Amendments for HB19-1170
House Journal, February 19
5 HB19-1170 be amended as follows, and as so amended, be referred to
6 the Committee of the Whole with favorable
9 Amend printed bill, page 4, line 22, after "add" insert "(2.3) and".
11 Page 5, line 3, after "received" insert "REASONABLY COMPLETE".
13 Page 5, after line 12 insert:
14 "(2.3) A TENANT WHO GIVES ELECTRONIC NOTICE OF A CONDITION
15 AS DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION SHALL RETAIN
16 SUFFICIENT PROOF OF DELIVERY, INCLUDING BUT NOT LIMITED TO AN
17 ELECTRONIC RECEIPT OF DELIVERY OR A CERTIFICATE OF SERVICE
18 PREPARED BY THE SENDER CONFIRMING THE ELECTRONIC DELIVERY.".
20 Page 5, line 20, after "(4)" insert "(a)".
22 Page 5, strike lines 24 through 27 and substitute "TENANT, SHALL move
23 a PROVIDE THE tenant: to
24 (I) A comparable DWELLING unit, after paying the reasonable
25 costs, actually incurred, incident to the move. AS SELECTED BY THE
26 LANDLORD, AT NO EXPENSE OR COST TO THE TENANT; OR
27 (II) A HOTEL ROOM, AS SELECTED BY THE LANDLORD, AT NO
28 EXPENSE OR COST TO THE TENANT.
29 (b) A LANDLORD IS NOT REQUIRED TO PAY FOR ANY OTHER
30 EXPENSES OF A TENANT THAT ARISE AFTER THE RELOCATION PERIOD. A
31 TENANT CONTINUES TO BE RESPONSIBLE FOR PAYMENT OF RENT UNDER
32 THE RENTAL AGREEMENT DURING THE PERIOD OF ANY TEMPORARY
33 RELOCATION AND FOR THE REMAINDER OF THE TERM OF THE RENTAL
34 AGREEMENT FOLLOWING THE REMEDIATION.".
36 Page 6, strike lines 1 through 4.
38 Page 7, strike line 23 and substitute:
39 "(3) Unless THE RENTAL AGREEMENT PROVIDES otherwise stated
40 in AS PERMITTED BY section 38-12-506, prior to being".
42 Page 7, line 24, strike "BEFORE" and substitute "BEFORE".
44 Page 7, line 27, after "repeal" add "and reenact, with amendments,".
46 Page 8, strike lines 2 through 27 and substitute:
47 "38-12-506. Exception for certain single-family residences.
