A Bill for an Act
Page 1, Line 101Concerning the enforcement of existing landlord-tenant
Page 1, Line 102law.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Section 1 of the bill clarifies that the attorney general has the power to initiate and bring civil and criminal actions to enforce certain state landlord-tenant laws. Section 2 makes corresponding conforming amendments to the attorney general's statutory powers and duties.
Sections 3 and 4 grant counties, cities and counties, and municipalities the power to initiate and bring civil and criminal actions to enforce certain state landlord-tenant laws.
Section 5 establishes a receivership mechanism that is available as a remedy for violations of applicable laws and regulations by the owner of multifamily residential property. The attorney general's office, a county, a city and county, and a municipality may all apply to a district court for the appointment of a receiver to operate a residential property. The bill establishes the process for a district court appointing a receiver, including requiring a hearing and an order of appointment that specifies the duties of a receiver, and the criteria for qualifying as a receiver. No sooner than 180 days after the district court appoints a receiver, the owner of the relevant property, attorney general, county, city and county, or municipality may submit an application to the district court seeking the termination of the receivership. As with the appointing of a receiver, the bill establishes the process by which a district court may terminate a receivership.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 13-40-110.5, add (6) as follows:
Page 2, Line 313-40-110.5. Automatic suppression of court records -
Page 2, Line 4definition. (6) In addition to the persons described in subsections
Page 2, Line 5(1) and (5) of this section, a court shall allow a person to access
Page 2, Line 6a suppressed court record if the person affirms to the court, in
Page 2, Line 7writing or electronically, that the person is accessing the
Page 2, Line 8suppressed court record on behalf of the attorney general for
Page 2, Line 9the purpose of investigating any violation of state law that the
Page 2, Line 10attorney general is authorized to enforce pursuant to section24-31-101 (1)(i).
Page 2, Line 11SECTION 2. In Colorado Revised Statutes, 24-31-101, amend
Page 2, Line 12(1)(i)(XXII); and add (1)(i)(XXIV), (1)(i)(XXV), (1)(i)(XXVI), and (5) as follows:
Page 2, Line 1324-31-101. Powers and duties of attorney general. (1) The
Page 2, Line 14attorney general:
Page 3, Line 1(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:
Page 3, Line 2(XXII) Part 14 of article 12 of title 38;
andPage 3, Line 3(XXIV) Beginning January 1, 2026, part 4 of article 12 of title 38;
Page 3, Line 4(XXV) Beginning January 1, 2026, part 8 of article 12 of title 38; and
Page 3, Line 5(XXVI) Beginning January 1, 2026, part 10 of article 12 of title 38.
Page 3, Line 6(5) The attorney general shall conduct enforcement
Page 3, Line 7actions authorized by Senate Bill 25-020, if any, within existing appropriations.
Page 3, Line 8SECTION 3. In Colorado Revised Statutes, 24-31-115, amend
Page 3, Line 9(4)(a) introductory portion, (5)(a), (6)(b), (8)(a) introductory portion, (8)(a)(III), (8)(b), and (9) as follows:
Page 3, Line 1024-31-115. Housing unit - powers of attorney general or
Page 3, Line 11district attorney - subpoenas - document production - remedies -
Page 3, Line 12injunctive relief - penalties. (4) Powers. (a) When the attorney general
Page 3, Line 13has reasonable cause to believe that any person, whether in this state or
Page 3, Line 14elsewhere, has engaged in or is engaging in a violation of any of the
Page 3, Line 15provisions listed in section 24-31-101,
(1)(i)(IX) to (1)(i)(XIV),Page 3, Line 16(5) Subpoenas - production of documents. (a) When the
Page 3, Line 17attorney general has reasonable cause to believe that a person, whether in
Page 3, Line 18this state or elsewhere, has engaged in or is engaging in a violation of any
Page 3, Line 19of the provisions listed in section 24-31-101,
(1)(i)(IX) to (1)(i)(XIV),Page 3, Line 20attorney general, in addition to any other powers conferred upon the
Page 4, Line 1attorney general by this article 31, may issue subpoenas to require the
Page 4, Line 2attendance of witnesses or the production of documents, administer oaths,
Page 4, Line 3conduct hearings in aid of any investigation or inquiry, and prescribe such
Page 4, Line 4forms and promulgate such rules as may be necessary to administer the provisions of this article 31.
