Amendments for HB23-1171
House Journal, March 2
17 HB23-1171 be amended as follows, and as so amended, be referred to
18 the Committee of the Whole with favorable
19 recommendation:
20
21 Amend printed bill, page 2, line 4, strike "purpose" and substitute
22 "purposes".
23
24 Page 2, line 5, strike "health." and substitute "health and should be
25 construed broadly to achieve these purposes.".
26
27 Page 3, after line 6 insert:
28 "(2) "DWELLING UNIT" HAS THE MEANING SET FORTH IN SECTION
29 38-12-502 (3).".
30
31 Renumber succeeding subsections accordingly.
32
33 Page 3, after line 17 insert:
34 "(7) "PROPER SERVICE" MEANS:
35 (a) PERSONAL DELIVERY OF A WRITTEN NOTICE, AS DESCRIBED IN
36 SECTION 38-12-1303 (3), TO EVERY TENANT AT LEAST EIGHTEEN YEARS OF
37 AGE WHO LAWFULLY OCCUPIES A RESIDENTIAL PREMISES; OR
38 (b) POSTING A WRITTEN NOTICE IN A LOCATION THAT IS
39 CONSPICUOUS TO A TENANT AND MAILING THE WRITTEN NOTICE TO THE
40 TENANT BY FIRST-CLASS MAIL AFTER FIRST ATTEMPTING PERSONAL
41 SERVICE OF THE WRITTEN NOTICE, WHICH ATTEMPT IS MADE BY A
42 LANDLORD OR BY A LANDLORD'S PROCESS SERVER AT LEAST ONCE ON
43 EACH OF TWO SEPARATE DAYS.".
44
45 Renumber succeeding subsections accordingly.
46
47 Page 3, after line 23 insert:
48 "(11) "SHORT-TERM RENTAL PROPERTY" MEANS A BUILDING OR A
49 PORTION OF A BUILDING THAT IS DESIGNED AS A PLACE OF RESIDENCE AND
50 LEASED FOR LESS THAN THIRTY CONSECUTIVE DAYS IN EXCHANGE FOR
51 REMUNERATION.".
52
53 Renumber succeeding subsections accordingly.
54
55
1 Page 4, strike lines 18 and 19 and substitute:
2 "38-12-1302. Applicability. (1) THIS PART 13 APPLIES TO EVERY
3 RESIDENTIAL PREMISES IN THE STATE; EXCEPT THAT, THIS PART 13 DOES
4 NOT APPLY TO:
5 (a) A SHORT-TERM RENTAL PROPERTY; OR
6 (b) A DWELLING UNIT OR OTHER PORTION OF A RESIDENTIAL
7 PREMISES IF:
8 (I) THE OWNER LIVES IN AND MAINTAINS THE RESIDENTIAL
9 PREMISES AS THE OWNER'S PRIMARY RESIDENCE; AND
10 (II) THE RESIDENTIAL PREMISES IS NOT A MULTIFAMILY
11 PROPERTY.".
12
13 Page 4, strike lines 26 and 27.
14
15 Page 5, strike lines 1 through 21 and substitute:
104 16 "CAUSE" EXISTS ONLY WHEN THE CONDITIONS IN SECTION 13-40-
17 (1)(d), (1)(d.5), (1)(e), (1)(e.5), (1)(e.7), (1)(g), (1)(h), OR (1)(i) EXIST.
18 (3) EXCEPT AS DESCRIBED IN SUBSECTION (4) OF THIS SECTION, THE
19 FOLLOWING CONDITIONS CONSTITUTE GROUNDS FOR A".
20
21 Page 5, line 24, strike "PREMISES OR" and substitute "PREMISES,".
22
23 Page 5, line 25, after "USE," insert "OR CONVERT IT TO A SHORT-TERM
24 RENTAL PROPERTY,".
25
26 Page 6, line 4, after "TENANT" insert "PROPER SERVICE OF A".
27
28 Page 6, line 22, after "TENANT" insert "PROPER SERVICE OF A".
29
30 Page 7, strike line 16 and substitute:
31
32 "BASIS OF THE NO-FAULT EVICTION ARE:
33 (A) REQUIRED IN ORDER FOR THE LANDLORD TO SATISFY THE
34 REQUIREMENTS DESCRIBED IN SECTION 38-12-50 3 CONCERNING A BREACH
35 OF THE WARRANTY OF HABITABILITY; OR
36 "(B) INITIATED BY THE LANDLORD IN".
