORITY CREATED PURSUANT TO TITLE 29 THAT SERVES THE8
254250 MUNICIPALITY IN WHOLE OR IN PART.9
255251 SECTION 6. In Colorado Revised Statutes, add 38-12-513 as10
256252 follows:11
257253 38-12-513. Receivership of residential housing. (1) T
258254 HE12
259255 PURPOSE OF THIS SECTION IS TO ESTABLISH A RECEIVERSHIP MECHANISM13
260256 THAT WILL BE AVAILABLE AS A REMEDY FOR VIOLATIONS OF APPLICABLE14
261257 LAWS AND REGULATIONS BY THE LANDLORD
262258 OF MULTIFAMILY15
263259 RESIDENTIAL PROPERTY. THE DUTIES OF A RECEIVER ARE TO ACHIEVE THE16
264260 PURPOSES OF THIS PART 5 PURSUANT TO SECTION 38-12-501, TO ENSURE17
265261 THAT MULTIFAMILY RESIDENTIAL PROPERTY IS FIT FOR HUMAN18
266262 HABITATION AS REQUIRED BY SECTION 38-12-503 (1), AND TO ENSURE19
267263 THAT THE MULTIFAMILY RESIDENTIAL PROPERTY COMPLIES WITH ALL20
268264 COUNTY OR MUNICIPAL PUBLIC HEALTH CODES OR MUNICIPAL ORDINANCES21
269265 REGULATING PUBLIC HEALTH AND SAFETY THAT APPLY TO MULTIFAMILY22
270266 RESIDENTIAL PROPERTY.23
271267 (2) T
272268 HE FOLLOWING PARTIES MAY APPLY TO THE DISTRICT COURT24
273269 FOR THE APPOINTMENT OF A RECEIVER TO OPERATE A MULTIFAMILY25
274270 RESIDENTIAL PROPERTY:26
275271 (a) T
276272 HE ATTORNEY GENERAL, WHEN THE ATTORNEY GENERAL HAS27
277273 020
278274 -8- REASONABLE CAUSE TO BELIEVE THAT ANY PERSON , WHETHER IN THIS1
279275 STATE OR ELSEWHERE, HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION2
280276 OF THIS PART 5, OTHER THAN A VIOLATION OF SECTION 28-12-503 (5), IN3
281277 CONNECTION WITH THE MULTIFAMILY RESIDENTIAL PROPERTY ; AND4
282278 (b) A COUNTY, CITY AND COUNTY, OR MUNICIPALITY, WHEN5
283279 THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY HAS REASONABLE6
284280 CAUSE TO BELIEVE THAT ANY PERSON , WHETHER IN THIS STATE OR7
285281 ELSEWHERE, HAS ENGAGED IN OR IS ENGAGING IN A PATTERN OR PRACTICE8
286282 OF VIOLATIONS OF THIS PART 5, OTHER THAN A VIOLATION OF SECTION9
287283 38-12-503
288284 (5), IN CONNECTION WITH THE MULTIFAMILY RESIDENTIAL
289285 10
290286 PROPERTY.11
291287 (3) (a) A
292288 PETITIONER SEEKING THE APPOINTMENT OF A RECEIVER12
293289 PURSUANT TO THIS SECTION MUST FILE AN APPLICATION WITH THE13
294290 DISTRICT COURT FOR THE COUNTY OR CITY AND COUNTY WHERE THE14
295291 MULTIFAMILY RESIDENTIAL PROPERTY IS LOCATED .15
296292 (b) (I) T
297293 HE DISTRICT COURT SHALL NOT HOLD A HEARING16
298294 CONCERNING AN APPLICATION FOR THE APPOINTMENT OF A RECEIVER17
299295 PURSUANT TO THIS SECTION SOONER THAN THREE BUSINESS DAYS
300296 AFTER18
301297 THE FOLLOWING PARTIES HAVE BEEN SERVED WITH NOTICE THEREOF , AS19
302298 PROVIDED IN THE COLORADO RULES OF CIVIL PROCEDURE :20
303299 (A) T
304300 HE LANDLORD
