Bill Detail: SB23-184

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Title Protections For Residential Tenants
Status Governor Signed (06/06/2023)
Bill Subjects
  • Housing
House Sponsors M. Froelich (D)
L. Garcia (D)
Senate Sponsors F. Winter (D)
T. Exum Sr. (D)
House Committee Transportation, Housing and Local Government
Senate Committee Local Government and Housing
Date Introduced 03/09/2023

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
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.

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