First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0555.01 Pierce Lively x2059
SENATE BILL 25-020
Senate Committees House Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ENFORCEMENT OF EXISTING LANDLORD -TENANT101
LAW.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill clarifies that the attorney general has the
power to initiate and bring civil and criminal actions to enforce certain
state landlord-tenant laws. Section 2 makes corresponding conforming
amendments to the attorney general's statutory powers and duties.
Sections 3 and 4 grant counties, cities and counties, and
municipalities the power to initiate and bring civil and criminal actions
SENATE
3rd Reading Unamended
March 31, 2025
SENATE
Amended 2nd Reading
March 28, 2025
SENATE SPONSORSHIP
Weissman and Gonzales J., Ball, Bridges, Coleman, Cutter, Michaelson Jenet, Rodriguez,
Sullivan, Wallace, Winter F.
HOUSE SPONSORSHIP
Lindsay and Mabrey,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. to enforce certain state landlord-tenant laws.
Section 5 establishes a receivership mechanism that is available
as a remedy for violations of applicable laws and regulations by the
owner of multifamily residential property. The attorney general's office,
a county, a city and county, and a municipality may all apply to a district
court for the appointment of a receiver to operate a residential property.
The bill establishes the process for a district court appointing a receiver,
including requiring a hearing and an order of appointment that specifies
the duties of a receiver, and the criteria for qualifying as a receiver. No
sooner than 180 days after the district court appoints a receiver, the owner
of the relevant property, attorney general, county, city and county, or
municipality may submit an application to the district court seeking the
termination of the receivership. As with the appointing of a receiver, the
bill establishes the process by which a district court may terminate a
receivership.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 13-40-110.5, add (6)
2
as follows:3
13-40-110.5. Automatic suppression of court records -4
definition. (6) I
N ADDITION TO THE PERSONS DESCRIBED IN SUBSECTIONS
5
(1)
AND (5) OF THIS SECTION, A COURT SHALL ALLOW A PERSON TO ACCESS
6
A SUPPRESSED COURT RECORD IF THE PERSON AFFIRMS TO THE COURT , IN7
WRITING OR ELECTRONICALLY , THAT THE PERSON IS ACCESSING THE8
SUPPRESSED COURT RECORD ON BEHALF OF THE ATTORNEY GENERAL FOR9
THE PURPOSE OF INVESTIGATING ANY VIOLATION OF STATE LAW THAT THE10
ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE PURSUANT TO SECTION11
24-31-101 (1)(i).12
SECTION 2. In Colorado Revised Statutes, 24-31-101, amend13
(1)(i)(XXII); and add (1)(i)(XXIV), (1)(i)(XXV), (1)(i)(XXVI), and (5)14
as follows:15
24-31-101. Powers and duties of attorney general. (1) The16
attorney general:17
020-2- (i) May independently initiate and bring civil and criminal actions1
to enforce state laws, including actions brought pursuant to:2
(XXII) Part 14 of article 12 of title 38; and3
(XXIV) B
EGINNING JANUARY 1, 2026, PART 4 OF ARTICLE 12 OF4
TITLE 38;5
(XXV) B
EGINNING JANUARY 1, 2026, PART 8 OF ARTICLE 12 OF6
TITLE 38; AND7
(XXVI) B
EGINNING JANUARY 1, 2026, PART 10 OF ARTICLE 12 OF8
TITLE 38.9
(5) T
HE ATTORNEY GENERAL SHALL CONDUCT ENFORCEMENT
10
ACTIONS AUTHORIZED BY SENATE BILL 25-020, IF ANY, WITHIN EXISTING11
APPROPRIATIONS.12
SECTION 3. In Colorado Revised Statutes, 24-31-115, amend13
(4)(a) introductory portion, (5)(a), (6)(b), (8)(a) introductory portion,14
(8)(a)(III), (8)(b), and (9) as follows:15
24-31-115. Housing unit - powers of attorney general or16
district attorney - subpoenas - document production - remedies -17