305301 OF THE MULTIFAMILY RESIDENTIAL PROPERTY;21
306302 (B) A
307303 NY LESSEE OR MORTGAGEE OF THE MULTIFAMILY22
308304 RESIDENTIAL PROPERTY, EXCEPT THAT THE FAILURE TO SERVE ANY SUCH
309305 23
310306 PARTY WHOSE NAME AND ADDRESS ARE NOT AVAILABLE TO THE24
311307 PETITIONER DOES NOT PRECLUDE THE COURT FROM HOLDING THE HEARING25
312308 OR INVALIDATING THE PROCEEDING SO LONG AS THE NOTICE IS POSTED AT26
313309 THE PROPERTY;27
314310 020
315311 -9- (C) THE CITY OR TOWN IN WHICH THE MULTIFAMILY RESIDENTIAL1
316312 PROPERTY IS LOCATED;2
317313 (D) T
318314 HE COUNTY OR CITY AND COUNTY IN WHICH THE3
319315 MULTIFAMILY RESIDENTIAL PROPERTY IS LOCATED ;4
320316 (E) T
321317 HE ATTORNEY GENERAL'S OFFICE; AND5
322318 (F) T
323319 HE DEPARTMENT OF LOCAL AFFAIRS .6
324320 (II) I
325321 N PROVIDING NOTICE PURSUANT TO SUBSECTION (3)(b)(I) OF7
326322 THIS SECTION, A PARTY DOES NOT HAVE TO PROVIDE NOTICE TO ITSELF .8
327323 (III) A
328324 PETITIONER SEEKING THE APPOINTMENT OF A RECEIVER
329325 9
330326 PURSUANT TO THIS SECTION MUST CONSPICUOUSLY POST NOTICE OF THE10
331327 PETITION ON AND AROUND THE RELEVANT MULTIFAMILY RESIDENTIAL11
332328 PROPERTY. THIS NOTICE SHALL INCLUDE THE PHONE NUMBER AND EMAIL12
333329 ADDRESS OF THE PETITIONER. THE PETITIONER IS STRONGLY ENCOURAGED13
334330 TO POST THE NOTICE IN LANGUAGES OTHER THAN ENGLISH, IF THE14
335331 PETITIONER IS AWARE THAT THOSE LANGUAGES ARE SPOKEN BY THE15
336332 PROPERTY'S TENANTS.16
337333 (c) A
338334 N APPLICATION FOR APPOINTMENT OF A RECEIVER PURSUANT17
339335 TO THIS SUBSECTION (3) HAS PRECEDENCE AND PRIORITY OVER ANY CIVIL18
340336 OR CRIMINAL CASE PENDING IN THE DISTRICT COURT WHERE THE19
341337 APPLICATION IS FILED.20
342338 (4) (a) T
343339 HE DISTRICT COURT'S APPOINTMENT OF A RECEIVER21
344340 PURSUANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH AND22
345341 GOVERNED BY RULE 66 OF THE COLORADO RULES OF CIVIL PROCEDURE .23
346342 (b) T
347343 O APPOINT A RECEIVER PURSUANT TO THIS SECTION , THE24
348344 DISTRICT COURT MUST FIND THAT:25
349345 (I) G
350346 ROUNDS FOR THE APPOINTMENT OF A RECEIVER EXIST DUE TO26
351347 A FINDING BY THE DISTRICT COURT, BASED ON A PREPONDERANCE OF THE27
352348 020
353349 -10- EVIDENCE, SUPPORTING THE RELEVANT CLAIMS IN AN APPLICATION1
354350 SUBMITTED BY A PARTY PURSUANT TO SUBSECTION (2) OF THIS SECTION;2
355351 AND3
356352 (II) P
357353 ROPER NOTICE AS REQUIRED BY SUBSECTION (3) OF THIS4
358354 SECTION HAS BEEN SERVED.5
359355 (c) A
360356 RECEIVER APPOINTED BY THE DISTRICT COURT PURSUANT TO6
361357 THIS SECTION MUST BE A PERSON WITH KNOWLEDGE AND EXPERIENCE IN7
362358 THE OPERATION, MAINTENANCE, AND IMPROVEMENT OF RESIDENTIAL8
363359 HOUSING. THE RECEIVER MUST BE FINANCIALLY AND LEGALLY