37
38 Page 8, line 4, after "TENANT" insert "PROPER SERVICE OF A".
39
40 Page 8, after line 18 insert:
41 "(4) (a) A LANDLORD MAY PROCEED WITH A NO-FAULT EVICTION
42 OF A TENANT ONLY IF THE LANDLORD PROVIDES PROPER SERVICE OF THE
43 WRITTEN NOTICE OF THE NO-FAULT EVICTION AND THE TENANT FAILS TO
44 VACATE ON OR BEFORE THE DEADLINE STATED IN THE NOTICE.
45 (b) A WRITTEN NOTICE PROVIDED PURSUANT TO SUBSECTION (3)
46 OF THIS SECTION MUST INCLUDE A STATEMENT OF THE LEGAL BASIS FOR
47 THE LANDLORD'S NO-FAULT EVICTION OF THE TENANT, WHICH LEGAL BASIS
48 MUST BE SET FORTH IN SUBSECTION (3)(a), (3)(b), OR (3)(c) OF THIS
49 SECTION.".
50
51 Page 9, after line 17 insert:
52 "SECTION 3. In Colorado Revised Statutes, 13-40-104, amend
53 (1)(c) and (1)(e); and add (1)(e.7) as follows:
54 13-40-104. Unlawful detention defined. (1) Any person is guilty
55 of an unlawful detention of real property in the following cases:
1 (c) When any lessee or tenant at will, or by sufferance, or for any
2 part of a year, or for one or more years, of any NONRESIDENTIAL real
3 property, including a specific or undivided portion of a building, or
4 dwelling, holds over and continues in possession of the demised premises
5 NONRESIDENTIAL REAL PROPERTY, or any portion thereof, after the
6 expiration of the term for which the same were NONRESIDENTIAL REAL
7 PROPERTY WAS leased, or after such THE tenancy, at will or sufferance,
8 has been terminated by either party;
9 (e) (I) EXCEPT AS DESCRIBED IN SUBSECTION (1)(e)(II) OF THIS
10 SECTION, when:
11 (A) such A tenant or lessee holds over, without such permission,
12 contrary to any other MATERIAL condition or covenant of the agreement
13 under which such THE tenant or lessee holds; OR A TENANT DENIES THE
14 LANDLORD ENTRY TO A RESIDENTIAL PREMISES AFTER THE LANDLORD
15 PROVIDES THE TENANT WRITTEN NOTICE OF THE ENTRY IN ENGLISH AND
16 SPANISH AT LEAST SEVENTY-TWO HOURS BEFORE ATTEMPTING THE ENTRY,
17 UNLESS THE RENTAL AGREEMENT SPECIFIES A GREATER TIME PERIOD; and
18 (B) Ten days' notice in writing has been duly served upon such
19 THE tenant or lessee requiring in the alternative the EITHER compliance
20 with such MATERIAL condition or covenant or the delivery of the
21 possession of the premises. so held;
22 (II) except that, For a nonresidential RENTAL agreement or an
23 employer-provided housing agreement, three days' ADVANCE notice is
24 required, pursuant to this section, and for an exempt residential
25 agreement, five days' ADVANCE notice is required. pursuant to this
26 section.
27 (e.7) WHEN:
28 (I) A TENANT OR LESSEE HOLDS OVER UPON THE EXPIRATION OF A
29 RESIDENTIAL RENTAL AGREEMENT AFTER REFUSING TO SIGN A NEW
30 RESIDENTIAL RENTAL AGREEMENT WITH TERMS THAT ARE SUBSTANTIALLY
31 IDENTICAL TO THE TENANT'S CURRENT RESIDENTIAL RENTAL AGREEMENT,
32 INCLUDING TERMS ESTABLISHING RENT IN THE SAME AMOUNT OR IN A
33 REASONABLY INCREASED AMOUNT; AND
34 (II) THE LANDLORD HAS PROVIDED THE TENANT OR LESSEE TEN
35 DAYS' ADVANCE WRITTEN NOTICE IN ENGLISH AND SPANISH, WHICH
36 NOTICE REQUIRES THE TENANT TO EITHER SIGN THE NEW RESIDENTIAL
37 RENTAL AGREEMENT OR DELIVER POSSESSION OF THE PREMISES TO THE
38 LANDLORD; EXCEPT THAT, FOR AN EMPLOYER-PROVIDED HOUSING
39 AGREEMENT, THREE DAYS' ADVANCE NOTICE IS REQUIRED, AND FOR AN
40 EXEMPT RESIDENTIAL AGREEMENT, FIVE DAYS' ADVANCE NOTICE IS
41 REQUIRED.".
42
43 Renumber succeeding sections accordingly.
44
45 Page 9, strike lines 18 through 27.
46
47 Page 10, strike lines 1 through 14 and substitute:
48
107 49 "SECTION 4. In Colorado Revised Statutes, amend 13-40-
50 as follows:
51 13-40-107. Notice to quit. (1) A TENANT MAY TERMINATE A
52 tenancy may be terminated by SERVING WRITTEN notice in writing served
53 not less than the respective period fixed before the end TO THE LANDLORD
54 AS FOLLOWS, BASED ON THE LENGTH of the applicable tenancy: as follows:
55
1 (a) A tenancy for one year or longer, ninety-one days;
2 (b) A tenancy of six months or longer but less than a year,
3 twenty-eight days;
4 (c) A tenancy of one month or longer but less than six months,
5 twenty-one days;
6 (d) A tenancy of one week or longer but less than one month, or
7 a tenancy at will, three days;
8 (e) A tenancy for less than one week, one day.
9 (2) Such THE notice shall DESCRIBED IN SUBSECTION (1) OF THIS
10 SECTION MUST:
11 (a) Describe the property and the particular time when the tenancy
12 will terminate; and
13 (b) shall Be signed by the landlord or tenant the party giving such
14 notice or his OR THE TENANT'S agent or attorney.
15 (3) Any person in possession of real property with the assent of
16 the owner is presumed to be a tenant at will until the contrary is shown.
17 (4) No notice to quit shall be necessary from or to a tenant whose
18 term is, by agreement, to end at a time certain.
19 (5) Except as otherwise provided in section 38-33-112, C.R.S., the
20 provisions of subsections (1) and (4) of this section shall not apply to the
21 termination of a residential tenancy during the ninety-day period provided
22 for in said section.".
House Journal, March 13
7 Amend the Transportation, Housing, and Local Government Committee
8 Report, dated March 1, 2023, page 1, after line 8, insert:
9
10 "Page 3 of the printed bill, after line 14 insert:
11
12 "(6) "MISSION-DRIVEN ORGANIZATION" MEANS AN ORGANIZATION
13 IN GOOD STANDING WITH THE SECRETARY OF STATE THAT IS:
14 (a) A PUBLIC HOUSING AUTHORITY CREATED UNDER SECTION
15 29-1-204.5 OR PART 2 OR PART 5 OF ARTICLE 4 OF TITLE 29; OR
16 (b) EXEMPT FROM TAXATION PURSUANT TO SECTION 501 (a) OF
17 THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED, AND
18 LISTED AS AN EXEMPT ORGANIZATION IN SECTION 501 (c)(3) OF THE
19 FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED.".
20
21 Renumber succeeding subsections accordingly.".
22
23 Page 1 of the report, line 10, strike ""(7)" and substitute ""(8)".
24
25 Page 1 of the report, line 22, strike ""(11)" and substitute ""(12)".
26
27 Page 2 of the report, line 19, strike "EXIST." and substitute "OR WHEN
28 CONDITIONS EXIST FOR A NO-FAULT EVICTION, AS DESCRIBED IN
29 SUBSECTION (3) OF THIS SECTION.".
30
31 Page 2 of the report, after line 24, insert:
32
33 "Page 6, line 2, strike "ONE HUNDRED TWENTY" and substitute "NINETY".".
34
35 Page 2 of the report, after line 25, insert:
36
37 "Page 6 of the bill, lines 7 and 8, strike "ONE HUNDRED TWENTY" and
38 substitute "NINETY".
39
40 Page 6 of the bill, line 20, strike "ONE HUNDRED TWENTY" and substitute
41 "NINETY".".
42
43 Page 2 of the report, after line 26, insert:
44
45 "Page 6 of the bill, line 25, strike "ONE HUNDRED TWENTY" and substitute
46 "NINETY".