injunctive relief - penalties. (4) Powers. (a) When the attorney general18
has reasonable cause to believe that any person, whether in this state or19
elsewhere, has engaged in or is engaging in a violation of any of the20
provisions listed in section 24-31-101, (1)(i)(IX) to (1)(i)(XIV), the21
attorney general may:22
(5) Subpoenas - production of documents. (a) When the23
attorney general has reasonable cause to believe that a person, whether in24
this state or elsewhere, has engaged in or is engaging in a violation of any25
of the provisions listed in section 24-31-101, (1)(i)(IX) to (1)(i)(XIV), the26
attorney general, in addition to any other powers conferred upon the27
020
-3- attorney general by this article 31, may issue subpoenas to require the1
attendance of witnesses or the production of documents, administer oaths,2
conduct hearings in aid of any investigation or inquiry, and prescribe such3
forms and promulgate such rules as may be necessary to administer the4
provisions of this article 31.5
(6) Inadmissible testimony. (b) Subject to subsection (8) of this6
section, the records of investigations or intelligence information of the7
attorney general obtained under this article 31 may constitute public8
records available for inspection by the public at the sole discretion of the9
attorney general. This subsection (6)(b) shall not be construed to prevent10
the attorney general from issuing public statements describing or warning11
of any course of conduct or any conspiracy that constitutes a violation of12
any of the provisions listed in section 24-31-101, (1)(i)(IX) to13
(1)(i)(XIV), whether on a local, statewide, regional, or nationwide basis.14
(8) Injunctive authority - assurances of discontinuance.15
(a) Whenever the attorney general has cause to believe that a person has16
engaged in or is engaging in a violation of any of the provisions listed in17
section 24-31-101, (1)(i)(IX) to (1)(i)(XIV), the attorney general may18
apply for and obtain, in an action in the appropriate district court of this19
state, a temporary restraining order or injunction, or both, pursuant to the20
Colorado rules of civil procedure, prohibiting the person from continuing21
or engaging in such practices, or doing any act in furtherance of such22
practices. The court may make such orders or judgments as is necessary23
to:24
(III) Prevent any unjust enrichment by any person through the use25
or employment of any practice that is in violation of any of the provisions26
listed in section 24-31-101. (1)(i)(IX) to (1)(i)(XIV).27
020
-4- (b) Where the attorney general has authority to institute a civil1
action or other proceeding pursuant to the provisions of this article, the2
attorney general may accept, in lieu thereof or as a part thereof, an3
assurance of discontinuance of any practice that constitutes a violation of4
any of the provisions that are listed in section 24-31-101. (1)(i)(IX) to5
(1)(i)(XIV). Any such assurance of discontinuance may include a6
stipulation for the voluntary payment by the alleged violator of the costs7
of investigation and the costs of any action or proceeding by the attorney8
general or a district attorney and any amount necessary to restore to any9
person any money or property that may have been acquired by the alleged10
violator by means of a violation of any of the provisions that are listed in11
section 24-31-101. (1)(i)(IX) to (1)(i)(XIV). Any such assurance or12
discontinuance accepted by the attorney general and any such stipulation13
filed with the court as a part of any such action or proceeding is a matter14
of public record unless the attorney general determines, in the attorney15
general's sole discretion, that the assurance of discontinuance and any16