364360 9
365361 INDEPENDENT OF THE MULTIFAMILY RESIDENTIAL PROPERTY 'S OWNERSHIP10
366362 OR MANAGEMENT. THE DISTRICT COURT MAY ALSO REQUIRE THAT THE11
367363 RECEIVER POST A BOND WITH ADEQUATE SURETIES AS DETERMINED BY THE12
368364 COURT.13
369365 (d) I
370366 N APPOINTING A RECEIVER PURSUANT TO THIS SECTION , THE14
371367 DISTRICT COURT MUST HOLD A HEARING, AT WHICH TIME THE PARTIES MAY15
372368 APPEAR AND BE HEARD.16
373369 (e) F
374370 OLLOWING THE HEARING DESCRIBED IN SUBSECTION (4)(d) OF17
375371 THIS SECTION, IF THE COURT APPOINTS A RECEIVER , THE COURT MUST18
376372 ENTER AN ORDER OF APPOINTMENT THAT SPECIFIES THE DUTIES AND19
377373 RESPONSIBILITIES OF THE RECEIVER, WHICH MUST INCLUDE THAT THE20
378374 RECEIVER:21
379375 (I) W
380376 ITHIN THIRTY DAYS OF BEING APPOINTED BY THE DISTRICT22
381377 COURT, SUBMIT A PLAN TO THE DISTRICT COURT FOR THE REMEDIATION OF23
382378 ANY VIOLATIONS OF THIS PART 5, OTHER THAN A VIOLATION OF SECTION
383379 24
384380 28-12-503
385381 (5),
386382 A COUNTY OR CITY AND COUNTY PUBLIC HEALTH CODE , OR25
387383 A MUNICIPAL ORDINANCE;26
388384 (II) T
389385 AKE THE ACTIONS NECESSARY TO ENSURE THAT THE27
390386 020
391387 -11- MULTIFAMILY RESIDENTIAL PROPERTY IS NO LONGER IN VIOLATION OF THIS1
392388 PART 5, OTHER THAN A VIOLATION OF SECTION 28-12-503 (5), A COUNTY2
393389 OR CITY AND COUNTY PUBLIC HEALTH CODE , OR A MUNICIPAL ORDINANCE;3
394390 (III) N
395391 O LATER THAN EVERY THIRTY DAYS AFTER BEING4
396392 APPOINTED BY THE DISTRICT COURT, SUBMIT AN ACCOUNTING AND STATUS5
397393 REPORT TO THE DISTRICT COURT, WHICH MUST INCLUDE ACTIONS THAT6
398394 HAVE BEEN COMPLETED AND ACTIONS THAT ARE STILL ONGOING TO7
399395 ACHIEVE COMPLIANCE WITH THIS PART 5, A COUNTY OR CITY AND COUNTY8
400396 PUBLIC HEALTH CODE, OR A MUNICIPAL ORDINANCE; AND9
401397 (IV) A
402398 T THE END OF THE RECEIVERSHIP , AS DESCRIBED IN10
403399 SUBSECTION (8) OF THIS SECTION, SUBMIT A FINAL ACCOUNTING AND11
404400 STATUS REPORT TO THE COURT , WHICH MUST INCLUDE ACTIONS THAT12
405401 HAVE BEEN COMPLETED AND ACTIONS THAT ARE STILL ONGOING TO13
406402 ACHIEVE COMPLIANCE WITH THIS PART 5, A COUNTY OR CITY AND COUNTY14
407403 PUBLIC HEALTH CODE, OR A MUNICIPAL ORDINANCE.15
408404 (5) (a) A
409405 RECEIVER APPOINTED BY THE DISTRICT COURT PURSUANT16
410406 TO THIS SECTION HAS THE POWER TO:17
411407 (I) R
412408 EMEDIATE ANY VIOLATION BY THE MULTIFAMILY RESIDENTIAL18
413409 PROPERTY OF THIS PART 5, OTHER THAN A VIOLATION OF SECTION
414410 19
415411 28-12-503
416412 (5),
417413 A COUNTY OR CITY AND COUNTY PUBLIC HEALTH CODE , OR20
418414 A MUNICIPAL ORDINANCE;21
419415 (II) A
420416 S NECESSARY TO ACCOMPLISH THE REMEDIATION AND22
