2019 Colorado Legislative Session

The 2019 Colorado legislature has passed several bills concerning housing and real estate.  Here’s the updated list of bills that became laws in 2019.

HB19-1098: Deeds To Convey Real Property

Concerning deeds for the conveyance of real property, and, in connection therewith, establishing requirements for title insurance entities that prepare deeds and establishing forms for the preparation of deeds in certain circumstances.

Signed into Law

Has resulted in change to real estate contract form

HB19-1106: Rental Application Fees

Concerning the rental application process for prospective tenants.

  • Application fee must be used to cover landlord’s costs in processing application
  • All fees must be consistent across tenants
  • Must be fee disclosure to tenant
  • Must reimburse unused portion of fee within 20 days
  • Rental or Credit history capped at 7 years.
  • Criminal history capped at 5 years, except offenses related to meth, sex offender registration, homicide.
  • Must provide written notice of denial.
  • Violations = 3X Application Fee, plus court costs. Correction or cure of violation within 7 days after receiving notice will exonerate the landlord.

Signed into Law

Effective August 2, 2019

HB19-1118: Time Period To Cure Lease Violation

Concerning the time allowed for a tenant to cure a lease violation that is not a substantial violation. Current law requires a landlord to provide a tenant 3 days to cure a violation for unpaid rent or any other condition or covenant of a lease agreement. 

  • Changes 3 day notice to 10 day notice.
  • 10 day applies to violation as well as holdover notice to quit.
  • Doesn’t apply to nonresidential or employer housing leases.

Signed into Law

Effective May 20, 2019

HB19-1228: Increase Tax Credit Allocation Affordable Housing

Concerning an increase in the aggregate amount of the tax credits that the Colorado housing and finance authority may allocate in a calendar year under the Colorado affordable housing tax credit. 

  • Currently, Colorado housing and finance authority (CHFA) may allocate tax credits in an aggregate amount up to $5 million annually.
  • Aggregate amount would be increased to $10 million.

Signed into Law

Effective September 1, 2019

HB19-1170: Residential Tenants Health And Safety Act

Concerning increasing tenant protections relating to the residential warranty of habitability.

  • Notice of uninhabitable condition requires LL response with 24 hours for dangerous or hazardous conditions and 96 hours when premises otherwise uninhabitable. Must commence remedial action.
  • Written notice can now be “electronic.”
  • LL must provide alternative housing for imminently hazardous conditions, at LL expense.
  • Allows tenant to deduct rent to repair or remedy.
  • Expands list of uninhabitable conditions to:
    1. Lack of functional appliances
    2. Mold associated with dampness, or condition where dampness could materially interfere with health and safety of tenant.
  • Tenant can terminate with 14 days notice for repeat problems (except for appliances).

Signed into Law

Effective May 20, 2019

HB19-1322: Expand Supply Affordable Housing

Concerning the use of money from certain state funds to expand the supply of affordable housing statewide.

Pulls money from unclaimed property fund to the division of housing.

Signed into Law
Effective August 2, 2019

HB19-1319: Incentives Developers Facilitate Affordable Housing

Concerning incentives to assist land developers in providing affordable housing statewide, and, in connection therewith, identifying non-developed land owned by the state that could be developed for affordable housing purposes and making modifications to the administration of an existing property tax exemption that applies to certain affordable housing developments.

•  Requires state agencies to provide list of property that could be developed and to update that list on public website.

• Modifies existing property tax exemptions that apply to certain affordable housing developments.

Signed into Law
Effective September 1, 2019

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