48 (1) FOR A SINGLE-FAMILY RESIDENCE PREMISES FOR WHICH A LANDLORD
49 DOES NOT RECEIVE A SUBSIDY FROM ANY GOVERNMENTAL SOURCE, A
50 LANDLORD AND TENANT MAY AGREE IN WRITING THAT THE TENANT IS TO
51 PERFORM SPECIFIC REPAIRS, MAINTENANCE TASKS, ALTERATIONS, AND
52 REMODELING NECESSARY TO COMPLY WITH SECTION 38-12-503, SUBJECT
53 TO THE FOLLOWING REQUIREMENTS:
54 (a) THE AGREEMENT OF THE LANDLORD AND TENANT IS ENTERED
55 INTO IN GOOD FAITH AND IS SET FORTH IN A WRITING THAT IS SEPARATE
1 FROM THE RENTAL AGREEMENT, SIGNED BY THE PARTIES, AND SUPPORTED
2 BY ADEQUATE CONSIDERATION; AND
3 (b) THE TENANT HAS THE REQUISITE SKILLS TO PERFORM THE
4 WORK REQUIRED TO COMPLY WITH SECTION 38-12-503 (1).
5 (2) TO THE EXTENT THAT PERFORMANCE BY A TENANT RELATES TO
6 A CHARACTERISTIC SET FORTH IN SECTION 38-12-505 (1), THE TENANT
7 ASSUMES THE OBLIGATION FOR THE CHARACTERISTIC, AND THE LACK OF
8 THE CHARACTERISTIC DOES NOT MAKE THE RESIDENTIAL PREMISES
11 Page 9, strike lines 1 through 14.
13 Page 10, line 26, after "ONE" insert "GOOD-FAITH".
15 Page 11, line 11, after "MORE" insert "GOOD-FAITH".
17 Page 11, line 20, strike "TENANT." and substitute "TENANT AND SHALL
18 COMMENCE WORK TO REPAIR OR REMEDY THE CONDITION AS SOON AS
19 REASONABLY POSSIBLE.".
21 Page 13, strike lines 18 through 25 and substitute:
22 "(X) IF A COURT FINDS THAT A TENANT HAS WRONGFULLY
23 DEDUCTED RENT, THE COURT SHALL AWARD THE LANDLORD AN AMOUNT
24 OF MONEY EQUAL TO THE AMOUNT WRONGFULLY WITHHELD. IF THE COURT
25 FINDS THAT THE TENANT ACTED IN BAD FAITH, THE COURT SHALL AWARD
26 THE LANDLORD POSSESSION OF THE PREMISES AND AN AMOUNT OF MONEY
27 EQUAL TO DOUBLE THE AMOUNT WRONGFULLY WITHHELD.".
29 Page 13, strike lines 26 and 27 and substitute:
31 "(3) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION:
32 (a) IF THE SAME CONDITION THAT SUBSTANTIALLY CAUSED A
33 BREACH OF THE WARRANTY OF HABITABILITY RECURS WITHIN SIX MONTHS
34 AFTER THE CONDITION IS REPAIRED OR REMEDIED, OTHER THAN A BREACH
35 OF SECTION 38-12-505 (1)(b)(I), THE TENANT MAY TERMINATE THE
36 RENTAL AGREEMENT FOURTEEN DAYS AFTER PROVIDING THE LANDLORD
37 WRITTEN OR ELECTRONIC NOTICE OF THE TENANT'S INTENT TO DO SO. THE
38 NOTICE MUST INCLUDE A DESCRIPTION OF THE CONDITION AND THE DATE
39 OF THE TERMINATION OF THE RENTAL AGREEMENT.
40 (b) IF THE SAME CONDITION THAT SUBSTANTIALLY CAUSED A
41 BREACH OF THE WARRANTY OF HABITABILITY RECURS WITHIN SIX MONTHS
42 AFTER THE CONDITION IS REPAIRED OR REMEDIED, AND THE CONDITION IS
43 A BREACH OF SECTION 38-12-505 (1)(b)(I), THE TENANT MAY TERMINATE
44 THE RENTAL AGREEMENT FOURTEEN DAYS AFTER PROVIDING THE
45 LANDLORD WRITTEN OR ELECTRONIC NOTICE OF THE TENANT'S INTENT TO
46 DO SO. THE NOTICE MUST INCLUDE A DESCRIPTION OF THE CONDITION AND
47 THE DATE OF THE TERMINATION OF THE RENTAL AGREEMENT. HOWEVER,
48 IF THE LANDLORD REMEDIES THE CONDITION WITHIN FOURTEEN DAYS
49 AFTER RECEIVING THE NOTICE, THE TENANT MAY NOT TERMINATE THE
50 RENTAL AGREEMENT.".
52 Page 14, strike lines 1 through 6.
House Journal, February 25
32 Amendment No. 1, Public Health Care & Human Services Report, dated
33 February 15, 2019, and placed in member's bill file; Report also printed
34 in House Journal, February 19, 2019.
36 Amendment No. 2, by Representative(s) Weissman.
38 Amend the Public Health Care and Human Services Committee Report,
39 dated February 15, 2019, page 1, strike lines 6 through 8 and substitute
40 "SUFFICIENT PROOF OF DELIVERY.".".