stipulation are confidential to the parties to the action or proceeding and17
to the court and its employees. Upon the filing of a civil action by the18
attorney general alleging that a confidential assurance of discontinuance19
or stipulation accepted pursuant to this subsection (8)(b) has been20
violated, the assurance of discontinuance or stipulation is deemed a public21
record and open to inspection by any person. Proof by a preponderance22
of the evidence of a violation of any such assurance or stipulation23
constitutes prima facie evidence of a deceptive trade practice for the24
purposes of any civil action or proceeding brought thereafter by the25
attorney general, whether a new action or a subsequent motion or petition26
in any pending action or proceeding.27
020
-5- (9) Penalties. In order to enforce the provisions of this article 31,1
in addition to any penalties stated in this article 31, the attorney general2
may seek any of the penalties or other enforcement mechanisms specified3
in the "Immigrant Tenant Protection Act", part 12 of article 12 of title 38;4
the "Mobile Home Park Act", part 2 of article 12 of title 38; the "Mobile5
Home Park Act Dispute Resolution and Enforcement Program", part 116
of article 12 of title 38; part 1 of article 12 of title 38; part 7 of article 127
of title 38; and section 38-12-904 (1)(b) ARTICLE 12 OF TITLE 38,8
INCLUDING ANY PENALTIES AVAILABLE TO AGGRIEVED TENANTS OR OTHER9
AGGRIEVED PERSONS UNDER THESE PROVISIONS , along with costs to10
enforce these provisions.11
SECTION 4. In Colorado Revised Statutes, 30-11-101, add12
(1)(m) and (3) as follows:13
30-11-101. Powers of counties. (1) Each organized county14
within the state is a body corporate and politic and as such is empowered15
for the following purposes:16
(m) I
NDEPENDENTLY INITIATING AND BRINGING CIVIL
ACTIONS17
TO ENFORCE:18
(I) P
ARTS 1, 2, 5, 7, 9, 11, 12, AND 14 OF ARTICLE 12 OF TITLE 38;19
AND20
(II) B
EGINNING JANUARY 1, 2026, PARTS 4, 8, AND 10 OF ARTICLE21
12
OF TITLE 38.22
(3) (a) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , A
23
CONTRACT BETWEEN A COUNTY AND A PRIVATE ATTORNEY WHO THE24
COUNTY RETAINS IN RELATION TO A CIVIL ACTION DESCRIBED IN25
SUBSECTION (1)(m) OF THIS SECTION SHALL SPECIFY AN HOURLY RATE ,26
NOT TO EXCEED FIVE HUNDRED DOLLARS PER HOUR , AT WHICH THE27
020
-6- COUNTY COMPENSATES THE PRIVATE ATTORNEY .1
(b) A
COUNTY MAY USE AN AMOUNT EQUAL TO OR LESS THAN TEN
2
PERCENT OF ANY MONETARY AWARD RECEIVED AS A RESULT OF A CIVIL OR3
CRIMINAL ACTION COMMENCED PURSUANT TO SUBSECTION (1)(m) OF THIS4
SECTION TO COVER THE COSTS OF THAT CIVIL ACTION , INCLUDING5
ATTORNEY FEES.6
(c) I
N COMMENCING A CIVIL ACTION PURSUANT TO SUBSECTION
7
(1)(m)
OF THIS SECTION, A COUNTY MAY CONFER WITH ANY HOUSING
8
AUTHORITY CREATED PURSUANT TO TITLE 29 THAT SERVES THE COUNTY9
IN WHOLE OR IN PART.10
SECTION 5. In Colorado Revised Statutes, 31-15-401, add (1)(r)11
and (2) as follows:12
31-15-401. General police powers. (1) In relation to the general13
police power, the governing bodies of municipalities have the following14
powers:15
(r) MAY INDEPENDENTLY INITIATE AND BRING CIVIL ACTIONS16
TO ENFORCE:17
(I) P
ARTS 1, 2, 5, 7, 9, 11, 12, AND 14 OF ARTICLE 12 OF TITLE 38;18
AND19
(II) B
EGINNING JANUARY 1, 2026, PARTS 4, 8, AND 10 OF ARTICLE20
12
OF TITLE 38.21
(2) (a) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , A
22
CONTRACT BETWEEN A MUNICIPALITY AND A PRIVATE ATTORNEY WHO THE23
COUNTY RETAINS IN RELATION TO A CIVIL ACTION DESCRIBED IN24
SUBSECTION (1)(r) OF THIS SECTION SHALL SPECIFY AN HOURLY RATE, NOT25
TO EXCEED FIVE HUNDRED DOLLARS PER HOUR , AT WHICH THE26
MUNICIPALITY COMPENSATES THE PRIVATE ATTORNEY .27
