Amendments for SB24-094
Senate Journal, February 28
After consideration on the merits, the Committee recommends that SB24-094 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, line 17, after "repeal" insert "(4) and".
Page 4, after line 12 insert:
"(4) "Electronic notice" means notice by electronic mail or an electronic
portal or management communications system that is available to both a
landlord and a tenant.".
Page 4, line 26, strike "LODGING." and substitute "LODGING ESTABLISHMENT.".
Page 5, line 12, strike "OR OTHER DEVICE".
Page 6, line 17, after "AND" insert "THAT THE LANDLORD WILL MAINTAIN THE
RESIDENTIAL PREMISES AS FIT FOR HUMAN HABITATION.".
Page 7, line 15, strike "OR".
Page 7, line 18, strike "EVENT." and substitute "EVENT; OR
(V) LEASES A RESIDENTIAL PREMISES TO A TENANT AND THE
RESIDENTIAL PREMISES IS IN AN UNINHABITABLE CONDITION AT THE INCEPTION
OF THE TENANT'S OCCUPANCY.".
Page 9, line 5, strike "MAY" and substitute "SHALL".
Page 9, line 7, strike "TENANT," and substitute "TENANT AND MAY REQUIRE
PROMPT CORRESPONDENCE AND GOOD FAITH COOPERATION WITH".
Page 10, line 27, after "INCLUDE" insert "AT LEAST".
Page 12, line 14, after "ANY" insert "UNINHABITABLE CONDITION OR".
Page 13, line 9, strike "SECTION;" and substitute "SECTION, INCLUDING THE
LANDLORD'S OBLIGATION TO PROVIDE THE TENANT A COMPARABLE DWELLING
UNIT OR HOTEL ROOM AT NO COST TO THE TENANT;".
Page 14, line 8, strike "SECTION 38-12-505 (1)" and substitute "SUBSECTION
(2)(a) OF THIS SECTION".
Page 15, line 17, after "NOTICE" insert "AT ANY TIME".
Page 16, line 25, strike "THE LANDLORD" and substitute "NOTWITHSTANDING
SECTION 38-12-103, THE LANDLORD".
Page 18, after line 16 insert:
"(13) (a) A LANDLORD SHALL NOT REQUIRE A TENANT TO SUBMIT AN
INSURANCE CLAIM WITH THE TENANT'S RENTAL INSURANCE CARRIER TO COVER
A COST OR EXPENSE RELATED TO REMEDIAL ACTION THAT THE LANDLORD IS
RESPONSIBLE FOR PAYING UNDER THIS PART 5.
(b) A LANDLORD IS PROHIBITED FROM FILING A CLAIM WITH A TENANT'S
RENTAL INSURANCE CARRIER TO COVER A COST OR EXPENSE RELATED TO
REMEDIAL ACTION THAT THE LANDLORD IS RESPONSIBLE FOR PAYING UNDER
THIS PART 5 WITHOUT EXPRESS WRITTEN PERMISSION FROM THE TENANT
PROVIDED AT THE TIME THE CLAIM IS SUBMITTED.
(14) A LANDLORD SHALL HIRE A PROFESSIONAL, AS DEFINED IN SECTION
38-12-104 (3), TO REMEDY OR REPAIR A HAZARDOUS CONDITION RELATED TO
GAS PIPING, GAS FACILITIES, GAS APPLIANCES, OR OTHER GAS EQUIPMENT AT A
RESIDENTIAL PREMISES.".
Page 20, after line 24 insert:
"(c) ON AND AFTER JANUARY 1, 2025, EVERY RENTAL AGREEMENT
BETWEEN A LANDLORD AND TENANT MUST INCLUDE A STATEMENT IN AT LEAST
TWELVE-POINT, BOLD-FACED TYPE THAT STATES THAT EVERY TENANT IS
ENTITLED TO SAFE AND HEALTHY HOUSING UNDER COLORADO'S WARRANTY OF
HABITABILITY AND THAT A LANDLORD IS PROHIBITED BY LAW FROM
RETALIATING AGAINST A TENANT IN ANY MANNER FOR REPORTING UNSAFE
CONDITIONS IN THE TENANT'S RESIDENTIAL PREMISES, REQUESTING REPAIRS, OR
FOR SEEKING TO ENJOY THE TENANT'S RIGHT TO SAFE AND HEALTHY HOUSING.".
Page 21, strike lines 12 and 13 and substitute:
"(d) LACK OF FUNCTIONING HEATING FACILITIES AND EQUIPMENT
FIXTURES THAT ARE INSTALLED AND OPERATING IN COMPLIANCE WITH
APPLICABLE LAW AT THE TIME OF INSTALLATION AND THAT ARE MAINTAINED IN
GOOD WORKING ORDER FROM OCTOBER THROUGH APRIL OF EACH YEAR;".