421417 COMPLIANCE DESCRIBED IN SUBSECTION (5)(a)(I) OF THIS SECTION:23
422418 (A) E
423419 NTER INTO NEW CONTRACTS;24
424420 (B) B
425421 ORROW MONEY;25
426422 (C) S
427423 ECURE FUNDS BY GRANTING LIENS UPON THE MULTIFAMILY26
428424 RESIDENTIAL PROPERTY; AND27
429425 020
430426 -12- (D) RECEIVE RENT FROM TENANTS OF THE MULTIFAMILY1
431427 RESIDENTIAL PROPERTY; AND2
432428 (III) E
433429 XERCISE ANY OTHER POWERS DEEMED NECESSARY BY THE3
434430 DISTRICT COURT AND NOT INCONSISTENT WITH RULE 66 OF THE COLORADO4
435431 RULES OF CIVIL PROCEDURE.5
436432 (b) T
437433 HE RECEIVER'S FEES ESTABLISHED IN THE DISTRICT COURT'S6
438434 ORDER OF APPOINTMENT ENTERED PURSUANT TO SUBSECTION (4)(e) OF7
439435 THIS SECTION MAY ONLY BE COVERED BY MONEY THAT THE RECEIVER8
440436 RAISES PURSUANT TO SUBSECTION (5)(a)(II)(C) OF THIS SECTION.9
441437 (c) I
442438 N EXERCISING ITS POWERS PURSUANT TO THIS SUBSECTION (5),10
443439 A RECEIVER IS NOT REQUIRED TO EMPLOY STANDARD PUBLIC BIDDING11
444440 PRACTICES AND MAY:12
445441 (I) C
446442 ARRY OUT EXECUTORY CONTRACTS ;13
447443 (II) E
448444 NTER INTO NEW CONTRACTS;14
449445 (III) B
450446 ORROW MONEY;15
451447 (IV) M
452448 ORTGAGE OR PLEDGE PROPERTY ;16
453449 (V) S
454450 ELL ASSETS AT PUBLIC OR PRIVATE SALE;17
455451 (VI) M
456452 AKE AND RECEIVE CONVEYANCES IN THE CORPORATE NAME ;18
457453 (VII) L
458454 EASE REAL ESTATE;19
459455 (VIII) S
460456 ETTLE OR COMPROMISE CLAIMS ;20
461457 (IX) C
462458 OMMENCE AND PROSECUTE ALL ACTIONS AND PROCEEDINGS21
463459 NECESSARY TO ENABLE LIQUIDATION ; AND22
464460 (X) D
465461 ISTRIBUTE ASSETS EITHER IN CASH OR IN KIND AMONG23
466462 MEMBERS ACCORDING TO THEIR RESPECTIVE RIGHTS AFTER PAYING OR24
467463 ADEQUATELY PROVIDING FOR THE PAYMENT OF LIABILITIES .25
468464 (6) T
469465 HE RECEIVER SHALL PERFORM DUTIES , ASSUME26
470466 RESPONSIBILITIES, AND PRESERVE THE MULTIFAMILY RESIDENTIAL27
471467 020
472468 -13- PROPERTY IN ACCORDANCE WITH ESTABLISHED PRINCIPLES OF LAW FOR1
473469 RECEIVERS OF REAL PROPERTY. IN SO DOING, THE RECEIVER:2
474470 (a) S
475471 HALL PERFORM THEIR DUTIES IN A WAY THAT MINIMIZES , TO
476472 3
477473 THE GREATEST EXTENT POSSIBLE , FURTHER DISRUPTION OF THE4
478474 MULTIFAMILY RESIDENTIAL PROPERTY 'S TENANTS;5
479475 (b) S
480476 HALL COMMUNICATE, AT LEAST ONCE A WEEK, IN A MANNER
481477 6
482478 REASONABLY CALCULATED TO BE RECEIVED BY THE MULTIFAMILY7
483479 RESIDENTIAL PROPERTY'S TENANTS, SUCH AS BY CONSPICUOUSLY POSTING8
484480 COMMUNICATIONS ON AND AROUND THE PROPERTY OR ON THE PROPERTY 'S9
485481 ONLINE TENANT PORTAL, CONCERNING WHAT MEASURES THE RECEIVER IS10
486482 TAKING TO BRING THE PROPERTY INTO COMPLIANCE WITH A COUNTY OR11