Page 4, Line 5(6) Inadmissible testimony. (b) Subject to subsection (8) of this
Page 4, Line 6section, the records of investigations or intelligence information of the
Page 4, Line 7attorney general obtained under this article 31 may constitute public
Page 4, Line 8records available for inspection by the public at the sole discretion of the
Page 4, Line 9attorney general. This subsection (6)(b) shall not be construed to prevent
Page 4, Line 10the attorney general from issuing public statements describing or warning
Page 4, Line 11of any course of conduct or any conspiracy that constitutes a violation of
Page 4, Line 12any of the provisions listed in section 24-31-101,
(1)(i)(IX) to (1)(i)(XIV),Page 4, Line 13(8) Injunctive authority - assurances of discontinuance.
Page 4, Line 14(a) Whenever the attorney general has cause to believe that a person has
Page 4, Line 15engaged in or is engaging in a violation of any of the provisions listed in
Page 4, Line 16section 24-31-101,
(1)(i)(IX) to (1)(i)(XIV),Page 4, Line 17apply for and obtain, in an action in the appropriate district court of this
Page 4, Line 18state, a temporary restraining order or injunction, or both, pursuant to the
Page 4, Line 19Colorado rules of civil procedure, prohibiting the person from continuing
Page 4, Line 20or engaging in such practices, or doing any act in furtherance of such
Page 4, Line 21practices. The court may make such orders or judgments as is necessary to:
Page 4, Line 22(III) Prevent any unjust enrichment by any person through the use
Page 4, Line 23or employment of any practice that is in violation of any of the provisions
Page 4, Line 24listed in section 24-31-101.
(1)(i)(IX) to (1)(i)(XIV).Page 5, Line 1(b) Where the attorney general has authority to institute a civil
Page 5, Line 2action or other proceeding pursuant to the provisions of this article, the
Page 5, Line 3attorney general may accept, in lieu thereof or as a part thereof, an
Page 5, Line 4assurance of discontinuance of any practice that constitutes a violation of
Page 5, Line 5any of the provisions that are listed in section 24-31-101.
(1)(i)(IX) toPage 5, Line 6
(1)(i)(XIV).Page 5, Line 7stipulation for the voluntary payment by the alleged violator of the costs
Page 5, Line 8of investigation and the costs of any action or proceeding by the attorney
Page 5, Line 9general or a district attorney and any amount necessary to restore to any
Page 5, Line 10person any money or property that may have been acquired by the alleged
Page 5, Line 11violator by means of a violation of any of the provisions that are listed in
Page 5, Line 12section 24-31-101.
(1)(i)(IX) to (1)(i)(XIV).Page 5, Line 13discontinuance accepted by the attorney general and any such stipulation
Page 5, Line 14filed with the court as a part of any such action or proceeding is a matter
Page 5, Line 15of public record unless the attorney general determines, in the attorney
Page 5, Line 16general's sole discretion, that the assurance of discontinuance and any
Page 5, Line 17stipulation are confidential to the parties to the action or proceeding and
Page 5, Line 18to the court and its employees. Upon the filing of a civil action by the
Page 5, Line 19attorney general alleging that a confidential assurance of discontinuance
Page 5, Line 20or stipulation accepted pursuant to this subsection (8)(b) has been
Page 5, Line 21violated, the assurance of discontinuance or stipulation is deemed a public
Page 5, Line 22record and open to inspection by any person. Proof by a preponderance
Page 5, Line 23of the evidence of a violation of any such assurance or stipulation
Page 5, Line 24constitutes prima facie evidence of a deceptive trade practice for the
Page 5, Line 25purposes of any civil action or proceeding brought thereafter by the
Page 5, Line 26attorney general, whether a new action or a subsequent motion or petition
Page 5, Line 27in any pending action or proceeding.