Page 21, strike line 22 and substitute, "EXTERIOR DOORS THAT ALLOW ENTRY
INTO A RESIDENTIAL PREMISES OR A DWELLING UNIT AND ALL EXTERIOR
WINDOWS THAT ARE DESIGNED TO BE OPENED;".
Page 23, strike lines 12 and 13 and substitute "PRIORITIZE A TENANT WHO
REQUESTS THE INSTALLATION OR USAGE OF A PORTABLE COOLING DEVICE TO
ACCOMMODATE THE TENANT'S DISABILITY OVER OTHER TENANTS' REQUESTS TO
INSTALL OR USE A PORTABLE COOLING DEVICE.".
Page 24, after line 10 insert:
"(e) NOTHING IN THIS SUBSECTION (7) MODIFIES A LANDLORD'S
OBLIGATION TO PERMIT REASONABLE MODIFICATIONS AND REASONABLE
ACCOMMODATIONS FOR INDIVIDUALS WITH A DISABILITY UNDER SECTION
24-34-502.2.".
Page 24, line 21, strike "SPECIFIES:" and substitute "STATES:".
Page 25, lines 2 and 3, strike "COMPLETELY REMEDIES OR REPAIRS THE
CONDITION STATED IN THE TENANT'S NOTICE" and substitute "COMMENCES OR
COMPLETES REMEDIAL ACTION".
Page 25, line 11, after "(b)" insert "(I)".
Page 25, strike lines 17 through 20 and substitute:
"(A) AT LEAST TEN DAYS' WRITTEN NOTICE THAT STATES THE SAME
UNINHABITABLE CONDITION HAS RECURRED; AND
(B) THE DATE THAT THE TENANT INTENDS TO TERMINATE THE RENTAL
AGREEMENT AND VACATE THE DWELLING UNIT, WHICH DATE MUST BE AT LEAST
TEN DAYS AFTER THE DATE THAT THE NOTICE IS PROVIDED TO THE LANDLORD.
(II) IF THE LANDLORD COMMENCES OR COMPLETES REMEDIAL ACTION
BEFORE THE TERMINATION DATE PROVIDED BY THE TENANT IN ACCORDANCE
WITH SUBSECTION (1)(b)(I)(B) OF THIS SECTION, THE LANDLORD AND TENANT
MAY AGREE IN WRITING, AT THE TIME THE CONDITION IS BEING REMEDIED OR
REPAIRED OR AFTER THE CONDITION HAS BEEN REMEDIED OR REPAIRED, TO
RESCIND THE TENANT'S INTENT TO TERMINATE THE RENTAL AGREEMENT AND
CONTINUE THE HOUSING ARRANGEMENT UNDER THE LANDLORD AND TENANT'S
EXISTING RENTAL AGREEMENT.".
Page 25, line 23, strike "SPECIFIES" and substitute "STATES".
Page 26, strike lines 23 through 27 and substitute:
"(A) TERMINATE THE RENTAL AGREEMENT, RETAIN ANY AMOUNT OF
RENT WITHHELD, AND AVOID ANY LIABILITY FOR FUTURE RENT OR CHARGES
UNDER THE RENTAL AGREEMENT BY PROVIDING THE LANDLORD AT LEAST THREE
DAYS' WRITTEN NOTICE OF THE TENANT'S INTENT TO TERMINATE THE RENTAL
AGREEMENT AND VACATE THE DWELLING UNIT; OR".
Page 27, line 20, strike "(4)(b);" and substitute "(4);".
Page 28, line 24, strike "RENT" and substitute "OR WITHHOLDS RENTAL
PAYMENTS".
Page 28, strike line 27 and substitute "THE TENANT'S INTENT TO DEDUCT OR
WITHHOLD RENTAL PAYMENTS.".
Page 29, strike line 1.
Page 29, line 5, strike "OR PUNITIVE".
Page 29, strike lines 7 through 13 and substitute "SHALL INCLUDE ANY
REDUCTION IN THE FAIR RENTAL VALUE OF THE DWELLING UNIT DURING ANY
PERIOD THAT THE RESIDENTIAL PREMISES WERE UNINHABITABLE PURSUANT TO
SUBSECTION (3) OF THIS SECTION. A TENANT MAY ALSO RECOVER COURT COSTS,
REASONABLE ATTORNEY FEES, PUNITIVE DAMAGES, AND ANY OTHER DAMAGES
AS ORDERED BY THE COURT.".
Page 29, line 25, strike "38-12-503;" and substitute "38-12-503 OR BY OTHER
VIOLATIONS OF THIS PART 5;".
Page 31, line 10, after "SECURITY OR" insert "PROVIDE".
