Concerning protections for residential tenants, and, in connection therewith, prohibiting a landlord from considering certain information relating to a prospective tenant’s income or rental history, establishing a maximum amount that a landlord can require as a security deposit, allowing tenants to pay security deposits in installments, and allowing a tenant to assert as an affirmative defense in an eviction proceeding that a landlord violated anti-discriminatory housing laws.
Section 1 of the bill restricts a landlord from considering or inquiring about certain information relating to a prospective tenant’s rental history, amount of income, and credit history. Section 1 also requires a landlord who solicits and accepts rental applications for the rental of a residential premises to rent to the first prospective tenant who applies and satisfies the landlord’s financial and other rental screening criteria. A landlord must keep records of when rental applications are received and provide a time-stamped receipt to any prospective tenant who submits a rental application and requests such a receipt.Section 2 defines the terms “amount of income” and “housing subsidy” for the purposes of the bill.Section 3 states that a landlord who violates any of the bill’s new prohibitions is subject to an initial penalty of $50, to be paid to the aggrieved party. A landlord who does not cure the violation is also subject to a statutory penalty of $5,000, to be paid to the aggrieved party in addition to the initial penalty and any economic damages, court costs, and attorney fees.Sections 1 and 4 establish that a violation of any of the bill’s new prohibitions is an unfair housing practice subject to enforcement by private persons, the attorney general, and the Colorado civil rights division.Section 5 requires a landlord to allow a tenant to pay a security deposit in monthly installments over a period that is equal to half the term of the tenancy. Section 5 also prohibits a landlord from requiring a tenant to submit a security deposit in an amount that exceeds the amount of one monthly rent payment under the rental agreement.Sections 6 and 7 establish that a tenant who alleges that the tenant’s landlord has violated or is in violation of any state laws concerning unfair housing practices has an affirmative defense against an eviction action.
Read the full bill here.