Colorado Landlord Tenant Laws for 2024

May Legislative Update

Happy End of the Session, everyone!  When you read this, our 2024 Regular Legislative Session will have ended, finally!  Once again, I have to give a huge THANK YOU! to everyone who testified, participated in a Call to Action, or otherwise was active on our couple large bills this year.  The fights were hard, and we didn’t get everything we wanted, but the end product was, by and large, much better than where it started.  Looking ahead, this is an election year, so if you didn’t like how the legislative body worked this year, make sure you vote for a change!

Here is a brief summary of the bills that we were watching, and where they are now.  This is just a summary, and not an all-inclusive breakdown of each bill.  If you want more information on any single bill, please email me at samantha@coloradorpm.com and I’ll be happy to discuss any of these with you.  Otherwise, please don’t forget to register for May’s luncheon, starring our very favorite attorney, Ken Davidson!  He’s sure to have great information for us about where we go from here.

Samantha Santee

Legislative Chair

HB24-1007: Prohibit Residential Occupancy Limits - PASSED, SIGNED INTO LAW, effective 7/1/2024.

• Prohibits local governments from limiting the number of people who may live in a single dwelling based on familial relationship.
• Local governments still retain the authority to set occupancy limits only on
  • Demonstrated health and safety standards (building codes, fire codes, etc.) or
  • Affordable housing program guidelines

HB24-1014: Deceptive Trade Practice Significant Impact Standard - KILLED BY SENATE JUDICIARY COMMITTEE

HB24-1051: Towing Carrier Regulation

Summary of Changes:

2019 to 2024 Colorado PUC Towing Rules:

1. Prohibition on Acting as Agent: Towing carriers cannot act as agents for property owners for nonconsensual tows.
2. Written Authorization Required: All nonconsensual tows require documented, signed authorization.
3. No Financial Benefit for Property Owners: Property owners cannot financially benefit from nonconsensual tows performed by their authorized carrier.
4. Vehicle Return Requirement: Vehicles towed in violation of statutory rights must be returned within 48 hours.
5. Updated Signage Requirements: New signage requirements for clarity and bilingual printing.
6. Vehicle Retrieval for $60.00 or 15% of Tow Bill: Vehicle owners can retrieve their vehicle for $60.00 or 15% of the tow bill, with the remaining balance due within 90 days.

Additional Changes with Pending Implementation of HB24-1051:

1. Denying or Refusing Permits based on Additional Criteria: Introduces additional criteria for denying or refusing permits, such as repeated violations and fraudulent practices.
2. Additional Reporting Requirements: Expands reporting requirements to include more detailed financial and operational information.
3. Increased Penalties for Violations: Imposes increased penalties for violations, especially for repeat offenders and serious violations.
4. Expanded Vehicle Retrieval Options: Provides further options for vehicle retrieval, potentially including additional partial payment options.
5. Enhanced Consumer Protection Measures: Implements enhanced measures to ensure fair treatment of vehicle owners and accountability for towing carriers

HB24-1057: Prohibit Algorithmic Devices Used for Rent Setting - KILLED BY DISAGREEMENT BETWEEN HOUSE AND SENATE- two different versions of the bill were passed, and the Senate and House could not agree on a version to move forward on.

HB24-1091: Fire-Hardened Building Materials in Real Property - PASSED 3/12/2024, EFFECTIVE 3/12/2024

• Prohibits HOAs from prohibiting the installation, use, or maintenance of fire-hardened building materials on a unit owner’s property
• Prohibits HOAs from adopting any provision in the declaration, bylaws, or rules and regulations that prohibit the installation, use, or maintenance of fire-hardened building materials on a unit owner’s property
  • Except that, an HOA may develop standards that impose reasonable restrictions on the design, dimensions, placement, or external appearance of fire-hardened building materials used for fencing

HB24-1098: Cause Required for Eviction of Residential Tenant - PASSED, SIGNED INTO LAW 4/19/2024, EFFECTIVE 4/19/2024

• Summary shared in previous newsletter, go read that!