42 Amendment No. 3, by Representative(s) Weissman.
44 Amend printed bill, page 4, strike lines 13 through 20 and substitute:
502 45 "SECTION 3. In Colorado Revised Statutes, amend 38-12-
46 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 (1) "APPLIANCE" MEANS A REFRIGERATOR, RANGE STOVE, OR OVEN
50 THAT IS INCLUDED WITHIN A RESIDENTIAL PREMISES BY A LANDLORD FOR
51 THE USE OF THE TENANT PURSUANT TO THE RENTAL AGREEMENT OR ANY
52 OTHER AGREEMENT BETWEEN THE LANDLORD AND THE TENANT. NOTHING
53 IN THIS SECTION REQUIRES A LANDLORD TO PROVIDE ANY APPLIANCE, AND
54 SECTION 38-12-505 APPLIES TO APPLIANCES SOLELY TO THE EXTENT THAT
55 APPLIANCES ARE PART OF A WRITTEN AGREEMENT BETWEEN THE
1 LANDLORD AND THE TENANT OR ARE OTHERWISE ACTUALLY PROVIDED TO
2 A TENANT BY THE LANDLORD AT THE INCEPTION OF THE TENANT'S
3 OCCUPANCY OF THE RESIDENTIAL PREMISES.
4 (1) (2) "Common areas" means the facilities and appurtenances to
5 a residential premises, including the grounds, areas, and facilities held out
6 for the use of tenants generally or whose use is promised to a tenant.
7 (2) (3) "Dwelling unit" means a structure or the part of a structure
8 that is used as a home, residence, or sleeping place by a tenant.
9 (4) "ELECTRONIC NOTICE" MEANS NOTICE BY ELECTRONIC MAIL OR
10 AN ELECTRONIC PORTAL OR MANAGEMENT COMMUNICATIONS SYSTEM
11 THAT IS AVAILABLE TO BOTH A LANDLORD AND A TENANT.
12 (3) (5) "Landlord" means the owner, manager, lessor, or sublessor
13 of a residential premises.
14 (4) (6) "Rental agreement" means the agreement, written or oral,
15 embodying the terms and conditions concerning the use and occupancy
16 of a residential premises.
17 (5) (7) "Residential premises" means a dwelling unit, the structure
18 of which the unit is a part, and the common areas.
19 (6) (8) "Tenant" means a person entitled under a rental agreement
20 to occupy a dwelling unit to the exclusion of others.".
22 Page 6, strike lines 14 through 16 and substitute:
23 "(I) FUNCTIONING APPLIANCES THAT CONFORMED TO APPLICABLE
24 LAW AT THE TIME OF INSTALLATION AND THAT ARE MAINTAINED IN GOOD
25 WORKING ORDER;".
503 27 Page 10, line 2, strike "38-12-505 (1)" and substitute "38-12-
30 Amendment No. 4, by Representative(s) Weissman.
32 Amend printed bill, page 3, strike line 16.
34 Page 4, strike lines 1 through 12.
36 Renumber succeeding sections accordingly.
38 Page 13, after line 25 insert:
40 "(XI) A TENANT WHO DEDUCTS RENT AS A RESULT OF A BREACH OF
41 THE WARRANTY OF HABITABILITY, WHICH BREACH IS BASED ON A
42 CONDITION DESCRIBED IN SECTION 38-12-505 (1)(b)(I), MAY, IN LIEU OF
43 REPAIRING THE MALFUNCTIONING APPLIANCE, REPLACE THE
44 MALFUNCTIONING APPLIANCE SO LONG AS THE REPLACEMENT APPLIANCE
45 IS AT LEAST OF SUBSTANTIALLY COMPARABLE QUALITY AND HAS
46 SUBSTANTIALLY THE SAME FEATURES AS THE ORIGINAL APPLIANCE.".
48 Page 14, strike lines 21 and 22 and substitute:
509 50 "SECTION 8. In Colorado Revised Statutes, amend 38-12-
51 as follows:".