Page 32, strike lines 15 through 27 and substitute "DOCUMENTATION MAY
INCLUDE ANY RECORDS, NOTICES, REPORTS, CORRESPONDENCE, OR OTHER
DOCUMENTATION MAINTAINED BY THE LANDLORD IN ACCORDANCE WITH
SECTION 38-12-503 (5).
(II) IF A LANDLORD FAILS TO PROVIDE ALL RELEVANT DOCUMENTATION,
THE COURT SHALL ORDER A CONTINUANCE OF THE TRIAL, AND REPEATED
FAILURE BY THE LANDLORD TO PROVIDE ALL RELEVANT DOCUMENTATION MAY
BE GOOD CAUSE FOR APPROPRIATE SANCTIONS AGAINST THE LANDLORD.
(III) IF EITHER THE LANDLORD OR TENANT FAILS TO TIMELY PROVIDE
ALL RELEVANT DOCUMENTATION WITHOUT GOOD CAUSE, THE COURT MAY
PROHIBIT OR LIMIT THE ADMISSION OF DOCUMENTS AT TRIAL IF THE COURT
FINDS THAT THE OPPOSING PARTY WOULD BE SUBSTANTIALLY PREJUDICED BY
THE DELAY IN PROVIDING SUCH DOCUMENTATION.".
Page 33, line 25, strike "CLAIM".
Page 34, strike lines 6 and 7 and substitute:
"(II) ORDER THE LANDLORD TO REMEDY OR REPAIR ANY EXISTING
UNINHABITABLE CONDITION WITHIN A SPECIFIC TIME FRAME, INCLUDING:".
Page 35, line 8, after "ANY" insert "OTHER".
Page 36, line 2, strike "CLAIM" and strike "ORDER" and substitute "JUDGMENT".
Page 36, line 5, after "COURT" insert "OR JURY".
Local
Government
& Housing
Senate Journal, March 8
SB24-094 by Senator(s) Gonzales and Exum; also Representative(s) Lindsay and Froelich--
Concerning safe housing for residential tenants, and, in connection therewith, establishing
and clarifying procedures regarding a tenant's claim of breach of the warranty of
habitability.
Amendment No. 1, Local Government & Housing Committee Amendment.
(Printed in Senate Journal, February 28, page(s) 342-345 and placed in members' bill
files.)
Amendment No. 2(L.010), by Senator Gonzales.
Amend printed bill, page 3, line 17, after "(4.8)," insert "(5.7)".
Page 5 of the bill, after line 2 insert:
"(5.7) (a) "MAINTENANCE SERVICE" MEANS ANY SERVICE PROVIDED AT
A LANDLORD'S EXPENSE FOR THE PURPOSE OF GENERALLY MAINTAINING,
INSPECTING, REPAIRING, OR ENSURING THE UPKEEP AND PRESERVATION OF A
RESIDENTIAL PREMISES.
(b) "MAINTENANCE SERVICE" DOES NOT INCLUDE A ONE-TIME OR
SPECIALIZED THIRD-PARTY CONTRACTOR WHO IS NOT AN AGENT OF THE
LANDLORD AND ONLY PROVIDES A LIMITED OR EXPERT SERVICE TO A
RESIDENTIAL PREMISES.".
Page 6 of the bill, strike lines 4 and 5 and substitute "RECORD CONVEYING
INFORMATION IN A FORM THAT MAY BE RETAINED BY THE RECIPIENT OR SENDER
OR THAT IS CAPABLE OF BEING DISPLAYED IN VISUAL".
Page 6 of the bill, line 26, strike "NOTICE" and substitute "NOTICE, AS
DESCRIBED IN SUBSECTION (3)(e) OF THIS SECTION,".
Page 9 of the bill, line 20, after "ANY" insert "WRITING THAT PROVIDES A".
Page 9 of the bill, line 22, strike "NOTICE" and substitute "WRITTEN NOTICE".
Page 9 of the bill, line 24, strike "NOTICE" and substitute "WRITTEN NOTICE".
Page 9 of the bill, line 25, strike "NOTICE" and substitute "WRITTEN NOTICE".
Page 9 of the bill, line 27, after "TENANT'S" insert "WRITTEN".
Page 10 of the bill, line 3, strike "OBSERVATIONS OR REPORTS" and substitute
"WRITTEN OBSERVATIONS OR WRITTEN REPORTS".
Page 10 of the bill, line 4, after "INDIRECTLY;" insert "OR".
Page 10 of the bill, line 5, strike "NOTICE" and substitute "WRITTEN NOTICE".
Page 10 of the bill, line 7, strike "TENANT; OR" and substitute "TENANT.".
Page 10 of the bill, strike lines 8 through 10.
