Amendments for HB23-1120
House Journal, February 15
5 Amend printed bill, page 4, line 8, strike "OR".
6
7 Page 4, line 23, strike "26." and substitute "26; OR".
8
9 Page 4, after line 23 insert:
10
11 "(III) THE COMPLAINANT AND RESIDENTIAL TENANT DID NOT
12 PARTICIPATE IN MANDATORY MEDIATION BECAUSE THE COMPLAINANT IS:
13 (A) A 501(c)(3) NONPROFIT ORGANIZATION THAT OFFERS
14 OPPORTUNITIES FOR MEDIATION TO RESIDENTIAL TENANTS PRIOR TO FILING
15 A RESIDENTIAL EVICTION IN COURT; OR
16 (B) A LANDLORD WITH FIVE OR FEWER SINGLE-FAMILY RENTAL
17 HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS, INCLUDING ANY
18 SINGLE-FAMILY HOMES.".
19
20 Page 4, line 25, strike "PARTY." and substitute "PARTY AND BE PROVIDED
21 AT NO COST TO THE RESIDENTIAL TENANT.".
22
23 Page 5, after line 4 insert:
24
25 "(c) THE OFFICE OF ALTERNATIVE DISPUTE RESOLUTION SHALL
26 SCHEDULE THE MANDATORY MEDIATION AT THE FIRST AVAILABLE DATE,
27 BUT NO LATER THAN FOURTEEN DAYS AFTER THE LANDLORD REQUESTS
28 THE MEDIATION.".
29
30 Reletter succeeding paragraphs accordingly.
31
32 Page 6, line 1, strike "SECTION." and substitute "SECTION; EXCEPT IN THE
33 CASE:
34 (I) IN WHICH A COURT HAS ORDERED A JUDGMENT FOR POSSESSION
35 FOR A SUBSTANTIAL VIOLATION PURSUANT TO SECTION 13-40-107.5; OR
36 (II) OF A LANDLORD WITH FIVE OR FEWER SINGLE FAMILY RENTAL
37 HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS INCLUDING ANY
38 SINGLE FAMILY HOMES.".
39
40 Page 6, strike line 13 and substitute "THE WRIT; EXCEPT IN THE CASE:
41 (I) IN WHICH A COURT HAS ORDERED A JUDGMENT FOR POSSESSION
42 FOR A SUBSTANTIAL VIOLATION PURSUANT TO SECTION 13-40-107.5; OR
43 (II) OF A LANDLORD WITH FIVE OR FEWER SINGLE FAMILY RENTAL
44 HOMES AND NO MORE THAN FIVE TOTAL RENTAL UNITS INCLUDING ANY
45 SINGLE FAMILY HOMES.".
46
47 Page 6, after line 18 insert:
48
106 49 "SECTION 4. In Colorado Revised Statutes, amend 13-40-
50 as follows:
51 13-40-106. Written demand. (1) The demand required by
52 section 13-40-104 shall be made in writing, specifying the grounds of the
53 demandant's right to the possession of such premises, describing the
54 same, and the time when the same shall be delivered up, and shall be
55 signed by the person claiming such possession, his agent, or his attorney.
1 (2) THE DEMAND MUST ALSO INCLUDE A STATEMENT THAT A
2 RESIDENTIAL TENANT WHO RECEIVES SUPPLEMENTAL SECURITY INCOME,
3 SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE II OF THE FEDERAL
4 "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ., AS AMENDED, OR
5 CASH ASSISTANCE THROUGH THE COLORADO WORKS PROGRAM CREATED
6 IN PART 7 OF ARTICLE 2 OF TITLE 26 HAS A RIGHT TO MEDIATION PRIOR TO
7 THE LANDLORD FILING AN EVICTION COMPLAINT WITH THE COURT
8 PURSUANT TO SECTION 13-40-110.
9 SECTION 5. In Colorado Revised Statutes, 24-34-502, add (1.8)
10 as follows:
11 24-34-502. Unfair housing practices prohibited - definitions.