53 Page 15, line 22, after "action." add "IF A LANDLORD ELECTS TO REPLACE
54 A MALFUNCTIONING APPLIANCE, BUT DOES SO WITH A NEW APPLIANCE
55 THAT IS NOT IDENTICAL TO THE APPLIANCE BEING REPLACED, THERE IS A
1 REBUTTABLE PRESUMPTION IN FAVOR OF THE LANDLORD THAT THE
2 LANDLORD'S SELECTION OF A DIFFERENT APPLIANCE WAS NOT
3 RETALIATORY SO LONG AS THE REPLACEMENT APPLIANCE PROVIDES
4 SUBSTANTIALLY THE SAME FEATURES AS THE ORIGINAL APPLIANCE.".
6 As amended, ordered engrossed and placed on the Calendar for Third
7 Reading and Final Passage.
Senate Journal, March 15
After consideration on the merits, the Committee recommends that HB19-1170 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
Amend reengrossed bill, page 5, strike lines 24 through 26 and substitute:
"(2.3) A TENANT WHO GIVES A LANDLORD ELECTRONIC NOTICE OF
A CONDITION SHALL SEND SUCH NOTICE ONLY TO THE E-MAIL ADDRESS,
PHONE NUMBER, OR ELECTRONIC PORTAL SPECIFIED BY THE LANDLORD IN
THE RENTAL AGREEMENT FOR COMMUNICATIONS. IN THE ABSENCE OF
SUCH A PROVISION IN THE RENTAL AGREEMENT, THE TENANT SHALL
COMMUNICATE WITH THE LANDLORD IN A MANNER THAT THE LANDLORD
HAS PREVIOUSLY USED TO COMMUNICATE WITH THE TENANT. THE TENANT
SHALL RETAIN SUFFICIENT PROOF OF DELIVERY OF THE ELECTRONIC
Page 7, line 2, after "THE" insert "RESIDENTIAL".
Page 8, line 17, after "THE" insert "RESIDENTIAL".
Page 10, line 4, after "leased" insert "RESIDENTIAL".
Page 10, line 5, before "premises" insert "RESIDENTIAL".
Page 13, strike lines 6 through 14 and substitute "OR MORE RENT
PAYMENTS IF THE RESIDENTIAL PREMISES:
(A) SATISFIES THE REQUIREMENTS FOR A LOW-INCOME HOUSING
CREDIT PURSUANT TO 26 U.S.C. SEC. 42;
(B) WAS CONSTRUCTED, ACQUIRED, DEVELOPED, OR
REHABILITATED WITH FUNDING PROVIDED PURSUANT TO SECTION 8 OR 9
OF THE FEDERAL "UNITED STATES HOUSING ACT OF 1937", AS AMENDED,
CODIFIED AT 42 U.S.C. SECS. 1437f AND 1437g;
(C) WAS CONSTRUCTED, ACQUIRED, DEVELOPED, OR
REHABILITATED WITH FUNDING PROVIDED FROM THE HOME INVESTMENT
PARTNERSHIPS PROGRAM OF THE FEDERAL DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT; OR
(D) INCLUDES UNITS THAT WERE CONSTRUCTED WITH FUNDING
PROVIDED BY ANY FEDERAL OR STATE PROGRAM THAT RESTRICTS
MAXIMUM RENTS FOR PERSONS OF LOW OR MODERATE INCOME AND THAT
CURRENTLY HAS A RECORDED LAND USE RESTRICTION THAT IS
MONITORED BY A FEDERAL, STATE, COUNTY, OR MUNICIPAL AGENCY TO
Page 13, line 22, after the second "THE" insert "RESIDENTIAL".
Page 16, after line 25 insert:
"SECTION 9. In Colorado Revised Statutes, amend 38-12-801
38-12-801. Written rental agreement - copy - tenant. (1) If
there is a written rental agreement, then the landlord shall provide the
tenant with a copy of the agreement that is signed by the landlord and the
tenant, no later than the seventh day after the tenant has signed the
agreement. A landlord may provide the tenant with an electronic copy of
the agreement, unless the tenant requests a paper copy, in which case the
landlord shall provide the tenant with a paper copy.
(2) A WRITTEN RENTAL AGREEMENT MUST INCLUDE A STATEMENT
INDICATING TO THE TENANT THE NAME AND ADDRESS OF THE PERSON
WHO IS THE LANDLORD OR THE LANDLORD'S AUTHORIZED AGENT. IF THE
IDENTITY OF A LANDLORD OR A LANDLORD'S AUTHORIZED AGENT
CHANGES, THE NEW LANDLORD OR AUTHORIZED AGENT, NOT LATER THAN
ONE BUSINESS DAY AFTER SUCH CHANGE, SHALL:
(a) PROVIDE EACH TENANT OF THE LANDLORD WRITTEN OR
ELECTRONIC NOTICE OF THE CHANGE; OR
(b) POST THE IDENTITY OF THE NEW LANDLORD OR NEW
AUTHORIZED AGENT IN A CONSPICUOUS LOCATION ON THE RESIDENTIAL
Renumber succeeding sections accordingly.