487483 CITY AND COUNTY PUBLIC HEALTH CODE , OR A MUNICIPAL ORDINANCE12
488484 AND OTHERWISE BRINGING THE PROPERTY INTO COMPLIANCE WITH THIS13
489485 PART 5;14
490486 (c) S
491487 HALL FIRST APPLY RENTS RECEIVED PURSUANT TO
492488 15
493489 SUBSECTION (5)(a)(II)(D) OF THIS SECTION TOWARD THE PAYMENT OF ANY16
494490 UTILITIES OR SERVICES FOR THE MULTIFAMILY RESIDENTIAL PROPERTY ;17
495491 (d) A
496492 FTER APPLYING RENTS RECEIVED PURSUANT TO SUBSECTION
497493 18
498494 (5)(a)(II)(D)
499495 OF THIS SECTION AS DESCRIBED IN SUBSECTION (6)(c) OF THIS
500496 19
501497 SECTION, SHALL APPLY RENTS RECEIVED PURSUANT TO SUBSECTION20
502498 (5)(a)(II)(D)
503499 OF THIS SECTION TOWARD THE COST OF REMEDIATING ANY
504500 21
505501 VIOLATION BY THE MULTIFAMILY RESIDENTIAL PROPERTY OF THIS PART 5,22
506502 OTHER THAN A VIOLATION OF SECTION 28-12-503 (5), A COUNTY OR CITY23
507503 AND COUNTY PUBLIC HEALTH CODE , OR A MUNICIPAL ORDINANCE AND24
508504 OTHERWISE BRINGING THE PROPERTY INTO COMPLIANCE WITH THIS PART25
509505 5;26
510506 (e) S
511507 HALL NOT INITIATE A FORCIBLE ENTRY OR DETAINER ACTION
512508 27
513509 020
514510 -14- OR PROCEEDING RELATED TO THE NONPAYMENT OF BEFORE THE1
515511 BEGINNING OF THE RECEIVERSHIP;2
516512 (f) M
517513 AY INITIATE A FORCIBLE ENTRY OR DETAINER ACTION OR
518514 3
519515 PROCEEDING RELATED TO THE NONPAYMENT OF RENT THAT OCCURS4
520516 DURING THE RECEIVERSHIP; AND5
521517 (g) S
522518 HALL NOT INCREASE RENTS, FEES, OR COSTS CHARGED TO THE
523519 6
524520 THE MULTIFAMILY RESIDENTIAL PROPERTY 'S TENANTS BEYOND THE7
525521 LEVELS OF THE RENTS, FEES, AND COSTS CHARGED WHEN THE COURT8
526522 APPOINTED THE RECEIVER.9
527523 (7) N
528524 OTHING IN THIS SECTION PREVENTS THE COURT FROM10
529525 ALTERING OR AMENDING THE TERMS AND CONDITIONS OF THE11
530526 RECEIVERSHIP OR THE RECEIVER 'S RESPONSIBILITIES AND DUTIES12
531527 FOLLOWING A HEARING, AT WHICH TIME THE PARTIES MAY APPEAR AND BE13
532528 HEARD, AND NOTHING IN THIS SECTION PROHIBITS THE PARTIES FROM14
533529 STIPULATING TO THE TERMS AND CONDITIONS OF THE RECEIVERSHIP AND15
534530 THE RESPONSIBILITIES AND DUTIES OF THE RECEIVER , INCLUDING THE16
535531 DURATION THEREOF, WHICH STIPULATION MUST BE SUBMITTED TO THE17
536532 COURT FOR APPROVAL.18
537533 (8) (a) N
538534 O SOONER THAN NINETY
539535 DAYS AFTER THE DISTRICT COURT19
540536 HAS APPOINTED A RECEIVER FOR A MULTIFAMILY RESIDENTIAL PROPERTY ,20
541537 ANY OF THE FOLLOWING MAY SUBMIT AN APPLICATION TO THE DISTRICT21
542538 COURT SEEKING THE TERMINATION OF THE RECEIVERSHIP :22
543539 (I) T
544540 HE LANDLORD
545541 OF THE MULTIFAMILY RESIDENTIAL PROPERTY ;23
546542 (II) A
547543 NY LESSEE OF THE ENTIRE MULTIFAMILY RESIDENTIAL
