Amendments for HB23-1254
House Journal, April 12
15 Amend printed bill, strike everything below the enacting clause and
16 substitute:
17
18 "SECTION 1. Legislative declaration. (1) The general
19 assembly finds and declares that:
20 (a) Colorado has experienced record-breaking wildfires in recent
21 years, including the Marshall fire, which burned over 6,000 acres and
22 nearly 1,100 homes in a highly urbanized area, resulting in more than
23 $500 million in damages;
24 (b) After the Marshall fire, many renters struggled to secure safe,
25 habitable housing due to significant damage from smoke, ash, and other
26 air contaminants;
27 (c) It is typical for nearby residents to have concerns about the
28 habitability of their residential premises after being subjected to an
29 environmental public health event;
30 (d) After an environmental public health event, residential
31 premises must be returned to a condition that protects the health and
32 safety of residents from environmental contaminants, such as smoke, ash,
33 and other toxic materials related to an environmental public health event;
34 and
35 (e) There is a need to promote the remediation of residential
36 premises so that landlords, tenants, and insurance companies understand
37 what remediation must be done and who is responsible for the
38 remediation to make the premises habitable after an environmental public
39 health event.
40 (2) Therefore, the general assembly declares that it is in the best
41 interest of Colorado residents to protect the health and safety of residents
42 by ensuring that their homes are returned to a healthy, habitable, and safe
43 condition after incurring damage due to an environmental public health
44 event.
45 SECTION 2. In Colorado Revised Statutes, 38-12-502, add (4.5)
46 and (10) as follows:
47 38-12-502. Definitions. As used in this part 5 and part 8 of this
48 article 12, unless the context otherwise requires:
49 (4.5) "ENVIRONMENTAL PUBLIC HEALTH EVENT" MEANS A
50 NATURAL DISASTER OR AN ENVIRONMENTAL EVENT, SUCH AS A WILDFIRE,
51 A FLOOD, OR A RELEASE OF TOXIC CONTAMINANTS, THAT COULD CREATE
52 NEGATIVE HEALTH AND SAFETY IMPACTS FOR TENANTS THAT LIVE IN
53 NEARBY RESIDENTIAL PREMISES.
54
1 (10) "VULNERABLE POPULATION" MEANS CHILDREN, INDIVIDUALS
2 WITH ASTHMA, INDIVIDUALS WITH DISABILITIES, INDIVIDUALS WHO ARE
3 PREGNANT, OR ANY OTHER GROUP OF INDIVIDUALS THAT HAS HEALTH
4 CONDITIONS THAT COULD MAKE THE INDIVIDUALS MORE SUSCEPTIBLE TO
5 ENVIRONMENTAL CONTAMINANTS.
6 SECTION 3. In Colorado Revised Statutes, 38-12-503, amend
7 (2)(a), (2.3), (2.5), and (4)(a) introductory portion; and add (2.7) as
8 follows:
9 38-12-503. Warranty of habitability - notice - landlord
10 obligations. (2) Except as described in subsection (2.2) of this section,
11 a landlord breaches the warranty of habitability set forth in subsection (1)
12 of this section if:
13 (a) A residential premises is:
14 (I) Uninhabitable as described in section 38-12-505 or otherwise
15 unfit for human habitation; or
16 (II) In a condition that materially interferes with the tenant's life,
17 health, or safety; and OR
18 (III) NOT IN COMPLIANCE WITH THE STANDARDS DESCRIBED IN
19 SECTION 38-12-505 (1)(b)(XIII) FOR THE REMEDIATION AND CLEAN UP OF
20 A RESIDENTIAL PREMISES THAT HAS BEEN DAMAGED DUE TO AN
21 ENVIRONMENTAL PUBLIC HEALTH EVENT; AND
22 (2.3) A tenant who gives a landlord WRITTEN OR electronic notice
23 of a condition shall send such THE notice only to the e-mail address,
24 phone number, or electronic portal specified by the landlord in the rental
25 agreement for communications. In the absence of such a provision in the
26 rental agreement, the tenant shall communicate with the landlord in a
27 manner that the landlord has previously used TYPICALLY USES to
28 communicate with the tenant. The tenant shall retain sufficient proof of
29 delivery of the electronic notice.
30 (2.5) A landlord who THAT receives from a tenant written or
31 electronic notice of a condition described by subsection (2)(a) of this
32 section shall:
33 (a) Respond to the tenant not more than twenty-four hours after
34 receiving the notice. The response must indicate the landlord's intentions
35 for remedying the condition, including an estimate of when the
36 remediation will commence and when it will be completed.