020
-7- (b) A MUNICIPALITY MAY USE AN AMOUNT EQUAL TO OR LESS1
THAN TEN PERCENT OF ANY MONETARY AWARD RECEIVED AS A RESULT OF2
A CIVIL ACTION COMMENCED PURSUANT TO SUBSECTION (1)(r) OF THIS3
SECTION TO COVER THE COSTS OF THAT CIVIL ACTION , INCLUDING4
ATTORNEY FEES.5
(c) I
N COMMENCING A CIVIL ACTION PURSUANT TO SUBSECTION
6
(1)(r)
OF THIS SECTION, A MUNICIPALITY MAY CONFER WITH ANY HOUSING
7
AUTHORITY CREATED PURSUANT TO TITLE 29 THAT SERVES THE8
MUNICIPALITY IN WHOLE OR IN PART.9
SECTION 6. In Colorado Revised Statutes, add 38-12-513 as10
follows:11
38-12-513. Receivership of residential housing. (1) T
HE12
PURPOSE OF THIS SECTION IS TO ESTABLISH A RECEIVERSHIP MECHANISM13
THAT WILL BE AVAILABLE AS A REMEDY FOR VIOLATIONS OF APPLICABLE14
LAWS AND REGULATIONS BY THE LANDLORD
OF MULTIFAMILY15
RESIDENTIAL PROPERTY. THE DUTIES OF A RECEIVER ARE TO ACHIEVE THE16
PURPOSES OF THIS PART 5 PURSUANT TO SECTION 38-12-501, TO ENSURE17
THAT MULTIFAMILY RESIDENTIAL PROPERTY IS FIT FOR HUMAN18
HABITATION AS REQUIRED BY SECTION 38-12-503 (1), AND TO ENSURE19
THAT THE MULTIFAMILY RESIDENTIAL PROPERTY COMPLIES WITH ALL20
COUNTY OR MUNICIPAL PUBLIC HEALTH CODES OR MUNICIPAL ORDINANCES21
REGULATING PUBLIC HEALTH AND SAFETY THAT APPLY TO MULTIFAMILY22
RESIDENTIAL PROPERTY.23
(2) T
HE FOLLOWING PARTIES MAY APPLY TO THE DISTRICT COURT24
FOR THE APPOINTMENT OF A RECEIVER TO OPERATE A MULTIFAMILY25
RESIDENTIAL PROPERTY:26
(a) T
HE ATTORNEY GENERAL, WHEN THE ATTORNEY GENERAL HAS27
020
-8- REASONABLE CAUSE TO BELIEVE THAT ANY PERSON , WHETHER IN THIS1
STATE OR ELSEWHERE, HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION2
OF THIS PART 5, OTHER THAN A VIOLATION OF SECTION 28-12-503 (5), IN3
CONNECTION WITH THE MULTIFAMILY RESIDENTIAL PROPERTY ; AND4
(b) A COUNTY, CITY AND COUNTY, OR MUNICIPALITY, WHEN5
THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY HAS REASONABLE6
CAUSE TO BELIEVE THAT ANY PERSON , WHETHER IN THIS STATE OR7
ELSEWHERE, HAS ENGAGED IN OR IS ENGAGING IN A PATTERN OR PRACTICE8
OF VIOLATIONS OF THIS PART 5, OTHER THAN A VIOLATION OF SECTION9
38-12-503
(5), IN CONNECTION WITH THE MULTIFAMILY RESIDENTIAL
10
PROPERTY.11
(3) (a) A
PETITIONER SEEKING THE APPOINTMENT OF A RECEIVER12
PURSUANT TO THIS SECTION MUST FILE AN APPLICATION WITH THE13
DISTRICT COURT FOR THE COUNTY OR CITY AND COUNTY WHERE THE14
MULTIFAMILY RESIDENTIAL PROPERTY IS LOCATED .15
(b) (I) T
HE DISTRICT COURT SHALL NOT HOLD A HEARING16
CONCERNING AN APPLICATION FOR THE APPOINTMENT OF A RECEIVER17
PURSUANT TO THIS SECTION SOONER THAN THREE BUSINESS DAYS
AFTER18
THE FOLLOWING PARTIES HAVE BEEN SERVED WITH NOTICE THEREOF , AS19
PROVIDED IN THE COLORADO RULES OF CIVIL PROCEDURE :20
(A) T
HE LANDLORD
OF THE MULTIFAMILY RESIDENTIAL PROPERTY;21
(B) A
NY LESSEE OR MORTGAGEE OF THE MULTIFAMILY22
RESIDENTIAL PROPERTY, EXCEPT THAT THE FAILURE TO SERVE ANY SUCH
23
PARTY WHOSE NAME AND ADDRESS ARE NOT AVAILABLE TO THE24
PETITIONER DOES NOT PRECLUDE THE COURT FROM HOLDING THE HEARING25
OR INVALIDATING THE PROCEEDING SO LONG AS THE NOTICE IS POSTED AT26
THE PROPERTY;27
020
-9- (C) THE CITY OR TOWN IN WHICH THE MULTIFAMILY RESIDENTIAL1
PROPERTY IS LOCATED;2
(D) T
HE COUNTY OR CITY AND COUNTY IN WHICH THE3
MULTIFAMILY RESIDENTIAL PROPERTY IS LOCATED ;4
(E) T
HE ATTORNEY GENERAL'S OFFICE; AND5
(F) T
HE DEPARTMENT OF LOCAL AFFAIRS .6
(II) I
N PROVIDING NOTICE PURSUANT TO SUBSECTION (3)(b)(I) OF7
THIS SECTION, A PARTY DOES NOT HAVE TO PROVIDE NOTICE TO ITSELF .8
(III) A
PETITIONER SEEKING THE APPOINTMENT OF A RECEIVER
9
PURSUANT TO THIS SECTION MUST CONSPICUOUSLY POST NOTICE OF THE10
PETITION ON AND AROUND THE RELEVANT MULTIFAMILY RESIDENTIAL11
PROPERTY. THIS NOTICE SHALL INCLUDE THE PHONE NUMBER AND EMAIL12