Page 6, Line 1(9) Penalties. In order to enforce the provisions of this article 31,
Page 6, Line 2in addition to any penalties stated in this article 31, the attorney general
Page 6, Line 3may seek any of the penalties or other enforcement mechanisms specified
Page 6, Line 4in
the "Immigrant Tenant Protection Act", part 12 of article 12 of title 38;Page 6, Line 5
the "Mobile Home Park Act", part 2 of article 12 of title 38; the "MobilePage 6, Line 6
Home Park Act Dispute Resolution and Enforcement Program", part 11Page 6, Line 7
of article 12 of title 38; part 1 of article 12 of title 38; part 7 of article 12Page 6, Line 8
of title 38; and section 38-12-904 (1)(b)Page 6, Line 9including any penalties available to aggrieved tenants or other
Page 6, Line 10aggrieved persons under these provisions, along with costs to enforce these provisions.
Page 6, Line 11SECTION 4. In Colorado Revised Statutes, 30-11-101, add (1)(m) and (3) as follows:
Page 6, Line 1230-11-101. Powers of counties. (1) Each organized county
Page 6, Line 13within the state is a body corporate and politic and as such is empowered for the following purposes:
Page 6, Line 14(m) Independently initiating and bringing civil actions to enforce:
Page 6, Line 15(I) Parts 1, 2, 5, 7, 9, 11, 12, and 14 of article 12 of title 38; and
Page 6, Line 16(II) Beginning January 1, 2026, parts 4, 8, and 10 of article 12 of title 38.
Page 6, Line 17(3) (a) Notwithstanding any law to the contrary, a
Page 6, Line 18contract between a county and a private attorney who the
Page 6, Line 19county retains in relation to a civil action described in
Page 6, Line 20subsection (1)(m) of this section shall specify an hourly rate,
Page 6, Line 21not to exceed five hundred dollars per hour, at which the county compensates the private attorney.
Page 7, Line 1(b) A county may use an amount equal to or less than ten
Page 7, Line 2percent of any monetary award received as a result of a civil or
Page 7, Line 3criminal action commenced pursuant to subsection (1)(m) of this
Page 7, Line 4section to cover the costs of that civil action, including attorney fees.
Page 7, Line 5(c) In commencing a civil action pursuant to subsection
Page 7, Line 6(1)(m) of this section, a county may confer with any housing
Page 7, Line 7authority created pursuant to title 29 that serves the county in whole or in part.
Page 7, Line 8SECTION 5. In Colorado Revised Statutes, 31-15-401, add (1)(r) and (2) as follows:
Page 7, Line 931-15-401. General police powers. (1) In relation to the general
Page 7, Line 10police power, the governing bodies of municipalities have the following powers:
Page 7, Line 11(r) May independently initiate and bring civil actions to enforce:
Page 7, Line 12(I) Parts 1, 2, 5, 7, 9, 11, 12, and 14 of article 12 of title 38; and
Page 7, Line 13(II) Beginning January 1, 2026, parts 4, 8, and 10 of article 12 of title 38.
Page 7, Line 14(2) (a) Notwithstanding any law to the contrary, a
Page 7, Line 15contract between a municipality and a private attorney who the
Page 7, Line 16county retains in relation to a civil action described in
Page 7, Line 17subsection (1)(r) of this section shall specify an hourly rate, not
Page 7, Line 18to exceed five hundred dollars per hour, at which the
Page 7, Line 19municipality compensates the private attorney.