47
48 Page 7 of the bill, line 2, after the semicolon add "AND".
49
50 Page 7 of the bill, strike lines 3 and 4.
51
52 Reletter succeeding sub-subparagraph accordingly.".
53
54 Page 3 of the report, strike lines 2 and 3 and substitute:
55
1 "Page 8 of the bill, line 13, strike "PREMISES;" and substitute "PREMISES.".
2
3 Page 8 of the bill, strike lines 14 through 18 and substitute:
4
5 "(d) Time-limited housing. WHEN A MISSION-DRIVEN
6 ORGANIZATION'S FUNDING OR AUTHORITY TO OPERATE TIME-LIMITED
7 HOUSING, INCLUDING THE TEMPORARY OPERATION OF HOTELS AND
8 MOTELS, IS TERMINATED, THE MISSION-DRIVEN ORGANIZATION MAY
9 PROCEED WITH A NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL
10 PREMISES IF:
11 (I) THE MISSION-DRIVEN ORGANIZATION ALLOWS THE TENANT A
12 REASONABLE AMOUNT OF TIME TO VACATE THE RESIDENTIAL PREMISES;
13 (II) THE MISSION-DRIVEN ORGANIZATION PROVIDES THE TENANT
14 PROPER SERVICE OF A WRITTEN NOTICE OF THE NO-FAULT EVICTION IN
15 ENGLISH AND SPANISH WITH THE FOLLOWING INFORMATION:
16 (A) THE DATE BY WHICH THE TENANT MUST VACATE THE
17 PREMISES;
18 (B) THE REASON FOR THE NO-FAULT EVICTION AND AN
19 EXPLANATION THAT THE FUNDING OR AUTHORITY IS BEING TERMINATED
20 FOR THE MISSION-DRIVEN ORGANIZATION; AND
21 (C) ALTERNATIVE HOUSING OPTIONS AND OTHER AVAILABLE
22 RESOURCES FOR TENANTS.
23 (4) (a) A LANDLORD MAY PROCEED WITH A NO-FAULT EVICTION".".
24
25 Page 3 of the report, line 10, strike "(3)(b), OR (3)(c)" and substitute
26 "(3)(b), (3)(c), OR (3)(d)".
27
28 Page 3 of the report, after line 11 insert:
29
30 "Page 8 of the bill, strike line 20 and substitute:
31
32 "landlords - exemption. (1) EXCEPT AS DESCRIBED IN SUBSECTION (3) OF
33 THIS SECTION, A LANDLORD THAT PROCEEDS WITH A NO-FAULT EVICTION".
34
35 Page 9 of the bill, after line 9 insert:
36
37 "(3) THIS SECTION DOES NOT APPLY:
38 (a) IF THE RENTAL AGREEMENT CONCERNS THE OCCUPANCY OF A
39 RESIDENTIAL PREMISES THAT IS NOT THE TENANT'S PRIMARY RESIDENCE,
40 WHICH IS THE ADDRESS LISTED WHEN A VALID NO-FAULT EVICTION IS
41 EXERCISED BY THE LANDLORD PURSUANT TO SECTION 38-12-1303 (3):
42 (I) ON THE TENANT'S COLORADO DRIVER'S LICENSE OR
43 IDENTIFICATION CARD;
44 (II) ON THE TENANT'S VOTER REGISTRATION;
45 (III) FOR PURPOSES OF THE TENANT'S PAYMENT OF STATE AND
46 FEDERAL TAXES; OR
47 (IV) FOR THE PURPOSE OF PUBLIC SCHOOL REGISTRATION.
48 (b) TO A HOME OWNER, AS DEFINED IN SECTION 38-12-201.5 (2);
49 (c) IF:
50 (I) THE LANDLORD IS A MISSION-DRIVEN ORGANIZATION THAT:
