Legislators and advocates have long sought improvements to a basic housing standards law that has been in place since 2008.
Colorado’s state legislature approved a measure that aims to improve living conditions for renters by closing “loopholes” that make it difficult to request repairs from landlords.
The warranty of habitability law in Colorado has been in place for years, setting basic housing standards for landlords. Despite this, lawmakers and advocates for fair housing have said that the 2008 statute should be improved in order for residents to request action for serious issues such as mold and sewage leaks.
In Senate Bill 94, lawmakers passed a law requiring landlords to repair most issues within 14 days, including repairing loose tiles and making sure trash pickups are adequate.
“Governor Polis appreciates the work of the sponsors, and is committed to reducing housing costs for Coloradans,” Shelby Wieman, a spokesperson for the Governor’s Office, wrote in an email to The Colorado Sun. “The Governor’s Office will review the final version of the bill when it reaches his desk.”
Landlords would be given seven days to resolve more serious conditions that could endanger a person’s life, safety, or health. The list includes gas leaks, malfunctioning heating systems, inadequate running water, and pest infestations.
Currently, landlords are required to make reasonable efforts to commence repairs but are not required to actually complete the repairs.
Tenant associations are popping up across the state, but residents are overwhelmed by the demand for help navigating substandard living conditions at a time when evictions are at an all-time high. A tenant advocacy group in Denver recently closed its hotline because it was overwhelmed with requests.
Legislators and housing advocates have questioned whether Colorado’s warranty of habitability law is working as intended. According to them, the law fails to protect residents from extreme heat and other issues such as broken doors, windows, and elevators. According to Zach Neumann, executive director of the Community Economic Defense Project, children, older adults, migrants, people with disabilities, others with chronic illnesses and renters with low incomes are most affected.
Lawmakers approved a bill to ensure that residents will know they can notify their landlord about health and safety concerns via written or verbal notice. As part of the measure, landlords are required to arrange alternate lodging while repairs are completed, and residents may seek monetary damages or a court order to demand compliance.
One provision of the bill will require the landlord to hold on to all documents related to requests made under the Warranty of Habitability, throughout the duration of the tenant’s lease, and up to a year afterward.
A previous version of Senate Bill 94 included a clause allowing residents to withhold rent until repairs were made. After landlord organizations lobbied against it, it was removed.
“That is unfortunate,” Cohn added. “But I still think there are a lot of new elements that are in this bill that will be helpful to tenants and will enable them to take action on their own.”
The Colorado Apartment Association opposed the bill, arguing it would lead to increased costs for maintenance and litigation, which in turn would lead to higher rents across the state, Destiny Bossert, manager of government affairs at the association, wrote in an email to The Colorado Sun.
“Such drastic and impractical changes are not the answer,” she wrote. “The Colorado Apartment Association remains committed to collaborating with legislators to develop balanced, practical solutions that serve the interests of both housing providers and residents — unfortunately, this proposed policy does not meet that standard.”
Tenant organizing
Denver doesn’t have a long history of tenant organizing, and residents rely on limited legal aid resources when they have issues that need repairs in their homes, she said.
Senate Bill 94 passed the House by a 40-20 vote.