548544 24
549545 PROPERTY;25
550546 (III) THE ATTORNEY GENERAL'S OFFICE;26
551547 (IV) THE CITY OR TOWN IN WHICH THE MULTIFAMILY RESIDENTIAL27
552548 020
553549 -15- PROPERTY IS LOCATED; AND1
554550 (V) THE COUNTY OR CITY AND COUNTY IN WHICH THE2
555551 MULTIFAMILY RESIDENTIAL PROPERTY IS LOCATED .3
556552 (b) A
557553 DISTRICT COURT MAY ONLY TERMINATE A RECEIVERSHIP IF4
558554 IT:5
559555 (I) R
560556 ECEIVES AN APPLICATION TO TERMINATE THE RECEIVERSHIP6
561557 PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION;7
562558 (II) F
563559 INDS THAT TERMINATING A RECEIVERSHIP IS IN THE PUBLIC8
564560 INTEREST AND IN THE BEST INTEREST OF THE MULTIFAMILY RESIDENTIAL
565561 9
566562 PROPERTY'S TENANTS; AND10
567563 (III) F
568564 INDS THAT THE LANDLORD, OPERATOR, OR MANAGER
569565 OF THE11
570566 MULTIFAMILY RESIDENTIAL PROPERTY HAS :12
571567 (A) D
572568 EMONSTRATED THAT IT WILL CARRY OUT , IN THE TIME FRAME
573569 13
574570 MOST RECENTLY APPROVED BY THE COURT PURSUANT TO SUBSECTION (4)14
575571 OR (7) OF THIS SECTION, ANY REMAINING ACTIONS IDENTIFIED BY THE15
576572 RECEIVER AS NECESSARY TO ENSURE THAT THE MULTIFAMILY RESIDENTIAL16
577573 PROPERTY IS NO LONGER IN VIOLATION OF THIS PART 5, OTHER THAN A17
578574 VIOLATION OF SECTION 28-12-503 (5), A COUNTY OR CITY AND COUNTY18
579575 PUBLIC HEALTH CODE, OR A MUNICIPAL ORDINANCE;19
580576 (B) P
581577 AID OR DEPOSITED WITH THE DISTRICT COURT ANY MONEY20
582578 NECESSARY FOR THE RECEIVER TO COMPLETE THEIR DUTIES PURSUANT TO21
583579 THIS SECTION;22
584580 (C) A
585581 GREED TO ASSUME ALL LEGAL OBLIGATIONS , INCLUDING23
586582 DEBT OR LIENS,
587583 INCURRED BY THE RECEIVER IN CONNECTION WITH THE24
588584 RECEIVERSHIP OF THE MULTIFAMILY RESIDENTIAL PROPERTY ;25
589585 (D) P
590586 AID
591587 ANY COSTS INCURRED BY THE RECEIVER IN26
592588 CONNECTION WITH THE RECEIVERSHIP OF THE MULTIFAMILY RESIDENTIAL27
593589 020
594590 -16- PROPERTY; AND1
595591 (E) P
596592 OSTED A BOND WITH THE DISTRICT COURT IN AN AMOUNT2
597593 DETERMINED BY THE DISTRICT COURT AND EQUAL TO NOT MORE THAN3
598594 FIFTY PERCENT OF THE FAIR MARKET VALUE OF THE MULTIFAMILY4
599595 RESIDENTIAL PROPERTY, WHICH BOND IS FORFEITED IN THE EVENT OF5
600596 FUTURE VIOLATION BY THE MULTIFAMILY RESIDENTIAL PROPERTY OF THIS6
601597 PART 5, OTHER THAN A VIOLATION OF SECTION 28-12-503 (5),
602598 A COUNTY7
603599 OR CITY AND COUNTY PUBLIC HEALTH CODE , OR A MUNICIPAL ORDINANCE8
604600 AND FAILURE TO BRING THE MULTIFAMILY RESIDENTIAL PROPERTY INTO9
605601 COMPLIANCE WITH THIS PART 5, COUNTY OR CITY AND COUNTY PUBLIC10
606602 HEALTH CODES, AND MUNICIPAL ORDINANCES , AND WHICH BOND IS11
607603 RELEASED WHEN THE ACTIONS , OBLIGATIONS, AND INDEBTEDNESS12
