Safe Housing for Residential Tenants Bill Clears Committee
Legislation aims to improve accountability under current law
DENVER, CO – The Senate Local Government & Housing Committee today passed legislation that would update existing law to ensure tenants have access to safe housing and timely repairs when unsafe conditions arise.
Colorado’s current “warranty of habitability” law requires landlords to maintain a minimum standard of housing – however, in practice most renters suffering from unsafe living conditions don’t receive the repairs they need due to easily-exploited loopholes in the law.
“We have a 'Warranty of Habitability' standard in Colorado to make sure our communities are living in safe housing, but unfortunately the law is not working as intended,” said Gonzales. “I hear from constituents suffering from unsafe conditions who are not able to get the issue fixed and don’t have access to any other relief – everything from infestations, no heating or cooling for extended periods of time, and fear and intimidation tactics that prevent tenants from taking action. It is beyond time for us to update and clarify the statute, and I’m thankful to my colleagues for moving this forward today.”
“Loopholes in existing law are keeping Coloradans in unsafe living conditions, such as homes with mold, sewage leaks, or rodent infestations,”
Exum said.“It’s time for Colorado to update these standards so tenants can have secure housing that is better suited to live, work, or raise a family.”
SB24-094, sponsored by Senators Julie Gonzales, D-Denver, and Tony Exum, D-Colorado Springs, would modify existing warranty of habitability laws by:
Ensuring that notice of health or safety issues can be given to the landlord in many forms and clarifying that landlords are responsible for taking appropriate action once the notice is given.
Closing the timeframe loophole by setting deadlines for a landlord to complete necessary repairs: 14 days for many issues and seven days for more serious conditions that deal with life, safety, or health.
Clarifying the process for arranging alternative lodging pending the completion of a necessary repair.
Updating policies that allow for appropriate cooling in extreme heat, like ensuring landlords fix cooling units when they break, and allowing tenants to install their own cooling devices.
Clarifying the current process by which a tenant may withhold rent, pursue a court order demanding compliance with the law, or otherwise seek monetary damages.
Additional changes include updating the civil process initiated by landlords or tenants regarding breaches, prohibiting landlords from retaliating against tenants, and provisions focused on children, older adults, and those with disabilities.
The bill now heads to the Senate floor. Follow its progress HERE.