Page 8, Line 1(b) A municipality may use an amount equal to or less
Page 8, Line 2than ten percent of any monetary award received as a result of
Page 8, Line 3a civil action commenced pursuant to subsection (1)(r) of this
Page 8, Line 4section to cover the costs of that civil action, including attorney fees.
Page 8, Line 5(c) In commencing a civil action pursuant to subsection
Page 8, Line 6(1)(r) of this section, a municipality may confer with any housing
Page 8, Line 7authority created pursuant to title 29 that serves the municipality in whole or in part.
Page 8, Line 8SECTION 6. In Colorado Revised Statutes, add 38-12-513 as follows:
Page 8, Line 938-12-513. Receivership of residential housing - definition.
Page 8, Line 10(1) The purpose of this section is to establish a receivership
Page 8, Line 11mechanism that will be available as a remedy for violations of
Page 8, Line 12applicable laws and regulations by the landlord of multifamily
Page 8, Line 13residential property. The duties of a receiver are to achieve the
Page 8, Line 14purposes of this part 5 pursuant to section 38-12-501, to ensure
Page 8, Line 15that multifamily residential property is fit for human
Page 8, Line 16habitation as required by Section 38-12-503 (1), and to ensure
Page 8, Line 17that the multifamily residential property complies with all
Page 8, Line 18county or municipal public health codes or municipal ordinances
Page 8, Line 19regulating public health and safety that apply to multifamily residential property.
Page 8, Line 20(2) The following parties may apply to the district court
Page 8, Line 21for the appointment of a receiver to operate a multifamily residential property:
Page 8, Line 22(a) The attorney general, when the attorney general has
Page 9, Line 1reasonable cause to believe that any person, whether in this
Page 9, Line 2state or elsewhere, has engaged in or is engaging in a pattern of
Page 9, Line 3neglect in connection with the multifamily residential property;and
Page 9, Line 4 (b) A county, city and county, or municipality, when
Page 9, Line 5the county, city and county, or municipality has reasonable
Page 9, Line 6cause to believe that any person, whether in this state or
Page 9, Line 7elsewhere, has engaged in or is engaging in a pattern of neglect in connection with the multifamily residential property.
Page 9, Line 8(c) As used in this subsection (2), unless the context
Page 9, Line 9otherwise requires, "pattern of neglect" means evidence that a
Page 9, Line 10person has maintained the multifamily residential property in a
Page 9, Line 11state of disrepair that constitutes a threat to the health,
Page 9, Line 12safety, or security of the tenants or the public. A threat to the health, safety, or security of the tenants includes:
Page 9, Line 13(I) A vermin or rat infestation;
(II) Filth or contamination;
Page 9, Line 14(III) Inadequate ventilation, illumination, sanitary, heating, or life safety facilities;
Page 9, Line 15(IV) Inoperative fire suppression or warning equipment;
(V) Inoperative doors or window locks; and
Page 9, Line 16(VI) Any other condition that constitutes a hazard to tenants, occupants, or the public.
Page 9, Line 17(3) (a) A petitioner seeking the appointment of a receiver
Page 9, Line 18pursuant to this section must file an application with the
Page 9, Line 19district court for the county or city and county where the
Page 9, Line 20multifamily residential property is located.
Page 10, Line 1(b) (I) The district court shall not hold a hearing
Page 10, Line 2concerning an application for the appointment of a receiver
Page 10, Line 3pursuant to this section sooner than three business days after
Page 10, Line 4the following parties have been served with notice thereof, as provided in the Colorado rules of civil procedure:
Page 10, Line 5(A) The landlord of the multifamily residential property;
Page 10, Line 6(B) Any lessee or mortgagee of the multifamily
Page 10, Line 7residential property, except that the failure to serve any such
Page 10, Line 8party whose name and address are not available to the
Page 10, Line 9petitioner does not preclude the court from holding the hearing
Page 10, Line 10or invalidating the proceeding so long as the notice is posted at the property;
Page 10, Line 11(C) The cityor town in which the multifamily residential property is located;
Page 10, Line 12(D) The county or city and county in which the multifamily residential property is located;
Page 10, Line 13(E) The attorney general's office;
(F) The department of local affairs; and
Page 10, Line 14(G) If the multifamily residential property is subject to a
Page 10, Line 15form of local, state, or federal government subsidy or support
Page 10, Line 16or other government assistance that has a recorded use
Page 10, Line 17covenant upon the property, the provider of that subsidy, support, or other government assistance.