37 (b) INFORM THE TENANT OF THE LANDLORD'S RESPONSIBILITIES
38 UNDER SUBSECTION (4)(a) OF THIS SECTION IF THE REPORTED CONDITION
39 CONCERNS A CONDITION DESCRIBED IN SUBSECTION (2)(a)(II) OR
40 (2)(a)(III) OF THIS SECTION.
41 (2.7) (a) A LANDLORD THAT RECEIVES NOTICE FROM A TENANT OF
42 ANY HABITABILITY ISSUES, AS DESCRIBED IN SECTION 38-12-505 (1), WITH
43 THE TENANT'S PREMISES IS RESPONSIBLE FOR REMEDIATION OF THE
44 RESIDENTIAL PREMISES TO A HABITABLE STANDARD AT THE LANDLORD'S
45 EXPENSE.
46 (b) A LANDLORD THAT RECEIVES NOTICE FROM A TENANT OF A
47 HABITABILITY ISSUE REGARDING A RESIDENTIAL PREMISES THAT HAS BEEN
48 DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT SHALL
505 49 COMPLY WITH THE STANDARDS DESCRIBED IN SECTION 38-12-
50 (1)(b)(XIII) WITHIN A REASONABLE AMOUNT OF TIME GIVEN THE
51 CONDITION OF THE PREMISES AND AT THE LANDLORD'S EXPENSE.
52 (c) A LANDLORD THAT HAS REMEDIATED A RESIDENTIAL PREMISES
53 TO A HABITABLE STANDARD FOLLOWING AN ENVIRONMENTAL PUBLIC
54 HEALTH EVENT MUST PROVIDE THE TENANT WITH DOCUMENTATION THAT
55 DEMONSTRATES COMPLIANCE WITH THE STANDARDS DESCRIBED IN
56 SECTION 38-12-505 (1)(b)(XIII).
1 (d) A LANDLORD'S SUBMISSION OF AN INSURANCE CLAIM FOR AN
2 UNINHABITABLE OR A CONTAMINATED RESIDENTIAL PREMISES AFTER THE
3 LANDLORD RECEIVES NOTICE FROM THE TENANT OF HABITABILITY ISSUES
4 AT THE RESIDENTIAL PREMISES IS NOT CONSIDERED EVIDENCE OF
5 REMEDIATION.
6 (4) (a) If the notice sent pursuant to subsection (2)(b) of this
7 section concerns a condition that is described by subsection (2)(a)(II) OR
8 (2)(a)(III) of this section, the landlord, at the request of the tenant, shall
9 provide the tenant:
10 SECTION 4. In Colorado Revised Statutes, 38-12-505, amend
11 (1)(b)(XI), (1)(b)(XII), and (3); and add (1)(b)(XIII) as follows:
12 38-12-505. Uninhabitable residential premises - habitability
13 procedures - rules. (1) A residential premises is deemed uninhabitable
14 if:
15 (b) It substantially lacks any of the following characteristics:
16 (XI) Locks on all exterior doors and locks or security devices on
17 windows designed to be opened that are maintained in good working
18 order; or
19 (XII) Compliance with all applicable building, housing, and health
20 codes, the violation of which would constitute a condition that materially
21 interferes with the life, health, or safety of the tenant; OR
22 (XIII) COMPLIANCE WITH APPLICABLE STANDARDS FROM THE
23 AMERICAN NATIONAL STANDARDS INSTITUTE, OR ITS SUCCESSOR
24 ORGANIZATION, FOR THE REMEDIATION AND CLEAN UP OF A RESIDENTIAL
25 PREMISES FOLLOWING AN ENVIRONMENTAL PUBLIC HEALTH EVENT.
26 (3) Unless the rental agreement provides otherwise as permitted
27 by section 38-12-506, Before a LANDLORD LEASES A residential premises
28 is leased to a tenant, the LANDLORD MUST ENSURE THAT THE residential
29 premises must comply with the requirements set forth in IS FIT FOR
30 HUMAN HABITATION IN ACCORDANCE WITH section 38-12-503 (1) and
31 (2)(a) THAT THE RESIDENTIAL PREMISES IS NOT IN A CONDITION DESCRIBED
32 IN SECTION 38-12-503 (2)(a).
33 SECTION 5. In Colorado Revised Statutes, 38-12-506, add (3)
34 as follows:
35 38-12-506. Exception for certain single-family residences.