51 (A) IS SUBJECT TO THE FEDERAL "UNIFORM RELOCATION
52 ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970",
53 42 U.S.C. 4601 ET SEQ., AS AMENDED; AND
54
1 (B) RECEIVES FUNDING FROM THE UNITED STATES DEPARTMENT
2 OF HOUSING AND URBAN DEVELOPMENT OR THE UNITED STATES
3 DEPARTMENT OF AGRICULTURE; AND
4 (II) THE TOTAL FEDERAL RELOCATION ASSISTANCE BENEFITS
5 RECEIVED BY THE LANDLORD FROM FEDERAL PROGRAMS AND FEDERAL
6 FUNDING FOR RELOCATION ARE MORE BENEFICIAL TO THE TENANT THAN
7 THE RELOCATION ASSISTANCE PROVIDED BY THIS SECTION.
8 (d) IF THE LANDLORD IS A MISSION-DRIVEN ORGANIZATION THAT
9 EXERCISES A NO-FAULT EVICTION UNDER 38-12-1303 (3)(d);
10 (e) IF THE LANDLORD CAN DEMONSTRATE AND ATTEST THAT THE
11 ACTUAL MONTHLY AMOUNT OF RENTAL REVENUE RECEIVED IS LESS THAN
12 SIX THOUSAND FIVE HUNDRED DOLLARS PER MONTH AFTER PAYMENT OF
13 ANY REQUIRED HOA FEES AND MONTHLY MORTGAGE AND ESCROW
14 PAYMENTS DUE FOR A MORTGAGE THAT WAS SECURED BY THE LANDLORD
15 FOR THE ORIGINAL PURCHASE OF THAT PROPERTY; OR
16 (f) THE LANDLORD CAN PROVIDE SUBSTANTIALLY SIMILAR
17 HOUSING AND AMENITIES TO THE TENANT FOR A SIMILAR AMOUNT OF TIME
18 AND THE TENANT AGREES TO THIS ARRANGEMENT IN LIEU OF REQUIRED
19 RELOCATION ASSISTANCE.".".
20
21 Page 3 of the report, line 13, strike ""SECTION" and substitute:
22
23 ""38-12-1307. Affirmative defense. A LANDLORD'S FAILURE TO
24 COMPLY WITH THIS PART 13 IS AN AFFIRMATIVE DEFENSE FOR A TENANT TO
25 AN EVICTION PROCEEDING.
26 SECTION".
27
28 Page 3 of the report, line 14, strike "(1)(e.7)" and substitute "(1)(e.7) and
29 (1)(e.8)".
30
31 Page 3 of the report, line 30, after "PREMISES" insert "FOR A REASONABLE
32 BUSINESS PURPOSE, TIME, AND FREQUENCY".
33
34 Page 4 of the report, strike lines 4 and 5 and substitute "RESIDENTIAL
35 RENTAL AGREEMENT IF:
36 (A) THE LANDLORD HAS PROVIDED A COPY OF THE NEW
37 RESIDENTIAL RENTAL AGREEMENT, WHICH THE LANDLORD MUST NOT
38 CHANGE DURING THE SIXTY-DAY NOTICE PERIOD, TO THE TENANT AT
39 LEAST SIXTY DAYS BEFORE THE EXPIRATION OF THE CURRENT RESIDENTIAL
40 RENTAL AGREEMENT;
41 (B) THE RENT DOES NOT CHANGE BASED ON WHEN THE TENANT
42 ACCEPTS THE RESIDENTIAL RENTAL AGREEMENT; AND
43 (C) THE TERMS ARE SUBSTANTIALLY".
44
45 Page 4 of the report, line 8, strike "AMOUNT; AND" and substitute
46 "AMOUNT; EXCEPT THAT THIS SECTION DOES NOT APPLY TO A HOME
47 OWNER, AS DEFINED IN SECTION 38-12-201.5 (2); AND".
48
49 Page 4 of the report, strike line 16 and substitute "REQUIRED;
50 (e.8) WHEN:
51 (I) THE LANDLORD HAS PROVIDED THE TENANT OR LESSEE NINETY
52 DAYS' ADVANCE WRITTEN NOTICE, IN ENGLISH AND SPANISH, THAT
53 REQUIRES THE TENANT TO DELIVER POSSESSION OF THE PREMISES TO THE
54 LANDLORD UPON THE EXPIRATION OR AFTER THE EXPIRATION OF THE
55 RESIDENTIAL RENTAL AGREEMENT IF THE NOTICE STATES THAT THE
1 LANDLORD PLANS TO RECOVER POSSESSION OF THE PREMISES FOR THE
2 LANDLORD'S USE AND OCCUPANCY AS A PRINCIPAL RESIDENCE OR FOR THE
3 USE AND OCCUPANCY AS A PRINCIPAL RESIDENCE BY THE LANDLORD'S
4 SPOUSE, DOMESTIC PARTNER, CHILD, PARENT, OR GRANDPARENT; OR
5 (II) THE LANDLORD HAS PROVIDED THE TENANT OR LESSEE NINETY
6 DAYS' ADVANCE WRITTEN NOTICE, IN ENGLISH AND SPANISH, THAT
7 REQUIRES THE TENANT TO DELIVER POSSESSION OF THE PREMISES TO THE
8 LANDLORD UPON THE EXPIRATION OR AFTER THE EXPIRATION OF THE
9 RESIDENTIAL RENTAL AGREEMENT IF NOTICE STATES THAT THE LANDLORD
10 INTENDS TO CONVERT THE PROPERTY TO A NONRESIDENTIAL USE, OR
11 CONVERT IT TO A SHORT-TERM RENTAL PROPERTY AS DEFINED IN SECTION
12 38-12-1301 (12) OR CONDUCT SUBSTANTIAL REPAIRS AS DESCRIBED IN
13 38-12-1301 (13)(a).".".
