October 4, 2021

No. Governor Polis’ Executive Order 125 is was in effect until September 5, 2021, requiring landlords to serve 30-day rent demands in scenarios where either the tenant or the landlord has applied for rental assistance, in addition to providing DOLA FAQs to tenants.

This order was in effect and thought to be extended since Colorado has doled out only 7.4 percent of its federal rental assistance.

What did the new Supreme Court Ruling mean, and what was its immediate effect on evictions?

The Director of the Centers for Disease Control and Prevention (CDC) had imposed a nationwide moratorium on evictions of any tenants who make certain declarations of financial need. The U.S. District Court for the District of Columbia issued an Order overturning the CDC eviction order on the grounds that it is unlawful. But the District Court stayed its judgment while the Government pursued an appeal. The Supreme Court in a 6-3 ruling vacated the stay, making the District Court's judgment enforceable. Accordingly, the Supreme Court has now held that the CDC eviction moratorium is unlawful and unenforceable. 

In issuing its rulings, the Supreme court stated that “the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”

Please view the Supreme Court case here. 

Focus on Rental Assistance

It is time to focus on much-needed rental assistance. Colorado tenants and landlords who have faced financial hardship caused by COVID-19 may be eligible for rental assistance from their county or the State. Click here to find more information on the Colorado Emergency Rental Assistance Program (ERAP).

Eligible applicants can receive assistance to help cover rent as far back as April 2020. Help can include past due, current, and two additional months of rent up to a maximum of 15 months of assistance.

The landlord or the tenant can start the application process, but receiving assistance requires documentation from both the tenant and the landlord.

Resource: Tschetter Sulzer Attorneys & Counselors At Law

Bill Summary

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Bill History

The mission of the Colorado Landlord Legislative Coalition (CLLC) is to empower Landlords and Property Managers from all over Colorado. The CLLC promotes involvement in the legislative process by offering a means to collaborate and negotiate with legislators while educating policymakers about the single-family and small multi-family rental housing industry. The Colorado Landlord Legislative Coalition aspires to create positive change for those that provide housing for others and in turn the renters of Colorado.

Lyle Haas, Owner of Colorado Realty and Property Management, Inc., is the co-founder of CLLC.

Laws for Landlords has become the resource providing helpful information regarding legislation and the laws affecting Landlords, Tenants, and Housing Industry Professionals to use on a regular basis

Lyle Haas, Owner of Colorado Realty and Property Management, Inc., is the founder of Laws For Landlords.