Page 10 of the bill, before line 11 insert:
"(f) (I) ANY NOTICE PROVIDED BY A TENANT IS SUFFICIENT IF THE
NOTICE IS PROVIDED TO THE LANDLORD IN A MANNER THAT IS REQUIRED OR
PERMITTED BY THE RENTAL AGREEMENT OR BY ANY PROPERTY RULES OR
REGULATIONS PERTAINING TO THE TENANCY OR RESIDENTIAL PREMISES.
(II) A RENTAL AGREEMENT OR PROPERTY RULE OR REGULATION
PERTAINING TO A TENANCY OR RESIDENTIAL PREMISES THAT STATES THAT A
TENANT MAY OR MUST GIVE NOTICE OF AN UNINHABITABLE CONDITION TO THE
LANDLORD VERBALLY WAIVES THE LANDLORD'S RIGHT TO RECEIVE WRITTEN
NOTICE UNDER SUBSECTION (3)(e) OF THIS SECTION.".
Page 10 of the bill, line 27, strike "IN THE ROOM OR ROOMS".
Page 12 of the bill, after line 10 insert:
"(c) IF A TENANT IS PROVIDED A HOTEL ROOM DUE TO A CONDITION
DESCRIBED IN SUBSECTION (2)(a)(II) OF THIS SECTION AND THE CONDITION
CANNOT BE REMEDIED OR REPAIRED WITHIN SIXTY CONSECUTIVE DAYS DUE TO
CIRCUMSTANCES OUTSIDE THE LANDLORD'S REASONABLE CONTROL, THE
LANDLORD IS REQUIRED TO PROVIDE THE HOTEL ROOM TO THE TENANT FOR
ONLY UP TO SIXTY CONSECUTIVE DAYS. THE LANDLORD IS RELIEVED OF THE
LANDLORD'S OBLIGATION TO PROVIDE HOTEL ACCOMMODATIONS TO THE
TENANT IF THE LANDLORD:
(I) DETERMINES THAT THE CONDITION AT THE RESIDENTIAL PREMISES
CANNOT BE REMEDIED OR REPAIRED WITHIN SIXTY CONSECUTIVE DAYS DUE TO
CIRCUMSTANCES OUTSIDE THE LANDLORD'S REASONABLE CONTROL;
(II) PROVIDES THE TENANT, AT THE EARLIEST OPPORTUNITY, WRITTEN
NOTICE THAT SPECIFIES:
(A) THAT THE UNINHABITABLE CONDITION AT THE RESIDENTIAL
PREMISES CANNOT BE REMEDIED OR REPAIRED TO A CONDITION THAT NO
LONGER MATERIALLY INTERFERES WITH A TENANT'S LIFE, HEALTH, OR SAFETY
WITHIN SIXTY CONSECUTIVE DAYS FROM THE START OF THE TENANT'S HOTEL
STAY;
(B) THE DATE THAT THE TENANT'S HOTEL ACCOMMODATIONS WILL NO
LONGER BE PROVIDED TO THE TENANT AT THE LANDLORD'S EXPENSE, WHICH
DATE MUST BE NO EARLIER THAN SIXTY CONSECUTIVE DAYS AFTER THE START
OF THE TENANT'S HOTEL STAY AT THE LANDLORD'S EXPENSE; AND
(C) THAT THE TENANT MAY TERMINATE THEIR RENTAL AGREEMENT
WITH NO LIABILITY OR FINANCIAL PENALTY TO THE TENANT; AND
(III) RETURNS TO THE TENANT THE TENANT'S FULL SECURITY DEPOSIT
ON OR BEFORE THE DATE THAT THE LANDLORD PROVIDES THE TENANT NOTICE
IN ACCORDANCE WITH SUBSECTION (4)(c)(I) OF THIS SECTION.".
Page 12 of the bill, line 23, strike "SEVEN" and substitute "TEN".
Page 13 of the bill, line 15, strike "SAFETY." and substitute "SAFETY OR WHEN
THE CONDITION POSES AN ACTIVE AND ONGOING THREAT OF CAUSING, AND,
WITHOUT IMMEDIATE REMEDIATION, WOULD CAUSE, SUBSTANTIAL AND
MATERIAL DAMAGE TO THE RESIDENTIAL PREMISES.".
Page 13 of the bill, line 21, strike "A" and insert "EXCEPT AS PROVIDED IN
SUBSECTION (6)(a)(III) OF THIS SECTION, A".
Page 18 of the bill, line 16, strike "(4)(b)" and substitute "(4)".
Page 19 of the bill, line 24, strike "repair," and substitute "repair AND
SCHEDULED TO BE".
Amend the Local Government and Housing Committee Report, dated February
27, 2024, page 3, strike line 1 and substitute "SAFE AND HEALTHY HOUSING.