14
15 Page 5 of the report, after line 8, insert:
16
17 "Renumber succeeding sections accordingly.
18
19 Page 11 of the bill, after line 4 insert:
20
21 "SECTION 7. In Colorado Revised Statutes, 38-12-222, amend
22 (3) as follows:
23 38-12-222. Residents' right to privacy. (3) Except when posting
24 notices that are required by law or by a rental agreement, the management
25 shall make a reasonable effort to notify a resident of the management's
26 intention to enter the mobile home space at least forty-eight
27 SEVENTY-TWO hours before entry. The notification must include the date
28 and approximate time of the planned entry and must be delivered in a
29 manner that is reasonably likely to be seen or heard by the resident in a
30 timely manner.".
31
32 Renumber succeeding sections accordingly.".
33
34 Amendment No 3, by Representative Gonzales-Gutierrez:
35
36 Amend the Mabrey floor amendment (HB1171_L.016), page 1, strike line
37 3 and substitute:
38 ""Page 3 of the printed bill, strike lines 10 and 11 and substitute
39 "38-12-502 (5); EXCEPT THAT "LANDLORD" DOES NOT INCLUDE THE
40 MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK, AS DEFINED IN
41 SECTION 38-12-201.5 (3), UNLESS:
42 (a) THE MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK IS
43 RENTING BOTH A MOBILE HOME SPACE, AS DEFINED IN SECTION
44 38-12-201.5 (7), AND A MOBILE HOME, AS DEFINED IN SECTION
45 38-12-201.5 (5), TO A MOBILE HOME PARK RESIDENT, AS DEFINED IN
46 SECTION 38-12-201.5 (11); AND
47 (b) THE MOBILE HOME PARK RESIDENT IS NOT RESIDING UNDER A
48 LEASE-TO-OWN AGREEMENT.".
49
50 Page 3 of the bill, after line 14 insert:".
51
52 Page 1 of the amendment, after line 14 insert:
53 "Page 2 of the report, strike lines 5 and 6 and substitute:
54
502 1 "Page 4 of the bill, strike lines 17 through 19 and substitute "38-12-
2 (9); EXCEPT THAT "TENANT" DOES NOT INCLUDE A HOME OWNER, AS
3 DEFINED IN SECTION 38-12-201.5 (2).
4 38-12-1302. Applicability. (1) THIS PART 13 APPLIES TO
5 EVERY".".
6
7 Page 2 of the report, line 9, strike "OR".
8
9 Page 2 of the report, strike line 15 and substitute "PROPERTY; OR
5 10 (c) A MOBILE HOME SPACE, AS DEFINED IN SECTION 38-12-201.
11 (7), THAT IS LEASED TO A HOME OWNER, AS DEFINED IN SECTION
12 38-12-201.5 (2), OR TO OTHER TENANTS OCCUPYING THE MOBILE HOME
13 SPACE PURSUANT TO A LEASE-TO-OWN AGREEMENT, PURCHASE OPTION, OR
14 SIMILAR AGREEMENT.".".
15
16 Page 3 of the amendment, line 22, strike "LANDLORD" and substitute
17 "TENANT".