ADDRESS OF THE PETITIONER. THE PETITIONER IS STRONGLY ENCOURAGED13
TO POST THE NOTICE IN LANGUAGES OTHER THAN ENGLISH, IF THE14
PETITIONER IS AWARE THAT THOSE LANGUAGES ARE SPOKEN BY THE15
PROPERTY'S TENANTS.16
(c) A
N APPLICATION FOR APPOINTMENT OF A RECEIVER PURSUANT17
TO THIS SUBSECTION (3) HAS PRECEDENCE AND PRIORITY OVER ANY CIVIL18
OR CRIMINAL CASE PENDING IN THE DISTRICT COURT WHERE THE19
APPLICATION IS FILED.20
(4) (a) T
HE DISTRICT COURT'S APPOINTMENT OF A RECEIVER21
PURSUANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH AND22
GOVERNED BY RULE 66 OF THE COLORADO RULES OF CIVIL PROCEDURE .23
(b) T
O APPOINT A RECEIVER PURSUANT TO THIS SECTION , THE24
DISTRICT COURT MUST FIND THAT:25
(I) G
ROUNDS FOR THE APPOINTMENT OF A RECEIVER EXIST DUE TO26
A FINDING BY THE DISTRICT COURT, BASED ON A PREPONDERANCE OF THE27
020
-10- EVIDENCE, SUPPORTING THE RELEVANT CLAIMS IN AN APPLICATION1
SUBMITTED BY A PARTY PURSUANT TO SUBSECTION (2) OF THIS SECTION;2
AND3
(II) P
ROPER NOTICE AS REQUIRED BY SUBSECTION (3) OF THIS4
SECTION HAS BEEN SERVED.5
(c) A
RECEIVER APPOINTED BY THE DISTRICT COURT PURSUANT TO6
THIS SECTION MUST BE A PERSON WITH KNOWLEDGE AND EXPERIENCE IN7
THE OPERATION, MAINTENANCE, AND IMPROVEMENT OF RESIDENTIAL8
HOUSING. THE RECEIVER MUST BE FINANCIALLY AND LEGALLY
9
INDEPENDENT OF THE MULTIFAMILY RESIDENTIAL PROPERTY 'S OWNERSHIP10
OR MANAGEMENT. THE DISTRICT COURT MAY ALSO REQUIRE THAT THE11
RECEIVER POST A BOND WITH ADEQUATE SURETIES AS DETERMINED BY THE12
COURT.13
(d) I
N APPOINTING A RECEIVER PURSUANT TO THIS SECTION , THE14
DISTRICT COURT MUST HOLD A HEARING, AT WHICH TIME THE PARTIES MAY15
APPEAR AND BE HEARD.16
(e) F
OLLOWING THE HEARING DESCRIBED IN SUBSECTION (4)(d) OF17
THIS SECTION, IF THE COURT APPOINTS A RECEIVER , THE COURT MUST18
ENTER AN ORDER OF APPOINTMENT THAT SPECIFIES THE DUTIES AND19
RESPONSIBILITIES OF THE RECEIVER, WHICH MUST INCLUDE THAT THE20
RECEIVER:21
(I) W
ITHIN THIRTY DAYS OF BEING APPOINTED BY THE DISTRICT22
COURT, SUBMIT A PLAN TO THE DISTRICT COURT FOR THE REMEDIATION OF23
ANY VIOLATIONS OF THIS PART 5, OTHER THAN A VIOLATION OF SECTION
24
28-12-503
(5),
A COUNTY OR CITY AND COUNTY PUBLIC HEALTH CODE , OR25
A MUNICIPAL ORDINANCE;26
(II) T
AKE THE ACTIONS NECESSARY TO ENSURE THAT THE27
020
-11- MULTIFAMILY RESIDENTIAL PROPERTY IS NO LONGER IN VIOLATION OF THIS1
PART 5, OTHER THAN A VIOLATION OF SECTION 28-12-503 (5), A COUNTY2
OR CITY AND COUNTY PUBLIC HEALTH CODE , OR A MUNICIPAL ORDINANCE;3
(III) N
O LATER THAN EVERY THIRTY DAYS AFTER BEING4
APPOINTED BY THE DISTRICT COURT, SUBMIT AN ACCOUNTING AND STATUS5
REPORT TO THE DISTRICT COURT, WHICH MUST INCLUDE ACTIONS THAT6
HAVE BEEN COMPLETED AND ACTIONS THAT ARE STILL ONGOING TO7
ACHIEVE COMPLIANCE WITH THIS PART 5, A COUNTY OR CITY AND COUNTY8
PUBLIC HEALTH CODE, OR A MUNICIPAL ORDINANCE; AND9
(IV) A
T THE END OF THE RECEIVERSHIP , AS DESCRIBED IN10
SUBSECTION (8) OF THIS SECTION, SUBMIT A FINAL ACCOUNTING AND11
STATUS REPORT TO THE COURT , WHICH MUST INCLUDE ACTIONS THAT12
HAVE BEEN COMPLETED AND ACTIONS THAT ARE STILL ONGOING TO13
ACHIEVE COMPLIANCE WITH THIS PART 5, A COUNTY OR CITY AND COUNTY14
PUBLIC HEALTH CODE, OR A MUNICIPAL ORDINANCE.15
(5) (a) A
RECEIVER APPOINTED BY THE DISTRICT COURT PURSUANT16
TO THIS SECTION HAS THE POWER TO:17
(I) R
EMEDIATE ANY VIOLATION BY THE MULTIFAMILY RESIDENTIAL18
PROPERTY OF THIS PART 5, OTHER THAN A VIOLATION OF SECTION
19
28-12-503
(5),
A COUNTY OR CITY AND COUNTY PUBLIC HEALTH CODE , OR20
A MUNICIPAL ORDINANCE;21
(II) A
S NECESSARY TO ACCOMPLISH THE REMEDIATION AND22
COMPLIANCE DESCRIBED IN SUBSECTION (5)(a)(I) OF THIS SECTION:23
(A) E
NTER INTO NEW CONTRACTS;24
(B) B
ORROW MONEY;25