36 (3) NOTWITHSTANDING SUBSECTIONS (1) AND (2) OF THIS SECTION, A
37 LANDLORD AND TENANT SHALL NOT ENTER INTO AN AGREEMENT FOR THE
38 REPAIR, MAINTENANCE, ALTERATION, REMODELING, OR REMEDIATION OF
39 A RESIDENTIAL PREMISES THAT IS NECESSARY TO COMPLY WITH SECTION
40 38-12-503 THAT WOULD ENDANGER THE HEALTH OR SAFETY OF THE
41 TENANT.
42 SECTION 6. In Colorado Revised Statutes, 38-12-507, amend
43 (1)(b)(I)(B); and add (4) and (5) as follows:
44 38-12-507. Breach of warranty of habitability - tenant's
45 remedies. (1) If there is a breach of the warranty of habitability as set
46 forth in section 38-12-503 (2):
47 (b) (I) A tenant may obtain injunctive relief for breach of the
48 warranty of habitability in any county or district court of competent
49 jurisdiction. In a proceeding for injunctive relief, the court shall
50 determine actual damages for a breach of the warranty at the time the
51 court orders the injunctive relief. A landlord is not subject to any court
52 order for injunctive relief if:
53 (B) The proceeding for injunctive relief does not concern a
54 condition described in section 38-12-503 (2)(a)(II) OR (2)(a)(III) that has
55 not been repaired or remedied.
56
1 (4) IF A RESIDENTIAL PREMISES IS UNINHABITABLE PURSUANT TO
2 SECTION 38-12-505 (1) AFTER BEING DAMAGED DUE TO AN
3 ENVIRONMENTAL PUBLIC HEALTH EVENT, THE TENANT MAY TERMINATE
4 THE TENANT'S LEASE IF:
5 (a) THE TENANT HAS GIVEN THE LANDLORD WRITTEN OR
6 ELECTRONIC NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR
7 HABITABILITY DUE TO DAMAGE FROM AN ENVIRONMENTAL PUBLIC HEALTH
8 EVENT;
9 (b) THE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE
10 CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR
11 HABITABILITY WITHIN SIXTY BUSINESS DAYS AFTER THE LANDLORD HAS
12 RECEIVED NOTICE OF THE HABITABILITY ISSUE FROM THE TENANT; AND
13 (c) THE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE
14 ALTERNATIVE HOUSING ACCOMMODATIONS FOR THE TENANT FOR THE
15 DURATION OF THE TIME THAT THE RESIDENTIAL PREMISES IS BEING
16 REMEDIATED.
17 (5) NOTWITHSTANDING SUBSECTION (4) OF THIS SECTION, IF A
18 TENANT IS A MEMBER OF A VULNERABLE POPULATION, THE TENANT MAY
19 TERMINATE THE TENANT'S LEASE OR AGREEMENT AFTER THE RESIDENTIAL
20 PREMISES HAS BEEN DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC
21 HEALTH EVENT IF:
22 (a) THE TENANT HAS GIVEN THE LANDLORD WRITTEN OR
23 ELECTRONIC NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR
24 HABITABILITY DUE TO DAMAGE FROM AN ENVIRONMENTAL PUBLIC HEALTH
25 EVENT;
26 (b) THE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE
27 CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR
28 HABITABILITY FOR THE TENANT WHO IS A MEMBER OF A VULNERABLE
29 POPULATION;
30 (c) THE LANDLORD IS NOT ABLE TO PROVIDE ADEQUATE
31 ALTERNATIVE HOUSING ACCOMMODATIONS FOR THE TENANT FOR THE
32 DURATION OF THE TIME THAT THE RESIDENTIAL PREMISES IS BEING
33 REMEDIATED; AND
34 (d) THE TENANT PROVIDES THE LANDLORD WITH EVIDENCE FROM
35 A LICENSED MEDICAL DOCTOR THAT THE TENANT'S CONDITION IS SUCH
36 THAT TO CONTINUE LIVING IN A RESIDENTIAL PREMISES THAT HAS BEEN
37 DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC HEALTH EVENT WOULD BE
38 DETRIMENTAL TO THE TENANT'S HEALTH, SAFETY, OR QUALITY OF LIFE.
39 SECTION 7. In Colorado Revised Statutes, 38-12-509, amend
40 (1); and add (1.5) as follows:
41 38-12-509. Prohibition on retaliation. (1) (a) A landlord shall
42 not retaliate against a tenant by increasing rent or decreasing services or
43 by bringing or threatening to bring an action for possession ENGAGING IN
44 ANY OF THE ACTIVITIES SPECIFIED IN SUBSECTION (1)(b) OF THIS SECTION
45 in response to the tenant:
46 (a) (I) Having made a good faith complaint to the landlord or to
47 a governmental agency alleging a condition described by section
48 38-12-505 (1) or any condition that materially interferes with the life,
49 health, or safety of the tenant; or
50 (b) (II) Organizing or becoming a member of a tenants'
51 association or similar organization.
