This bill focuses on protecting tenants, particularly those using housing subsidies, and making landlords more accountable for their practices. Here's a summary of the key points:
1. Eviction and Late Fees:
Notice Requirements: If a landlord initiates an eviction proceeding for nonpayment of rent against a tenant who uses a housing subsidy (called covered tenants), the landlord must comply with federal notice requirements for such tenants.
Late Fees: A landlord cannot charge a covered tenant a late fee that exceeds $20.
2. Warranty of Habitability:
If a tenant proves that the landlord violated the warranty of habitability (i.e., the property is unfit to live in), the landlord must:
Reduce the rent to reflect the reduced fair rental value of the unit.
Reimburse the tenant the difference between the paid rent and the reduced rent amount, even if part or all of the rent was paid through a housing subsidy.
3. Unfair Housing Practices:
The bill removes exemptions for landlords with small rental portfolios (e.g., landlords with 3 or fewer rental units) from certain housing practices.
A landlord is now considered to be committing an unfair housing practice if they:
Fail to respond timely to requests related to rental assistance applications.
Do not cooperate in good faith with tenants applying for rental assistance.
4. Damages for Discrimination:
If a landlord discriminates based on a tenant’s use of a housing subsidy, the court is required to award at least $5,000 in damages to the tenant.
The damages also include any losses the tenant faces, such as the forfeiture of their housing subsidy due to the landlord’s discriminatory actions.
5. Civil Penalties:
In cases of unfair housing practices, such as discrimination against tenants using housing subsidies, the Colorado Civil Rights Commission can impose a minimum civil penalty of $5,000 (with higher penalties for repeat offenders).
The bill aims to ensure fair treatment for tenants, especially those relying on housing subsidies, by holding landlords accountable for discrimination or unfair practices and enforcing clear protections related to eviction, late fees, and housing conditions. It also provides financial remedies for tenants who suffer due to such discrimination.
Summary
The bill requires a landlord who initiates an eviction proceeding
for nonpayment of rent against a tenant to comply with certain notice requirements set forth in federal law for tenants who use housing subsidies (covered tenants).
The bill prohibits a landlord from charging a covered tenant a late
fee in an amount that exceeds $20. Under current law, if a tenant proves as an affirmative defense to
an eviction proceeding that the landlord violated the warranty of habitability, the court must order a reduction in the fair rental value of the dwelling unit and order the landlord to reimburse the tenant any difference in rent between the reduced fair rental value and any greater amount of rent that the tenant paid. The bill states that the landlord must reimburse this amount regardless of whether part or all of the rent was paid by the tenant or by a housing subsidy issued to the tenant.
Current law defines certain acts as unfair housing practices and
exempts a landlord with 3 or fewer rental units from enforcement of several such definitions. Current law also states that a landlord with 5 or fewer single-family rental homes and no more than 5 total rental units is not required to accept federal housing choice vouchers. The bill repeals both of these exemptions. The bill also states that a landlord commits an unfair housing practice if the landlord fails to:
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Make reasonable efforts to timely respond to requests for information and documentation that is necessary for a rental assistance application program; or
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Cooperate with a tenant who is applying for rental assistance in good faith.
Current law allows a person to pursue relief for damages resulting
from a landlord's commission of an unfair housing practice. The bill states that, if a court awards damages to a plaintiff who prevails in such an action, and the violation concerns discrimination on the basis of an individual's use of a housing subsidy, the court shall award at least $5,000 in damages. The bill also states that a calculation of such damages must include consideration of losses that a tenant may incur as a result of the tenant forfeiting their housing subsidy as a result of the landlord discriminating against the tenant based on the tenant's source or amount of income.
Current law provides that, in addition to relief awarded to a tenant
in a private action, the Colorado civil rights commission may order a respondent found to have engaged in an unfair housing practice to pay a civil penalty in an amount that has no minimum and a maximum that varies based on whether the respondent has prior violations. The bill establishes a minimum penalty amount of $5,000 if a person commits any of certain unfair housing violations and the violation concerns discrimination on the basis of an individual's use of a housing subsidy.
