New Law Will Reduce Automatic, “No-Show” Default Evictions
HB23-1186 allows Coloradans to participate in eviction proceedings remotely, reducing the number of default evictions of tenants unable to participate in person
DENVER, CO – Governor Polis today signed HB23-1186, sponsored by Representatives Mandy Lindsay and Iman Jodeh and Senators Tony Exum and Sonya Jaquez Lewis, which will reduce default evictions by allowing Coloradans to participate in hearings remotely.
“This new law will help nearly 8,000 Coloradans avoid no-show, default evictions and make it easier for working families without reliable transportation to attend their eviction proceedings,” said Rep. Mandy Lindsay, D-Aurora. “Right now, Coloradans who can’t attend eviction proceedings in person automatically receive a default eviction judgment, which goes on their record and can be a barrier to future housing opportunities. By allowing Coloradans to participate in hearings remotely, more lower income and vulnerable people will avoid losing their homes and instead will have another shot at retaining the housing security they need to thrive.”
“We’re working hard to make sure more Coloradans can find and stay in homes, and this new law to provide improved protections for folks facing evictions is a big step towards that goal,” Senator Tony Exum, Sr., D-Colorado Springs, said. “Breaking down barriers to participation in eviction proceedings will make it easier for Coloradans to defend themselves and avoid being evicted simply for not being able to attend a hearing.”
“Coloradans will soon be able to attend eviction hearings remotely, removing often insurmountable barriers that can make it impossible for some Coloradans facing eviction to have their fair day in court,” said Rep. Iman Jodeh, D-Aurora. “From lack of child care options or unreliable transportation to work obligations, there are many reasons why someone might not be able to attend their eviction hearing in person. These burdens predominantly fall on lower income and vulnerable Coloradans–disproportionately people of color. This new law will reduce no-show rates, prevent automatic default judgments, and prevent the displacement of Coloradans who can least afford to lose their homes.”
“Colorado is in the midst of a housing crisis, and it’s critical we do everything we can to alleviate it and keep folks housed,” said Senator Sonya Jaquez Lewis, D-Longmont. “There are lots of reasons someone may be forced to miss their eviction proceedings, including lack of transportation or child care or a sudden emergency - but that doesn’t mean they should be evicted. This new law will prevent no-shows, improve accessibility, and keep more Coloradans housed.”
HB23-1186 allows individuals in residential eviction cases to participate in county court proceedings remotely. Under this law, individuals must communicate with the courts if they would like to participate in their hearing remotely or in-person 48-hours before their hearing. HB23-1186 aims to improve accessibility for attending eviction proceedings especially for those living in rural areas, Coloradans with disabilities and those with additional circumstances that make it difficult to take time off work.
Data collected from courts in other states shows that by expanding ways to participate in eviction cases reduces “no-show” rates and improves court procedures. HB23-1186 is expected to decrease the number of Coloradans with a no-show default eviction by over 7,800.