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Colorado Legislature Update: April 30, 2019

The Colorado legislature has passed, and is considering, several bills concerning housing and real estate.  Here’s a list of what’s passed and what’s pending as of April 30, 2019.  Check back for a complete update once the 2019 session ends.

Passed Bills

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

Will likely result in change to real estate contract

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.

Waiting for Governor Signature

Effective Upon Signature

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.

Waiting for Governor Signature

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).

Waiting for Governor Signature

Effective Upon Signature

Bills Pending

SB19-225: Authorize Local Governments To Stabilize Rent

Concerning the ability of local governments to stabilize rents on private residential property.

Repeals existing statutory language prohibiting counties or municipalities (local governments) from enacting any ordinance or resolution that would control rent on either private residential property or a private residential housing unit10 day applies to violation as well as holdover notice to quit.

Under Consideration

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.

Under Consideration

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.

Under Consideration

HB19-1328: Landlord And Tenant Duties Regarding Bed Bugs

Concerning bed bugs in residential premises, and, in connection therewith, establishing duties for landlords and tenants in addressing the presence of bed bugs.

•  Tenant must notify landlord in writing of bed bugs.
•  Within 96 hours of notice, LL shall inspect.
•  If there are bed bugs LL responsible for treating (landlord pays)
• Tenant must reasonably allow access for inspection and treatment and must comply.
•  Non-compliant tenant can be responsible for costs of treatment.
•  Restrictions on removing personal property that may be contaminated

Under Consideration

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