608604 IDENTIFIED IN THIS SUBSECTION (8)(b)(III) ARE COMPLETED OR OTHERWISE13
609605 SATISFIED.14
610606 (c) N
611607 OTWITHSTANDING SUBSECTION (8)(b) OF THIS SECTION, THE15
612608 DISTRICT COURT MAY TERMINATE THE RECEIVERSHIP UPON A FINDING16
613609 THAT THE RECEIVER HAS COMPLETED ITS WORK AND THAT ALL17
614610 VIOLATIONS BY THE MULTIFAMILY RESIDENTIAL PROPERTY OF THIS PART
615611 18
616612 5,
617613 OTHER THAN A VIOLATION OF SECTION 28-12-503 (5),
618614 A COUNTY OR19
619615 CITY AND COUNTY PUBLIC HEALTH CODE , OR A MUNICIPAL ORDINANCE20
620616 HAVE BEEN REMEDIED AND THE MULTIFAMILY RESIDENTIAL PROPERTY HAS21
621617 BEEN BROUGHT INTO COMPLIANCE WITH THIS PART 5, COUNTY OR CITY22
622618 AND COUNTY PUBLIC HEALTH CODES , AND MUNICIPAL ORDINANCES.23
623619 (d) U
624620 PON A FINDING THAT THE LANDLORD
625621 OF THE MULTIFAMILY24
626622 RESIDENTIAL PROPERTY HAS NOT COMPLIED WITH ANY OF THE CONDITIONS25
627623 IDENTIFIED IN SUBSECTION (8)(b)(III) OF THIS SECTION, THE DISTRICT26
628624 COURT MAY REAPPOINT THE RECEIVER .27
629625 020
630626 -17- (e) AFTER TERMINATING THE RECEIVERSHIP PURSUANT TO THIS1
631627 SUBSECTION (8), THE DISTRICT COURT:2
632628 (I)
633629 MAY APPOINT THE RECEIVER, OR ANOTHER QUALIFIED ENTITY3
634630 THAT SATISFIES THE REQUIREMENTS OF A RECEIVER ESTABLISHED IN4
635631 SUBSECTION (4)(c) OF THIS SECTION, TO MONITOR THE LANDLORD 'S
636632 5
637633 OPERATION AND MAINTENANCE OF THE MULTIFAMILY RESIDENTIAL6
638634 PROPERTY; 7
639635 (II) S
640636 HALL ORDER A FINAL ACCOUNTING AND FINALLY FIX THE FEES8
641637 AND EXPENSES OF THE RECEIVER FOLLOWING A HEARING , AT WHICH TIME9
642638 THE PARTIES MAY APPEAR AND BE HEARD ; AND
643639 10
644640 (III) S
645641 HALL REQUIRE THE RECEIVER TO COMMUNICATE IN A
646642 11
647643 MANNER REASONABLY CALCULATED TO BE AVAILABLE TO THE12
648644 MULTIFAMILY RESIDENTIAL PROPERTY 'S TENANTS, SUCH AS BY13
649645 CONSPICUOUSLY POSTING COMMUNICATIONS ON AND AROUND THE14
650646 PROPERTY OR ON THE PROPERTY 'S ONLINE TENANT PORTAL, THAT THE15
651647 RECEIVERSHIP HAS BEEN TERMINATED AND THE NAME , PHONE NUMBER,16
652648 AND EMAIL ADDRESS OF THE OWNER , MANAGER, OR OTHER ENTITY THAT17
653649 WILL ASSUME THE RESPONSIBILITY OF MAKING THE PROPERTY COMPLIANT18
654650 WITH THIS PART 5, A COUNTY OR CITY AND COUNTY PUBLIC HEALTH CODE ,19
655651 OR A MUNICIPAL ORDINANCE.20
656652 (9) N
657653 OTWITHSTANDING ANYTHING IN THIS SECTION TO THE21
658654 CONTRARY:22
659655 (a) N
660656 OTHING IN THIS SECTION RELIEVES THE LANDLORD
661657 OF THE23
662658 MULTIFAMILY RESIDENTIAL PROPERTY OF ANY CIVIL OR CRIMINAL24
663659 LIABILITY OR ANY DUTY IMPOSED BY REASON OF ACTS OR OMISSIONS OF25