Page 10, Line 18(II) In providing notice pursuant to subsection (3)(b)(I) of this section, a party does not have to provide notice to itself.
Page 10, Line 19(III) A petitioner seeking the appointment of a receiver
Page 10, Line 20pursuant to this section must conspicuously post notice of the
Page 11, Line 1petition on and around the relevant multifamily residential
Page 11, Line 2property. This notice shall include the phone number and email
Page 11, Line 3address of the petitioner. The petitioner is strongly encouraged
Page 11, Line 4to post the notice in languages other than English, if the
Page 11, Line 5petitioner is aware that those languages are spoken by the property's tenants.
Page 11, Line 6(c) An application for appointment of a receiver pursuant
Page 11, Line 7to this subsection (3) has precedence and priority over any civil
Page 11, Line 8or criminal case pending in the district court where the application is filed.
Page 11, Line 9(4) (a) The district court's appointment of a receiver
Page 11, Line 10pursuant to this section shall be in accordance with and governed by rule 66 of the Colorado rules of civil procedure.
Page 11, Line 11(b) To appoint a receiver pursuant to this section, the district court must find that:
Page 11, Line 12(I) Grounds for the appointment of a receiver exist due to
Page 11, Line 13a finding by the district court, based on a preponderance of the
Page 11, Line 14evidence, supporting the relevant claims in an application
Page 11, Line 15submitted by a party pursuant to subsection (2) of this section; and
Page 11, Line 16(II) Proper notice as required by subsection (3) of this section has been served.
Page 11, Line 17(c) A receiver appointed by the district court pursuant to
Page 11, Line 18this section must be a person with knowledge and experience in
Page 11, Line 19the operation, maintenance, and improvement of residential
Page 11, Line 20housing. The receiver must be financially and legally
Page 11, Line 21independent of the multifamily residential property's ownership
Page 12, Line 1or management. The district court may also require that the
Page 12, Line 2receiver post a bond with adequate sureties as determined by the court.
Page 12, Line 3(d) In appointing a receiver pursuant to this section, the
Page 12, Line 4district court must hold a hearing, at which time the parties may appear and be heard.
Page 12, Line 5(e) Following the hearing described in subsection (4)(d) of
Page 12, Line 6this section, if the court appoints a receiver, the court must
Page 12, Line 7enter an order of appointment that specifies the duties and
Page 12, Line 8responsibilities of the receiver, which must include that the receiver:
Page 12, Line 9(I) Within thirty days of being appointed by the district
Page 12, Line 10court, submit a plan to the district court for the remediation of
Page 12, Line 11any violations of this part 5, other than a violation of section
Page 12, Line 1238-12-503 (5), a county or city and county public health code, or a municipal ordinance;
Page 12, Line 13(II) Take the actions necessary to ensure that the
Page 12, Line 14multifamily residential property is no longer in violation of this
Page 12, Line 15part 5, other than a violation of section 38-12-503 (5), a county or city and county public health code, or a municipal ordinance;
Page 12, Line 16(III) No later than every thirty days after being
Page 12, Line 17appointed by the district court, submit an accounting and status
Page 12, Line 18report to the district court, which must include actions that
Page 12, Line 19have been completed and actions that are still ongoing to
Page 12, Line 20achieve compliance with this part 5, a county or city and county public health code, or a municipal ordinance; and
Page 12, Line 21(IV) At the end of the receivership, as described in
Page 13, Line 1subsection (8) of this section, submit a final accounting and
Page 13, Line 2status report to the court, which must include actions that
Page 13, Line 3have been completed and actions that are still ongoing to
Page 13, Line 4achieve compliance with this part 5, a county or city and county public health code, or a municipal ordinance.