(d) ON AND AFTER JANUARY 1, 2025, EVERY RENTAL AGREEMENT
BETWEEN A LANDLORD AND TENANT MUST INCLUDE A STATEMENT IN ENGLISH
AND SPANISH AND IN AT LEAST TWELVE-POINT, BOLD-FACED TYPE THAT STATES
AN ADDRESS WHERE A TENANT CAN MAIL OR PERSONALLY DELIVER WRITTEN
NOTICE OF AN UNINHABITABLE CONDITION AND AN EMAIL ADDRESS OR
ACCESSIBLE ONLINE TENANT PORTAL OR PLATFORM WHERE A TENANT CAN
DELIVER WRITTEN NOTICE OF AN UNINHABITABLE CONDITION.
(e) IF A LANDLORD PROVIDES A TENANT WITH AN ONLINE TENANT
PORTAL OR PLATFORM, THE LANDLORD MUST POST IN A CONSPICUOUS PLACE IN
THE ONLINE TENANT PORTAL OR PLATFORM A STATEMENT IN ENGLISH AND
SPANISH THAT STATES AN ADDRESS WHERE A TENANT CAN MAIL OR
PERSONALLY DELIVER WRITTEN NOTICE OF AN UNINHABITABLE CONDITION AND
AN EMAIL ADDRESS OR ACCESSIBLE ONLINE PORTAL OR PLATFORM WHERE A
TENANT CAN DELIVER WRITTEN NOTICE OF AN UNINHABITABLE CONDITION.".".
Page 21 of the bill, strike lines 8 through 11 and substitute:
"(c) INADEQUATE RUNNING WATER OR INADEQUATE RUNNING HOT
WATER, EXCEPT FOR TEMPORARY DISRUPTIONS IN WATER SERVICE DUE TO
NECESSARY MAINTENANCE, REPAIR, OR CONSTRUCTION THAT IS BEING
PERFORMED OR TEMPORARY DISRUPTIONS IN WATER SERVICE THAT A LANDLORD
COULD NOT REASONABLY PREVENT OR CONTROL;".
Page 24 of the bill, line 3, strike "EVENT." and substitute "EVENT; EXCEPT THAT
A LANDLORD IS NOT REQUIRED TO PROVIDE INFORMATION ON COMMUNITY
COOLING SPACES IF THERE ARE NO KNOWN COMMUNITY COOLING SPACES WITHIN
TEN MILES OF THE RESIDENTIAL PREMISES.".
Page 25 of the bill, strike lines 21 through 27.
Strike page 26 of the bill.
Page 27 of the bill, strike lines 1 through 4.
Reletter succeeding paragraphs accordingly.
Page 4 of the report, strike lines 9 through 16.
Page 27 of the bill, line 18, strike "(1)(d)(I)(A)" and substitute "(1)(c)(I)(A)".
Page 28 of the bill, line 15, strike "(1)(d)(I)(A)" and substitute "(1)(c)(I)(A)".
Page 28 of the bill, line 24, strike "RENT" and insert "RENTAL PAYMENTS".
Page 28 of the bill, line 25, strike "(1)(c), (1)(d)(I), OR (1)(d)(II)" and substitute
"(1)(c)(I) OR (1)(c)(II)".
Page 28 of the bill, strike line 27 and substitute "THE TENANT'S INTENT TO
DEDUCT RENTAL PAYMENTS".
Page 29 of the bill, strike line 1 and substitute:
"(IV) IF A TENANT WRONGFULLY DEDUCTS A RENTAL PAYMENT BY NOT
SUBSTANTIALLY COMPLYING WITH THE REQUIREMENTS OF THIS SUBSECTION
(1)(c), A LANDLORD MAY PURSUE ANY LEGAL REMEDY AVAILABLE UNDER LAW.
IF A COURT FINDS THAT THE TENANT PURPOSELY DEDUCTED A RENTAL PAYMENT
IN BAD FAITH, THE COURT SHALL AWARD THE LANDLORD DAMAGES EQUAL TO
DOUBLE THE AMOUNT OF MONEY UNLAWFULLY DEDUCTED.".
Page 4 of the report, strike lines 18 through 22.
Page 30 of the bill, line 9, strike "(1)(f)," and substitute "(1)(e),".
Page 31 of the bill, line 13, strike "(1)(g)" and substitute "(1)(f)".
Page 32 of the bill, line 6, strike "WITHHOLDING" and substitute "DEDUCTING"
and strike "RENT" and substitute "RENTAL PAYMENTS".
Page 32 of the bill, line 7, strike "SUBSECTIONS (1)(c) AND (1)(d)" and
substitute, "SUBSECTION (1)(c)".
Page 34 of the bill, line 13, strike "(1)(f) AND (1)(g)" and substitute "(1)(e) AND
(1)(f)".