(C) S
ECURE FUNDS BY GRANTING LIENS UPON THE MULTIFAMILY26
RESIDENTIAL PROPERTY; AND27
020
-12- (D) RECEIVE RENT FROM TENANTS OF THE MULTIFAMILY1
RESIDENTIAL PROPERTY; AND2
(III) E
XERCISE ANY OTHER POWERS DEEMED NECESSARY BY THE3
DISTRICT COURT AND NOT INCONSISTENT WITH RULE 66 OF THE COLORADO4
RULES OF CIVIL PROCEDURE.5
(b) T
HE RECEIVER'S FEES ESTABLISHED IN THE DISTRICT COURT'S6
ORDER OF APPOINTMENT ENTERED PURSUANT TO SUBSECTION (4)(e) OF7
THIS SECTION MAY ONLY BE COVERED BY MONEY THAT THE RECEIVER8
RAISES PURSUANT TO SUBSECTION (5)(a)(II)(C) OF THIS SECTION.9
(c) I
N EXERCISING ITS POWERS PURSUANT TO THIS SUBSECTION (5),10
A RECEIVER IS NOT REQUIRED TO EMPLOY STANDARD PUBLIC BIDDING11
PRACTICES AND MAY:12
(I) C
ARRY OUT EXECUTORY CONTRACTS ;13
(II) E
NTER INTO NEW CONTRACTS;14
(III) B
ORROW MONEY;15
(IV) M
ORTGAGE OR PLEDGE PROPERTY ;16
(V) S
ELL ASSETS AT PUBLIC OR PRIVATE SALE;17
(VI) M
AKE AND RECEIVE CONVEYANCES IN THE CORPORATE NAME ;18
(VII) L
EASE REAL ESTATE;19
(VIII) S
ETTLE OR COMPROMISE CLAIMS ;20
(IX) C
OMMENCE AND PROSECUTE ALL ACTIONS AND PROCEEDINGS21
NECESSARY TO ENABLE LIQUIDATION ; AND22
(X) D
ISTRIBUTE ASSETS EITHER IN CASH OR IN KIND AMONG23
MEMBERS ACCORDING TO THEIR RESPECTIVE RIGHTS AFTER PAYING OR24
ADEQUATELY PROVIDING FOR THE PAYMENT OF LIABILITIES .25
(6) T
HE RECEIVER SHALL PERFORM DUTIES , ASSUME26
RESPONSIBILITIES, AND PRESERVE THE MULTIFAMILY RESIDENTIAL27
020
-13- PROPERTY IN ACCORDANCE WITH ESTABLISHED PRINCIPLES OF LAW FOR1
RECEIVERS OF REAL PROPERTY. IN SO DOING, THE RECEIVER:2
(a) S
HALL PERFORM THEIR DUTIES IN A WAY THAT MINIMIZES , TO
3
THE GREATEST EXTENT POSSIBLE , FURTHER DISRUPTION OF THE4
MULTIFAMILY RESIDENTIAL PROPERTY 'S TENANTS;5
(b) S
HALL COMMUNICATE, AT LEAST ONCE A WEEK, IN A MANNER
6
REASONABLY CALCULATED TO BE RECEIVED BY THE MULTIFAMILY7
RESIDENTIAL PROPERTY'S TENANTS, SUCH AS BY CONSPICUOUSLY POSTING8
COMMUNICATIONS ON AND AROUND THE PROPERTY OR ON THE PROPERTY 'S9
ONLINE TENANT PORTAL, CONCERNING WHAT MEASURES THE RECEIVER IS10
TAKING TO BRING THE PROPERTY INTO COMPLIANCE WITH A COUNTY OR11
CITY AND COUNTY PUBLIC HEALTH CODE , OR A MUNICIPAL ORDINANCE12
AND OTHERWISE BRINGING THE PROPERTY INTO COMPLIANCE WITH THIS13
PART 5;14
(c) S
HALL FIRST APPLY RENTS RECEIVED PURSUANT TO
15
SUBSECTION (5)(a)(II)(D) OF THIS SECTION TOWARD THE PAYMENT OF ANY16
UTILITIES OR SERVICES FOR THE MULTIFAMILY RESIDENTIAL PROPERTY ;17
(d) A
FTER APPLYING RENTS RECEIVED PURSUANT TO SUBSECTION
18
(5)(a)(II)(D)
OF THIS SECTION AS DESCRIBED IN SUBSECTION (6)(c) OF THIS
19
SECTION, SHALL APPLY RENTS RECEIVED PURSUANT TO SUBSECTION20
(5)(a)(II)(D)
OF THIS SECTION TOWARD THE COST OF REMEDIATING ANY
21
VIOLATION BY THE MULTIFAMILY RESIDENTIAL PROPERTY OF THIS PART 5,22
OTHER THAN A VIOLATION OF SECTION 28-12-503 (5), A COUNTY OR CITY23
AND COUNTY PUBLIC HEALTH CODE , OR A MUNICIPAL ORDINANCE AND24
OTHERWISE BRINGING THE PROPERTY INTO COMPLIANCE WITH THIS PART25
5;26
(e) S
HALL NOT INITIATE A FORCIBLE ENTRY OR DETAINER ACTION
27
020
-14- OR PROCEEDING RELATED TO THE NONPAYMENT OF BEFORE THE1
BEGINNING OF THE RECEIVERSHIP;2
(f) M
AY INITIATE A FORCIBLE ENTRY OR DETAINER ACTION OR
3
PROCEEDING RELATED TO THE NONPAYMENT OF RENT THAT OCCURS4
DURING THE RECEIVERSHIP; AND5
(g) S
HALL NOT INCREASE RENTS, FEES, OR COSTS CHARGED TO THE
6
THE MULTIFAMILY RESIDENTIAL PROPERTY 'S TENANTS BEYOND THE7
LEVELS OF THE RENTS, FEES, AND COSTS CHARGED WHEN THE COURT8
APPOINTED THE RECEIVER.9
(7) N
OTHING IN THIS SECTION PREVENTS THE COURT FROM10
ALTERING OR AMENDING THE TERMS AND CONDITIONS OF THE11
RECEIVERSHIP OR THE RECEIVER 'S RESPONSIBILITIES AND DUTIES12
FOLLOWING A HEARING, AT WHICH TIME THE PARTIES MAY APPEAR AND BE13