664660 THE LANDLORD, NOR DOES THE DISTRICT COURT 'S APPOINTMENT OF A26
665661 RECEIVER SUSPEND ANY OBLIGATION THE LANDLORD OF THE MULTIFAMILY27
666662 020
667663 -18- RESIDENTIAL PROPERTY OR ANY OTHER PERSON MAY HAVE FOR PAYMENT1
668664 OF TAXES, ANY OPERATING OR MAINTENANCE EXPENSES , OR MORTGAGES2
669665 OR LIENS, OR FOR REPAIR OF THE MULTIFAMILY RESIDENTIAL PROPERTY ;3
670666 (b) A
671667 RECEIVER APPOINTED BY A DISTRICT COURT PURSUANT TO4
672668 THIS SECTION IS LIABLE FOR INJURIES TO PERSONS AND PROPERTY TO THE5
673669 SAME EXTENT AS THE LANDLORD
674670 OF THE MULTIFAMILY RESIDENTIAL6
675671 PROPERTY WOULD HAVE BEEN LIABLE ; EXCEPT THAT, SUCH LIABILITY IS7
676672 LIMITED TO THE ASSETS AND INCOME OF THE RECEIVERSHIP , INCLUDING8
677673 ANY PROCEEDS OF INSURANCE PURCHASED BY THE RECEIVER IN ITS9
678674 CAPACITY AS RECEIVER;10
679675 (c) A
680676 RECEIVER IS NOT PERSONALLY LIABLE FOR ACTIONS OR11
681677 INACTIONS WITHIN THE SCOPE OF THE RECEIVER'S CAPACITY AS RECEIVER;12
682678 (d) O
683679 NLY A SUIT APPROVED BY THE DISTRICT COURT THAT13
684680 APPOINTS THE RECEIVER MAY BE BROUGHT AGAINST THE RECEIVER ;
685681 14
686682 (e) N
687683 OTHING IN THIS SECTION LIMITS THE RIGHT OF TENANTS TO
688684 15
689685 SEEK A REMEDY FOR A VIOLATION OF THIS PART 5, OTHER THAN A16
690686 VIOLATION OF SECTION 28-12-503 (5), INCLUDING A BREACH OF THE17
691687 WARRANTY OF HABITABILITY, THAT OCCURRED BEFORE THE APPOINTMENT18
692688 OF A RECEIVER PURSUANT TO THIS SECTION;19
693689 (f) N
694690 OTHING IN THIS SECTION LIMITS THE POWERS OF ANY HOME
695691 20
696692 RULE MUNICIPALITY TO ENACT ORDINANCES OR OTHERWISE SAFEGUARD21
697693 THE HEALTH, SAFETY, AND WELFARE OF RESIDENTS OF MULTIFAMILY22
698694 RESIDENTIAL PROPERTIES; AND23
699695 (g) NOTHING IN THIS SECTION LIMITS THE RIGHT OF TENANTS TO24
700696 RAISE ANY COUNTERCLAIMS OR DEFENSES IN ANY SUMMARY PROCESS OR25
701697 OTHER ACTION REGARDING POSSESSION BROUGHT BY A RECEIVER .26
702698 SECTION 7. Act subject to petition - effective date. This act27
703699 020
704700 -19- takes effect at 12:01 a.m. on the day following the expiration of the1
705701 ninety-day period after final adjournment of the general assembly; except2
706702 that, if a referendum petition is filed pursuant to section 1 (3) of article V3
707703 of the state constitution against this act or an item, section, or part of this4
708704 act within such period, then the act, item, section, or part will not take5
709705 effect unless approved by the people at the general election to be held in6
710706 November 2026 and, in such case, will take effect on the date of the7
711707 official declaration of the vote thereon by the governor.8
712708 020
713709 -20-