HB24-1175: Local Government Rights to Property for Affordable Housing - FATE UNDETERMINED AS OF 5/6/2024

• Would give the right of first refusal or offer to local governments on any qualifying property
  • Offer must be economically identical to any other offer a seller receives and is willing to accept on the qualifying property
• If the local government provides notice to a seller that the government may exercise its right of first refusal, the residential seller shall not proceed with the sale of the property to any other party and the local government shall have a right to make an offer on the property

HB24-1259: Price Gouging in Rent Declared Disaster - PASSED 4/19/2024, EFFECTIVE ONCE THE GOVERNOR SIGNS

• Makes price gouging in rent an unfair and unconscionable act or practice when, during a disaster period and within the designated area if a disaster declaration specifically declares a material decrease in residential housing units, the person engages in price gouging in the provision of or offer to provide rent-based housing
  • Disaster declaration is
    • A national emergency by the President of the United States
    • A disaster emergency by the Governor
  • Disaster period means the date a disaster declaration begins and continuing for one year after the date of the initial disaster
• Price gouging is defined as an increase in rent of more than 10%

HB24-1318: Modify Rental Premises Person with Disability - PASSED, EFFECTIVE 8/6/2024

• Removes the ability to require a tenant pay for a reasonable modification as a condition of approving the modification
• Removes the ability to require a tenant to restore the interior of the property as a condition of approving the modification
• Does not require that the property owner pay for the modification, or pay to restore the interior of the property

SB24-094: Safe Housing for Residential Tenants - PASSED 4/9/2024, EFFECTIVE LAW 5/3/2024 BY GOVERNOR’S SIGNATURE

• Adds air conditioner, permanent cooling device, or portable cooling device to list of appliances
• A landlord breaches the warranty of habitability if a residential premises is
  • Uninhabitable as described in section 38-12-505 or
  • In a condition that materially interferes with the tenant’s life, health, or safety and
    • The landlord has notice of the condition and
    • Has failed to commence remedial action after having notice
      • 24 hours where the condition materially interferes with the tenant’s life, health, or safety
      • 72 hours where the residential premises are uninhabitable
    • Has commenced remedial action with the appropriate period, but failed to continue performing the remedial action as needed until the condition was remedied or repaired
    • Has failed to completely remedy or repair the condition within a reasonable time
• A tenant has the burden of proof to establish a breach of the warranty of habitability
• If the condition materially interferes with the tenant’s life health, or safety, remedial action must include a landlord providing the tenant, at the request of the tenant and within twenty-four hours after the request
  • A comparable dwelling unit, as selected by the landlord, at no cost to the tenant or
  • A hotel room, as selected by the landlord, at no cost to the tenant
    • Must include at least the same number of beds as there are used in the tenant’s dwelling unit
  • If a tenant requires the comparable unit or hotel room for more than forty-eight hours
    • The unit or hotel must include a fridge with a freezer and a range stove or oven or
    • The landlord must provide a per diem for daily meals and incidentals for each tenant in an amount that is at least equal to the CO state employee per diem for intrastate travel as established by the Department of Personnel.
    • There are distance requirements and guidelines for the hotel or comparable unit
  • Landlord is also responsible for reasonable costs that are incurred due to the tenant’s relocation, including storage and transportation
  • The landlord is required to provide the hotel for up to sixty consecutive days
    • The landlord is relieved of the obligation if
      • The landlord determines that the condition at the property cannot be remedied or repaired within 60 days due to circumstances outside the landlord’s reasonable control
      • The landlord provides the tenant, at the earliest opportunity, written notice that specifies
        • The condition cannot be remedied or repaired within 60 days
        • The date the landlord will no longer pay for the hotel
        • That the tenant may terminate their lease with no liability or penalty and
        • The landlord returns the tenant’s full security deposit on or before the date required by the lease
• A landlord must contact the tenant not more than 24 hours after receiving a notice
  • Must indicate the landlord’s intentions to remedy or repair the condition, including an estimate of when the action will start and finish
  • Inform the tenant of the landlord’s responsibilities and obligations, including the obligation to provide a hotel or comparable unit
  • Provide at least 24 hours’ notice of entry, except in an event where the condition threatens an individual’s life, health, or safety, or threatens to cause substantial and material damage to the premises
• Adds cooling devices to list of habitability issues
• On and after 1/1/2025:
  • Every rental agreement between a landlord and tenant must include a statement in at least 12-point, bold-face 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 seeking to enjoy the tenant’s right to safe and healthy housing
  • Every rental agreement between a landlord and tenant must include a statement in English and Spanish in at least 12-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
  • If a landlord provides a tenant with an online portal or platform, the landlord must post in a conspicuous place in the portal or platform a statement in English and Spanish that states an address where a tenant can mail or deliver written notice and an email or accessible online portal or platform where a tenant can deliver notice
• Adds an inoperable elevator when the tenant has a disability that prevents the tenant from being able to use the stairs to access the dwelling unit and there are no other operable elevators
• A tenant must still pay rent, even while staying in a hotel or other comparable unit