12 (1.8) IT IS NOT A VIOLATION OF THIS SECTION FOR A LANDLORD TO ASK A
13 RESIDENTIAL TENANT WHETHER THE TENANT RECEIVES SUPPLEMENTAL
14 SECURITY INCOME, SOCIAL SECURITY DISABILITY INSURANCE UNDER TITLE
15 II OF THE FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 401 ET SEQ.,
16 AS AMENDED, OR CASH ASSISTANCE THROUGH THE COLORADO WORKS
17 PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26 FOR THE PURPOSES
18 OF COMPLYING WITH SECTION 13-40-110 (1).".
19
20 Renumber succeeding sections accordingly.
21
22 Page 6, line 22, after "(2.5)" insert "(a)".
23
24 Page 6, strike lines 23 through 27 and substitute "STATEMENT THAT
25 SECTION 24-34-502 (1) PROHIBITS SOURCE OF INCOME DISCRIMINATION
26 AND REQUIRES A NON-EXEMPT LANDLORD TO ACCEPT ANY LAWFUL AND
27 VERIFIABLE SOURCE OF MONEY PAID DIRECTLY, INDIRECTLY, OR ON
28 BEHALF OF A PERSON, INCLUDING INCOME DERIVED FROM ANY LAWFUL
29 PROFESSION OR OCCUPATION AND INCOME OR RENTAL PAYMENTS DERIVED
30 FROM ANY GOVERNMENT OR PRIVATE ASSISTANCE, GRANT, OR LOAN
31 PROGRAM.".
32
33 Page 7, strike lines 1 and 2 and substitute:
34
35 "(b) THIS SUBSECTION (2.5) DOES NOT APPLY TO A LANDLORD WITH
36 FIVE OR FEWER SINGLE FAMILY RENTAL HOMES AND NO MORE THAN FIVE
37 TOTAL RENTAL UNITS INCLUDING ANY SINGLE FAMILY HOMES.".
38
39 Page 7, strike line 13 and substitute "TO SECTION 13-40-110 (1); OR
40 (IV) A CLAUSE THAT ALLOWS A LANDLORD TO RECOUP ANY COSTS
41 ASSOCIATED WITH MANDATORY MEDIATION REQUIRED PURSUANT TO
42 SECTION 13-40-110 (1).".
House Journal, April 10
39 Amend printed bill, page 7, after line 15 insert:
40
41 "SECTION 5. Appropriation. For the 2023-24 state fiscal year,
42 $228,546 is appropriated to the judicial department. This appropriation
43 is from the general fund and is based on an assumption that the
44 department will require an additional 0.6 FTE. To implement this act, the
45 department may use this appropriation for general courts administration.".
46
47 Renumber succeeding section accordingly.
48
49 Page 1, line 102, strike "ASSISTANCE." and substitute "ASSISTANCE, AND,
50 IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
House Journal, April 12
27 Amend the Judiciary Committee Report, dated February 14, 2023, page
28 1, line 13, strike "TENANT."." and substitute "TENANT. THE LANDLORD IS
29 ONLY REQUIRED TO PAY FOR THE LANDLORD'S PORTION OF THE
30 MANDATORY MEDIATION.".".
31
32 Page 1 of the report, line 17, after "FOURTEEN" insert "CALENDAR".
33
34 Amendment No. 4, by Representative Soper:
35
36 Amend printed bill, page 3, line 18, after "to" insert "avoid eviction
37 proceedings and".
38
39 As amended, ordered engrossed and placed on the Calendar for Third
40 Reading and Final Passage.
Senate Journal, April 28
After consideration on the merits, the Committee recommends that HB23-1120 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 9, strike lines 18 through 22 and substitute:
"SECTION 7. Appropriation. (1) For the 2023-24 state fiscal year,
$328,026 is appropriated to the judicial department for use by courts
administration. This appropriation is from the general fund. To implement this
act, the department may use this appropriation as follows:
(a) $246,076 for general courts administration, which amount is based
on an assumption that the department will require an additional 0.6 FTE;
(b) $75,000 for information technology infrastructure; and
(c) $6,950 for capital outlay.".
Appro-
priations