HEARD, AND NOTHING IN THIS SECTION PROHIBITS THE PARTIES FROM14
STIPULATING TO THE TERMS AND CONDITIONS OF THE RECEIVERSHIP AND15
THE RESPONSIBILITIES AND DUTIES OF THE RECEIVER , INCLUDING THE16
DURATION THEREOF, WHICH STIPULATION MUST BE SUBMITTED TO THE17
COURT FOR APPROVAL.18
(8) (a) N
O SOONER THAN NINETY
DAYS AFTER THE DISTRICT COURT19
HAS APPOINTED A RECEIVER FOR A MULTIFAMILY RESIDENTIAL PROPERTY ,20
ANY OF THE FOLLOWING MAY SUBMIT AN APPLICATION TO THE DISTRICT21
COURT SEEKING THE TERMINATION OF THE RECEIVERSHIP :22
(I) T
HE LANDLORD
OF THE MULTIFAMILY RESIDENTIAL PROPERTY ;23
(II) A
NY LESSEE OF THE ENTIRE MULTIFAMILY RESIDENTIAL
24
PROPERTY;25
(III) THE ATTORNEY GENERAL'S OFFICE;26
(IV) THE CITY OR TOWN IN WHICH THE MULTIFAMILY RESIDENTIAL27
020
-15- PROPERTY IS LOCATED; AND1
(V) THE COUNTY OR CITY AND COUNTY IN WHICH THE2
MULTIFAMILY RESIDENTIAL PROPERTY IS LOCATED .3
(b) A
DISTRICT COURT MAY ONLY TERMINATE A RECEIVERSHIP IF4
IT:5
(I) R
ECEIVES AN APPLICATION TO TERMINATE THE RECEIVERSHIP6
PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION;7
(II) F
INDS THAT TERMINATING A RECEIVERSHIP IS IN THE PUBLIC8
INTEREST AND IN THE BEST INTEREST OF THE MULTIFAMILY RESIDENTIAL
9
PROPERTY'S TENANTS; AND10
(III) F
INDS THAT THE LANDLORD, OPERATOR, OR MANAGER
OF THE11
MULTIFAMILY RESIDENTIAL PROPERTY HAS :12
(A) D
EMONSTRATED THAT IT WILL CARRY OUT , IN THE TIME FRAME
13
MOST RECENTLY APPROVED BY THE COURT PURSUANT TO SUBSECTION (4)14
OR (7) OF THIS SECTION, ANY REMAINING ACTIONS IDENTIFIED BY THE15
RECEIVER AS NECESSARY TO ENSURE THAT THE MULTIFAMILY RESIDENTIAL16
PROPERTY IS NO LONGER IN VIOLATION OF THIS PART 5, OTHER THAN A17
VIOLATION OF SECTION 28-12-503 (5), A COUNTY OR CITY AND COUNTY18
PUBLIC HEALTH CODE, OR A MUNICIPAL ORDINANCE;19
(B) P
AID OR DEPOSITED WITH THE DISTRICT COURT ANY MONEY20
NECESSARY FOR THE RECEIVER TO COMPLETE THEIR DUTIES PURSUANT TO21
THIS SECTION;22
(C) A
GREED TO ASSUME ALL LEGAL OBLIGATIONS , INCLUDING23
DEBT OR LIENS,
INCURRED BY THE RECEIVER IN CONNECTION WITH THE24
RECEIVERSHIP OF THE MULTIFAMILY RESIDENTIAL PROPERTY ;25
(D) P
AID
ANY COSTS INCURRED BY THE RECEIVER IN26
CONNECTION WITH THE RECEIVERSHIP OF THE MULTIFAMILY RESIDENTIAL27
020
-16- PROPERTY; AND1
(E) P
OSTED A BOND WITH THE DISTRICT COURT IN AN AMOUNT2
DETERMINED BY THE DISTRICT COURT AND EQUAL TO NOT MORE THAN3
FIFTY PERCENT OF THE FAIR MARKET VALUE OF THE MULTIFAMILY4
RESIDENTIAL PROPERTY, WHICH BOND IS FORFEITED IN THE EVENT OF5
FUTURE VIOLATION BY THE MULTIFAMILY RESIDENTIAL PROPERTY OF THIS6
PART 5, OTHER THAN A VIOLATION OF SECTION 28-12-503 (5),
A COUNTY7
OR CITY AND COUNTY PUBLIC HEALTH CODE , OR A MUNICIPAL ORDINANCE8
AND FAILURE TO BRING THE MULTIFAMILY RESIDENTIAL PROPERTY INTO9
COMPLIANCE WITH THIS PART 5, COUNTY OR CITY AND COUNTY PUBLIC10
HEALTH CODES, AND MUNICIPAL ORDINANCES , AND WHICH BOND IS11
RELEASED WHEN THE ACTIONS , OBLIGATIONS, AND INDEBTEDNESS12
IDENTIFIED IN THIS SUBSECTION (8)(b)(III) ARE COMPLETED OR OTHERWISE13
SATISFIED.14
(c) N
OTWITHSTANDING SUBSECTION (8)(b) OF THIS SECTION, THE15
DISTRICT COURT MAY TERMINATE THE RECEIVERSHIP UPON A FINDING16
THAT THE RECEIVER HAS COMPLETED ITS WORK AND THAT ALL17
VIOLATIONS BY THE MULTIFAMILY RESIDENTIAL PROPERTY OF THIS PART
18
5,
OTHER THAN A VIOLATION OF SECTION 28-12-503 (5),
A COUNTY OR19
CITY AND COUNTY PUBLIC HEALTH CODE , OR A MUNICIPAL ORDINANCE20
HAVE BEEN REMEDIED AND THE MULTIFAMILY RESIDENTIAL PROPERTY HAS21
BEEN BROUGHT INTO COMPLIANCE WITH THIS PART 5, COUNTY OR CITY22
AND COUNTY PUBLIC HEALTH CODES , AND MUNICIPAL ORDINANCES.23
(d) U
PON A FINDING THAT THE LANDLORD
OF THE MULTIFAMILY24
RESIDENTIAL PROPERTY HAS NOT COMPLIED WITH ANY OF THE CONDITIONS25