18
19 Page 4 of the amendment, strike lines 15 through 17.
20
21 Amendment No. 4, by Representative Snyder:
22
23 Amend the Mabrey floor amendment (HB1171_L.016), page 2, after line
24 24 insert:
25 "(e) Withdrawal from rental market for the purpose of selling
26 the residential premises. (I) WHEN A LANDLORD PLANS TO SELL A
27 RESIDENTIAL PREMISES THAT IS A SINGLE-FAMILY HOME, A TOWNHOME, OR
28 AN INDIVIDUAL CONDOMINIUM UNIT, THE LANDLORD MAY PROCEED WITH
29 A NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE
30 END OF THE TERM OF THE RENTAL AGREEMENT ONLY IF THE LANDLORD:
31 (A) NOTIFIES THE TENANT OF THE LANDLORD'S INTENT TO
32 WITHDRAW THE RESIDENTIAL PREMISES FROM THE RENTAL MARKET AND
33 SELL THE RESIDENTIAL PREMISES, WHICH NOTICE IS PROVIDED AT LEAST
34 NINETY DAYS BEFORE THE END OF THE TERM OF THE RENTAL AGREEMENT
35 OR NINETY DAYS BEFORE THE DATE ON WHICH THE TENANT WILL BE
36 REQUIRED TO VACATE, WHICHEVER IS LATER;
37 (B) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
38 OF THE NO-FAULT EVICTION IN ENGLISH AND SPANISH. THE WRITTEN
39 NOTICE MUST INCLUDE THE DATE THE RENTAL AGREEMENT ENDS, WHICH
40 DATE MUST BE AT LEAST NINETY DAYS AFTER THE DATE UPON WHICH THE
41 LANDLORD PROVIDES THE WRITTEN NOTICE TO THE TENANT.
42 (C) DOES NOT LIST THE RESIDENTIAL PREMISES FOR RENT FOR AT
43 LEAST SEVENTY-FIVE DAYS AFTER THE END OF THE RENTAL AGREEMENT
44 OR FOR AT LEAST SEVENTY-FIVE DAYS AFTER THE DATE ON WHICH THE
45 TENANT WILL BE REQUIRED TO VACATE, WHICHEVER IS LATER.
46 (II) NOTHING IN THIS SUBSECTION (3)(e) MAY BE CONSTRUED TO
47 ALLOW A LANDLORD TO PROCEED WITH A NO-FAULT EVICTION OR
48 OTHERWISE TERMINATE A RENTAL AGREEMENT BEFORE THE END OF THE
49 TERM OF THE RENTAL AGREEMENT.".
50
51 Page 2 of the amendment, strike line 27 and substitute ""(3)(b), (3)(c),
52 (3)(d), OR (3)(e)".".
53
54 Page 3 of the amendment, line 32, strike "OR".
55
1 Page 3 of the amendment, line 33, strike "THE" and substitute "IF THE".
2
3 Page 3 of the amendment, strike line 36 and substitute "RELOCATION
4 ASSISTANCE; OR
5 (g) TO A LANDLORD WHO WITHDRAWS A RESIDENTIAL PREMISES
6 FROM THE RENTAL MARKET FOR THE PURPOSE OF SELLING THE
7 RESIDENTIAL PREMISES AND WHO PROVIDES PROPER NOTICE TO THE
8 TENANT AS DESCRIBED IN SECTION 38-12-1303 (3)(e).".".".
9
10 As amended, ordered engrossed and placed on the Calendar for Third
11 Reading and Final Passage.
House Journal, March 15
39 Amend engrossed bill, strike "ENGLISH AND SPANISH" and substitute
40 "ENGLISH AND IN EITHER THE SECOND MOST COMMON LANGUAGE IN THE
41 CENSUS TRACT OF THE RESIDENTIAL PREMISES OR IN ANY OTHER
42 LANGUAGE THE LANDLORD KNOWS OR HAS REASON TO KNOW IS THE
43 PRIMARY LANGUAGE OF THE TENANT" on: Page 7, lines 8 and 26; Page 9,
44 line 10; Page 10, line 24; Page 14, lines 26 and 27; Page 15, line 26; and
45 Page 16, lines 8 and 17.
46
47 Page 8, line 20, strike "38-12-50 3" and substitute "38-12-503".
48
49 Page 10, line 3, strike "ENGLISH AND SPANISH" and substitute "ENGLISH
50 AND IN EITHER THE SECOND MOST COMMON LANGUAGE IN THE CENSUS
51 TRACT OF THE RESIDENTIAL PREMISES OR IN ANY OTHER LANGUAGE THE
52 LANDLORD KNOWS OR HAS REASON TO KNOW IS THE PRIMARY LANGUAGE
53 OF THE TENANT".