Page 42 of the bill, after line 19 insert:
"SECTION 13. In Colorado Revised Statutes, 13-40-111, amend (1)
as follows:
13-40-111. Issuance and return of summons. (1) Upon filing the
complaint as required in section 13-40-110, the clerk of the court or the attorney
for the plaintiff shall issue a summons. The summons must command the
defendant to appear before the court at a place named in the summons and at a
time and on a day not less than seven days but not more than fourteen days from
the day of issuing the same to answer the complaint of plaintiff. A court shall
not enter a default judgment for possession before the close of business on the
date upon which an appearance is due. The summons must also contain a
statement addressed to the defendant stating: "If you do not respond to the
landlord's complaint by filing a written answer with the court on or before the
date and time in this summons or appearing in court at the date and time in this
summons, the judge may enter a default judgment against you in favor of your
landlord for possession. A default judgment for possession means that you will
have to move out, and it may mean that you will have to pay money to the
landlord. In your answer to the court, you can state why you believe you have
a right to remain in the property, whether you admit or deny the landlord's
factual allegations against you, and whether you believe you were given proper
notice of the landlord's reasons for terminating your tenancy before you got this
summons. When you file your answer, you must pay a filing fee to the clerk of
the court." If you are claiming that the landlord's failure to repair a residential
premises is a defense to the landlord's allegation of nonpayment of rent, the
court will require you to pay into the registry of the court, at the time of filing
your answer, the rent due less any expenses you have incurred based upon the
landlord's failure to repair the residential premise; unless the court determines
that you qualify to have this requirement waived due to your income."".
Renumber succeeding sections accordingly.
Strike "ACTUAL OR CONSTRUCTIVE" on: Page 6, line 26; Page 7, lines 3 and 25;
Page 8, lines 3 and 7; Page 9, lines 4 and 18; Page 10, line 11; Page 12, line
24; Page 13, line 2; Page 14, lines 1 and 7; Page 15, line 2; Page 17, lines 9
and 22 and 23; and Page 30, line 26.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, April 5
51 Amendment No. 1, by Representative Froelich:
52
53 Amend the Froelich floor amendment (SB094_L.019), after line 3 insert:
54 "SECTION 11. In Colorado Revised Statutes, add 38-12-512 as
55 follows:
56
1 38-12-512. Enforcement by the attorney general - district
2 court - penalties. (1) (a) IN ACCORDANCE WITH SECTION 24-31-115 (1),
3 THE ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION IN ANY
4 DISTRICT COURT OF APPROPRIATE JURISDICTION AGAINST ANY PERSON
5 THAT HAS COMMITTED OR IS ENGAGING IN A PATTERN OR PRACTICE OF
6 VIOLATIONS OF THIS PART 5.
7 (b) THE ATTORNEY GENERAL MAY, UPON TIMELY APPLICATION,
8 INTERVENE BY RIGHT IN A CIVIL ACTION IN ANY COUNTY COURT OR
9 DISTRICT COURT THAT INVOLVES A CLAIM, DEFENSE, OR COUNTERCLAIM
10 BROUGHT PURSUANT TO THIS PART 5.
11 (2) IN EXERCISING THE ATTORNEY GENERAL'S POWERS TO
12 COMMENCE OR INTERVENE IN A CIVIL ACTION PURSUANT TO SUBSECTION
13 (1) OF THIS SECTION, THE ATTORNEY GENERAL MAY PRIORITIZE CASES IN
14 WHICH:
15 (a) A PERSON OR GROUP OF PERSONS HAS ENGAGED IN, OR IS
16 ENGAGED IN A PATTERN OR PRACTICE OF, RESISTANCE TO OR
17 NONCOMPLIANCE WITH THIS PART 5; OR
18 (b) A PERSON HAS VIOLATED THIS PART 5 OR HAS DENIED A PERSON
19 ANY RIGHT OR PROTECTION GRANTED BY THIS PART 5 AND SUCH
20 VIOLATION OR DENIAL RAISES AN ISSUE OF PUBLIC IMPORTANCE.
21 (3) IF THE ATTORNEY GENERAL INTERVENES IN A CIVIL ACTION IN
22 A COUNTY COURT PURSUANT TO SECTION (1)(b) OF THIS SECTION, THE
23 ATTORNEY GENERAL MAY REQUEST THE ACTION BE TRANSFERRED TO A
24 DISTRICT COURT OF COMPETENT JURISDICTION. UPON SUCH REQUEST BY
25 THE ATTORNEY GENERAL, ALL COUNTY COURT PROCEEDINGS SHALL BE
26 DISCONTINUED, AND THE CLERK OF THE COUNTY COURT SHALL CERTIFY
27 ALL RECORDS IN THE CASE AND TRANSFER THE ACTION TO THE
28 APPROPRIATE DISTRICT COURT.
29 (4) (a) WHEN THE ATTORNEY GENERAL HAS CAUSE TO BELIEVE
30 THAT A PERSON HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF THIS
31 PART 5, THE ATTORNEY GENERAL MAY, IN ACCORDANCE WITH SECTION
32 24-31-115 (8)(a), APPLY FOR AND OBTAIN A TEMPORARY RESTRAINING
33 ORDER OR INJUNCTION, OR BOTH, THAT PROHIBITS THE PERSON FROM
34 CONTINUING OR ENGAGING IN THE ACTIONS THAT VIOLATE THIS PART 5 OR
35 FROM DOING ANY ACT IN FURTHERANCE OF SUCH ACTION.".
36
37 Renumber succeeding sections accordingly.
38
39 Amendment No. 2, by Representative Froelich:
40
41 Amend reengrossed bill, page 14, lines 19 and 20, strike "ONE YEAR" and
42 substitute "THREE YEARS".
43
44 Page 45, before line 15 insert:
45
46 "(b) THE COURT MAY MAKE ORDERS OR JUDGMENTS REGARDING
47 A TEMPORARY RESTRAINING ORDER OR INJUNCTION, OR BOTH, THAT THE
48 ATTORNEY GENERAL APPLIES FOR AS AUTHORIZED PURSUANT TO SECTION
49 24-31-115 (8)(a).
50 (c) THE ATTORNEY GENERAL MAY ALSO ACCEPT AN ASSURANCE OF
51 DISCONTINUANCE OF PRACTICES THAT VIOLATE THIS PART 5 PURSUANT TO
52 SECTION 24-31-115 (8)(b).
53 (5) IN ADDITION TO ANY OTHER REMEDIES AUTHORIZED BY LAW,
54 THE ATTORNEY GENERAL MAY SEEK THE IMPOSITION OF CIVIL PENALTIES
55 ON BEHALF OF THE STATE AS FOLLOWS:
56
1 (a) A PERSON WHO VIOLATES OR CAUSES ANOTHER PERSON TO
2 VIOLATE ANY PROVISION OF THIS PART 5 SHALL FORFEIT AND PAY TO THE
3 GENERAL FUND A CIVIL PENALTY OF NOT MORE THAN TWENTY THOUSAND
4 DOLLARS FOR EACH VIOLATION OF THIS PART 5. FOR PURPOSES OF THIS
5 5 SUBSECTION (5)(a), A VIOLATION OF ANY PROVISION OF THIS PART
6 CONSTITUTES A SEPARATE VIOLATION WITH RESPECT TO EACH TENANT OR
7 OTHER CONSUMER OR TRANSACTION INVOLVED IN THE VIOLATION.
8 (b) (I) A PERSON WHO VIOLATES OR CAUSES ANOTHER PERSON TO
9 VIOLATE ANY COURT ORDER OR INJUNCTION ISSUED PURSUANT TO THIS
10 PART 5 OR SECTION 24-31-115 (8) SHALL FORFEIT AND PAY TO THE
11 GENERAL FUND A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND
12 DOLLARS FOR EACH VIOLATION OF THE COURT ORDER OR INJUNCTION.
13 (II) UPON A VIOLATION OF A COURT ORDER OR INJUNCTION, THE
14 ATTORNEY GENERAL MAY PETITION THE COURT FOR THE RECOVERY OF THE
15 CIVIL PENALTY. THE COURT SHALL ORDER THE CIVIL PENALTY IN ADDITION
16 TO ANY OTHER PENALTY OR REMEDY AVAILABLE FOR THE ENFORCEMENT
17 OF THIS PART 5, ANY COURT ORDER OR INJUNCTION, AND ANY OTHER
18 REMEDY AVAILABLE TO THE ATTORNEY GENERAL.
19 (III) FOR THE PURPOSES OF THIS SECTION, THE COURT ISSUING THE
20 ORDER OR INJUNCTION SHALL RETAIN JURISDICTION, AND THE CAUSE
21 SHALL BE CONTINUED.".
22
23 Amendment No. 3, by Representative Lindsay:
24
25 Amend reengrossed bill, page 7, line 3, strike "HABITATION." and
26 substitute "HABITATION".