IDENTIFIED IN SUBSECTION (8)(b)(III) OF THIS SECTION, THE DISTRICT26
COURT MAY REAPPOINT THE RECEIVER .27
020
-17- (e) AFTER TERMINATING THE RECEIVERSHIP PURSUANT TO THIS1
SUBSECTION (8), THE DISTRICT COURT:2
(I)
MAY APPOINT THE RECEIVER, OR ANOTHER QUALIFIED ENTITY3
THAT SATISFIES THE REQUIREMENTS OF A RECEIVER ESTABLISHED IN4
SUBSECTION (4)(c) OF THIS SECTION, TO MONITOR THE LANDLORD 'S
5
OPERATION AND MAINTENANCE OF THE MULTIFAMILY RESIDENTIAL6
PROPERTY; 7
(II) S
HALL ORDER A FINAL ACCOUNTING AND FINALLY FIX THE FEES8
AND EXPENSES OF THE RECEIVER FOLLOWING A HEARING , AT WHICH TIME9
THE PARTIES MAY APPEAR AND BE HEARD ; AND
10
(III) S
HALL REQUIRE THE RECEIVER TO COMMUNICATE IN A
11
MANNER REASONABLY CALCULATED TO BE AVAILABLE TO THE12
MULTIFAMILY RESIDENTIAL PROPERTY 'S TENANTS, SUCH AS BY13
CONSPICUOUSLY POSTING COMMUNICATIONS ON AND AROUND THE14
PROPERTY OR ON THE PROPERTY 'S ONLINE TENANT PORTAL, THAT THE15
RECEIVERSHIP HAS BEEN TERMINATED AND THE NAME , PHONE NUMBER,16
AND EMAIL ADDRESS OF THE OWNER , MANAGER, OR OTHER ENTITY THAT17
WILL ASSUME THE RESPONSIBILITY OF MAKING THE PROPERTY COMPLIANT18
WITH THIS PART 5, A COUNTY OR CITY AND COUNTY PUBLIC HEALTH CODE ,19
OR A MUNICIPAL ORDINANCE.20
(9) N
OTWITHSTANDING ANYTHING IN THIS SECTION TO THE21
CONTRARY:22
(a) N
OTHING IN THIS SECTION RELIEVES THE LANDLORD
OF THE23
MULTIFAMILY RESIDENTIAL PROPERTY OF ANY CIVIL OR CRIMINAL24
LIABILITY OR ANY DUTY IMPOSED BY REASON OF ACTS OR OMISSIONS OF25
THE LANDLORD, NOR DOES THE DISTRICT COURT 'S APPOINTMENT OF A26
RECEIVER SUSPEND ANY OBLIGATION THE LANDLORD OF THE MULTIFAMILY27
020
-18- RESIDENTIAL PROPERTY OR ANY OTHER PERSON MAY HAVE FOR PAYMENT1
OF TAXES, ANY OPERATING OR MAINTENANCE EXPENSES , OR MORTGAGES2
OR LIENS, OR FOR REPAIR OF THE MULTIFAMILY RESIDENTIAL PROPERTY ;3
(b) A
RECEIVER APPOINTED BY A DISTRICT COURT PURSUANT TO4
THIS SECTION IS LIABLE FOR INJURIES TO PERSONS AND PROPERTY TO THE5
SAME EXTENT AS THE LANDLORD
OF THE MULTIFAMILY RESIDENTIAL6
PROPERTY WOULD HAVE BEEN LIABLE ; EXCEPT THAT, SUCH LIABILITY IS7
LIMITED TO THE ASSETS AND INCOME OF THE RECEIVERSHIP , INCLUDING8
ANY PROCEEDS OF INSURANCE PURCHASED BY THE RECEIVER IN ITS9
CAPACITY AS RECEIVER;10
(c) A
RECEIVER IS NOT PERSONALLY LIABLE FOR ACTIONS OR11
INACTIONS WITHIN THE SCOPE OF THE RECEIVER'S CAPACITY AS RECEIVER;12
(d) O
NLY A SUIT APPROVED BY THE DISTRICT COURT THAT13
APPOINTS THE RECEIVER MAY BE BROUGHT AGAINST THE RECEIVER ;
14
(e) N
OTHING IN THIS SECTION LIMITS THE RIGHT OF TENANTS TO
15
SEEK A REMEDY FOR A VIOLATION OF THIS PART 5, OTHER THAN A16
VIOLATION OF SECTION 28-12-503 (5), INCLUDING A BREACH OF THE17
WARRANTY OF HABITABILITY, THAT OCCURRED BEFORE THE APPOINTMENT18
OF A RECEIVER PURSUANT TO THIS SECTION;19
(f) N
OTHING IN THIS SECTION LIMITS THE POWERS OF ANY HOME
20
RULE MUNICIPALITY TO ENACT ORDINANCES OR OTHERWISE SAFEGUARD21
THE HEALTH, SAFETY, AND WELFARE OF RESIDENTS OF MULTIFAMILY22
RESIDENTIAL PROPERTIES; AND23
(g) NOTHING IN THIS SECTION LIMITS THE RIGHT OF TENANTS TO24
RAISE ANY COUNTERCLAIMS OR DEFENSES IN ANY SUMMARY PROCESS OR25
OTHER ACTION REGARDING POSSESSION BROUGHT BY A RECEIVER .26
SECTION 7. Act subject to petition - effective date. This act27
020
-19- takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly; except2
that, if a referendum petition is filed pursuant to section 1 (3) of article V3
of the state constitution against this act or an item, section, or part of this4
act within such period, then the act, item, section, or part will not take5
effect unless approved by the people at the general election to be held in6
November 2026 and, in such case, will take effect on the date of the7
official declaration of the vote thereon by the governor.8
020
-20-