Senate Journal, March 22
HB19-1170 by Representative(s) Jackson and Weissman; also Senator(s) Williams A. and Bridges--
Concerning increasing tenant protections relating to the residential warranty of habitability.
Amendment No. 1, Local Government Committee Amendment.
(Printed in Senate Journal, March 15, pages 478-479 and placed in members' bill files.)
Amendment No. 2(L.024), by Senator Williams.
Amend reengrossed bill, page 5, strike lines 22 and 23 and substitute:
"(II) NINETY-SIX HOURS, WHERE THE CONDITION IS AS DESCRIBED
IN SUBSECTION (2)(a)(I) OF THIS SECTION AND THE TENANT HAS INCLUDED
WITH THE NOTICE PERMISSION TO THE LANDLORD OR TO THE LANDLORD'S
AUTHORIZED AGENT TO ENTER THE RESIDENTIAL PREMISES.".
Page 11, line 8, strike "TWO" and substitute "FOUR".
Page 11, line 22, strike "TWO" and substitute "FOUR".
Amendment No. 3(L.027), by Senator Williams.
Amend reengrossed bill, page 5, line 6, strike "(2.3) and (2.5)" and
substitute "(2.2), (2.3), and (2.5)".
Page 5, line 7, strike "A" and substitute "EXCEPT AS DESCRIBED IN
SUBSECTION (2.2) OF THIS SECTION, a".
Page 5, after line 23 insert:
"(2.2) IN A CASE IN WHICH A RESIDENTIAL PREMISES HAS MOLD
THAT IS ASSOCIATED WITH DAMPNESS, OR THERE IS ANY OTHER
CONDITION CAUSING THE RESIDENTIAL PREMISES TO BE DAMP, WHICH
CONDITION, IF NOT REMEDIED, WOULD MATERIALLY INTERFERE WITH THE
LIFE, HEALTH, OR SAFETY OF A TENANT, A LANDLORD BREACHES THE
WARRANTY OF HABITABILITY IF THE LANDLORD FAILS:
(a) WITHIN TWENTY-FOUR HOURS, TO MITIGATE IMMEDIATE RISK
FROM MOLD BY INSTALLING A CONTAINMENT, STOPPING ACTIVE SOURCES
OF WATER TO THE MOLD, AND INSTALLING A HIGH-EFFICIENCY
PARTICULATE AIR FILTRATION DEVICE TO REDUCE TENANTS' EXPOSURE TO
(b) TO MAINTAIN THE CONTAINMENT DESCRIBED IN SUBSECTION
(2.2)(a) OF THIS SECTION UNTIL THE ACTIONS DESCRIBED IN SUBSECTION
(2.2)(c) OF THIS SECTION ARE EXECUTED; AND
(c) WITHIN A REASONABLE AMOUNT OF TIME, TO EXECUTE THE
FOLLOWING REMEDIAL ACTIONS TO REMOVE THE HEALTH RISK POSED BY
(I) ESTABLISH APPROPRIATE PROTECTIONS FOR WORKERS AND
(II) ELIMINATE OR LIMIT MOISTURE SOURCES AND DRY ALL
(III) DECONTAMINATE OR REMOVE DAMAGED MATERIALS AS
(IV) EVALUATE WHETHER THE PREMISES HAS BEEN SUCCESSFULLY
(V) REASSEMBLE THE PREMISES TO CONTROL SOURCES OF
MOISTURE AND NUTRIENTS AND THEREBY PREVENT OR LIMIT THE
RECURRENCE OF MOLD.".
Amendment No. 4(L.028), by Senator Williams.
Amend reengrossed bill, page 4, after line 24 insert:
"(6) "MOLD" MEANS MICROSCOPIC ORGANISMS OR FUNGI THAT
CAN GROW IN DAMP CONDITIONS IN THE INTERIOR OF A BUILDING.".
Renumber succeeding subsections accordingly.
Page 5, lines 12 and 13, strike "is materially dangerous or hazardous to"
and substitute "is materially dangerous or hazardous to INTERFERES
Page 7, line 4, strike "TENANT;" and substitute "TENANT, EXCLUDING THE
PRESENCE OF MOLD THAT IS MINOR AND FOUND ON SURFACES THAT CAN
ACCUMULATE MOISTURE AS PART OF THEIR PROPER FUNCTIONING AND