52 (b) PROHIBITED RETALIATION INCLUDES:
53 (I) INCREASING RENT OR DECREASING SERVICES;
54 (II) TERMINATING A LEASE OR CONTRACT WITHOUT WRITTEN
55 CONSENT OF THE TENANT EXCEPT AS OTHERWISE PROVIDED BY LAW;
56
1 (III) BRINGING OR THREATENING TO BRING AN ACTION FOR
2 POSSESSION; OR
3 (IV) TAKING ACTION THAT IN ANY MANNER INTIMIDATES,
4 THREATENS, DISCRIMINATES, OR RETALIATES AGAINST A TENANT.
5 (1.5) A TENANT MAY ASSERT AS A DEFENSE TO A LANDLORD'S
6 ACTION FOR POSSESSION, INCLUDING AN ACTION FOR POSSESSION BASED
7 ON A NONMONETARY VIOLATION OF THE RENTAL AGREEMENT OR AN
8 ACTION FOR POSSESSION BASED UPON A NOTICE TO QUIT OR VACATE, THAT
9 THE LANDLORD RETALIATED AGAINST THE TENANT IN VIOLATION OF
10 SUBSECTION (1) OF THIS SECTION.
11 SECTION 8. Safety clause. The general assembly hereby finds,
12 determines, and declares that this act is necessary for the immediate
13 preservation of the public peace, health, or safety.".
14
15 Page 1, strike lines 103 through 106 and substitute "CONNECTION
16 THEREWITH, SPECIFYING A LANDLORD'S REQUIREMENTS TO
17 REMEDIATE A RESIDENTIAL PREMISES THAT IS DAMAGED DUE TO AN
18 ENVIRONMENTAL PUBLIC HEALTH EVENT, EXPANDING WHAT
19 CONSTITUTES RETALIATION BY A LANDLORD, AND DESCRIBING
20 SITUATIONS IN WHICH A TENANT MAY TERMINATE A LEASE AFTER THE
21 PREMISES HAS BEEN DAMAGED DUE TO AN ENVIRONMENTAL PUBLIC
22 HEALTH EVENT.".
House Journal, April 21
52 Amendment No. 1, Transportation, Housing & Local Government Report,
53 dated April 11, 2023, and placed in member's bill file; Report also printed
54 in House Journal, April 12, 2023.
55
56
1 Amendment No. 2, by Representative Taggart:
2
3 Amend the Transportation, Housing, and Local Government Committee
4 Report, dated April 11, 2023, page 3, line 2, strike "notice." and substitute
5 "notice; EXCEPT THAT A LANDLORD MAY TAKE UP TO SEVENTY-TWO
6 HOURS TO RESPOND TO THE TENANT AFTER RECEIVING THE NOTICE WHEN
7 THE RESIDENTIAL PREMISES IS INACCESSIBLE BECAUSE OF DAMAGE DUE TO
8 AN ENVIRONMENTAL PUBLIC HEALTH EVENT.".
9
10 Page 4, strike lines 41 through 43 and substitute:
11
12 "(a) THE LANDLORD HAS NOT BEEN ABLE TO REMEDIATE THE
13 CONDITIONS OF THE RESIDENTIAL PREMISES SO THAT IT IS SAFE FOR
14 HABITABILITY WITHIN SIXTY BUSINESS DAYS AFTER THE LANDLORD HAS
15 RECEIVED NOTICE OF THE HABITABILITY ISSUE FROM THE TENANT;".
16
17 Page 5, strike lines 1 through 5 and substitute:
18
19 "(b) THE TENANT HAS GIVEN THE LANDLORD WRITTEN OR
20 ELECTRONIC NOTICE THAT THE RESIDENTIAL PREMISES IS NOT SAFE FOR
21 HABITABILITY DUE TO DAMAGE FROM AN ENVIRONMENTAL PUBLIC HEALTH
22 EVENT; AND".
23
24 Strike "TENANT" and substitute "TENANT, PURSUANT TO SECTION
25 38-12-503 (4)," on: Page 5, lines 7 and 24.
26
27 As amended, ordered engrossed and placed on the Calendar for Third
28 Reading and Final Passage.
29