27
28 Page 13, line 8, strike "(2)(a)(II)" and substitute "(4)(a)(II)".
29
30 Page 14, line 9, strike "(4)(c)(I)" and substitute "(4)(c)(II)".
31
32 Page 39, line 16, strike "IN BAD FAITH," and substitute "FRIVOLOUSLY OR
33 FOR THE PURPOSE OF DELAY,".
34
35 Page 43, strike lines 17 and 18 and substitute:
36
37 "(b) A notice to quit, or vacate, that the landlord retaliated against
38 the tenant in violation of subsection (1) of this section. TERMINATE
39 TENANCY, OR VACATE;".
40
41 Amendment No. 4, by Representative Weinberg:
42
43 Amend reengrossed bill, page 12, strike lines 11 through 20 and
44 substitute:
45
46 "(III) (A) A COMPARABLE DWELLING UNIT OR HOTEL ROOM MUST
47 BE HABITABLE, ACCESSIBLE TO AN INDIVIDUAL WITH DISABILITIES IF THE
48 TENANT HAS A DISABILITY, AND LOCATED WITHIN FIVE MILES OF THE
49 TENANT'S DWELLING UNIT, UNLESS THE TENANT CONSENTS AT THE TIME OF
50 THE REQUEST OR AFTER THE REQUEST TO A COMPARABLE DWELLING UNIT
51 OR HOTEL ROOM THAT IS FURTHER THAN FIVE MILES FROM THE TENANT'S
52 DWELLING UNIT.
53 (B) THE LANDLORD MAY SELECT A COMPARABLE DWELLING UNIT
54 OR HOTEL ROOM THAT IS FURTHER THAN FIVE MILES BUT LESS THAN TEN
55 MILES FROM THE TENANT'S DWELLING UNIT IF THE COMPARABLE DWELLING
56 UNIT OR HOTEL ROOM THAT IS FURTHER AWAY FROM THE TENANT'S
1 DWELLING UNIT IS SUBSTANTIALLY LESS EXPENSIVE THAN OTHER OPTIONS
2 THAT ARE AVAILABLE WITHIN FIVE MILES OF THE TENANT'S DWELLING
3 UNIT.
4 (C) IF A COMPARABLE DWELLING UNIT OR HOTEL ROOM WITHIN
5 FIVE OR TEN MILES OF THE TENANT'S DWELLING UNIT IS NOT AVAILABLE
6 FOR THE TENANT'S USE IN ACCORDANCE WITH SUBSECTIONS (4)(b)(III)(A)
7 AND (4)(B)(III)(B) OF THIS SECTION, THE LANDLORD MUST SELECT THE
8 NEAREST AVAILABLE COMPARABLE DWELLING UNIT OR HOTEL ROOM.".
9
10 Page 42, line 15, after "(1.7)" insert "and (5)".
11
12 Page 44, after line 9 insert:
13
14 "(5) NOTHING IN THIS SECTION PRECLUDES A LANDLORD FROM
15 SERVING A TENANT WITH A NOTICE TO TERMINATE TENANCY OR A NOTICE
16 TO VACATE TO THE EXTENT ALLOWABLE UNDER THE LAW.".
17
18 Amendment No. 5, by Representative Taggart:
19
20 Amend reengrossed bill, page 4, strike line 8 and substitute "OR DURING
21 the tenant's occupancy of the residential premises TENANCY FOR THE
22 DURATION OF THE RENTAL AGREEMENT.".
23
24 Amendment No. 6, by Representative Wilson:
25
26 Amend reengrossed bill, page 8, line 12, strike "IF:" and substitute "IF THE
27 TENANT ESTABLISHES THAT THE RESIDENTIAL PREMISES IS
28 UNINHABITABLE, AS DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION,
29 THE TENANT ESTABLISHES THAT THE LANDLORD HAS NOTICE OF THE
30 UNINHABITABLE CONDITION, AS DESCRIBED IN SUBSECTION (3)(e) OF THIS
31 SECTION, AND:".
32
33 Page 8, strike lines 23 through 25 and substitute:
34
35 "(b) (I) A LANDLORD MAY REBUT THE PRESUMPTION DESCRIBED IN
36 SUBSECTION (3)(a) OF THIS SECTION BY ESTABLISHING, BY A
37 PREPONDERANCE OF THE EVIDENCE, THAT:".
38
39 Page 8, line 26, strike "(I)" and substitute "(A)".
40
41 Page 9, line 3, strike "(II)" and substitute "(B)".
42
43 Page 9, line 6, strike "(III)" and substitute "(C)".
44
45 Page 9, after line 11 insert:
46
47 "(II) A TENANT OTHERWISE HAS THE BURDEN OF PROOF TO
48 ESTABLISH A BREACH OF THE WARRANTY OF HABITABILITY.".
49
50 Page 9, line 13, strike "(3)(b)" and substitute "(3)(b)(I)".
51
52 Page 11, line 11, strike "(3)(b)" and substitute "(3)(b)(I)".
53
54 Page 19, line 13, strike "(3)(b)" and substitute "(3)(b)(I)".
55
56
1 As amended, ordered revised and placed on the Calendar for Third
2 Reading and Final Passage.
3