Page 13, Line 5(5) (a) A receiver appointed by the district court pursuant to this section has the power to:
Page 13, Line 6(I) Remediate any violation by the multifamily residential
Page 13, Line 7property of this part 5, other than a violation of section
Page 13, Line 838-12-503 (5), a county or city and county public health code, or a municipal ordinance;
Page 13, Line 9(II) As necessary to accomplish the remediation and compliance described in subsection (5)(a)(I) of this section:
Page 13, Line 10(A) Enter into new contracts;
(B) Borrow money;
Page 13, Line 11(C) Secure funds by granting liens upon the multifamily residential property; and
Page 13, Line 12(D) Receive rent from tenants of the multifamily residential property; and
Page 13, Line 13(III) Exercise any other powers deemed necessary by the
Page 13, Line 14district court and not inconsistent with rule 66 of the Colorado rules of civil procedure.
Page 13, Line 15(b) The receiver's fees established in the district court's
Page 13, Line 16order of appointment entered pursuant to subsection (4)(e) of
Page 13, Line 17this section may only be covered by money that the receiver raises pursuant to subsection (5)(a)(II)(C) of this section.
Page 13, Line 18(c) In exercising its powers pursuant to this subsection (5),
Page 14, Line 1a receiver is not required to employ standard public bidding practices and may:
Page 14, Line 2(I) Carry out executory contracts;
(II) Enter into new contracts;
Page 14, Line 3(III) Borrow money;
(IV) Mortgage or pledge property;
Page 14, Line 4(V) Sell assets at public or private sale;
(VI) Make and receive conveyances in the corporate name;
Page 14, Line 5(VII) Lease real estate;
(VIII) Settle or compromise claims;
Page 14, Line 6(IX) Commence and prosecute all actions and proceedings necessary to enable liquidation; and
Page 14, Line 7(X) Distribute assets either in cash or in kind among
Page 14, Line 8members according to their respective rights after paying or adequately providing for the payment of liabilities.
Page 14, Line 9(6) The receiver shall perform duties, assume
Page 14, Line 10responsibilities, and preserve the multifamily residential
Page 14, Line 11property in accordance with established principles of law for receivers of real property.In so doing, the receiver:
Page 14, Line 12(a) Shall perform their duties in a way that minimizes, to
Page 14, Line 13the greatest extent possible, further disruption of the multifamily residential property's tenants;
Page 14, Line 14(b) Shall communicate, at least once a week, in a manner
Page 14, Line 15reasonably calculated to be received by the multifamily
Page 14, Line 16residential property's tenants, such as by conspicuously posting
Page 14, Line 17communications on and around the property or on the property's
Page 14, Line 18online tenant portal, concerning what measures the receiver is
Page 15, Line 1taking to bring the property into compliance with a county or
Page 15, Line 2city and county public health code, or a municipal ordinance
Page 15, Line 3and otherwise bringing the property into compliance with this part 5;
Page 15, Line 4(c) Shall first apply rents received pursuant to
Page 15, Line 5subsection (5)(a)(II)(D) of this section toward the payment of any utilities or services for the multifamily residential property;
Page 15, Line 6(d) After applying rents received pursuant to subsection
Page 15, Line 7(5)(a)(II)(D) of this section as described in subsection (6)(c) of this
Page 15, Line 8section, shall apply rents received pursuant to subsection
Page 15, Line 9(5)(a)(II)(D) of this section toward the cost of remediating any
Page 15, Line 10violation by the multifamily residential property of this part 5,
Page 15, Line 11other than a violation of section 38-12-503 (5), a county or city
Page 15, Line 12and county public health code, or a municipal ordinance and
Page 15, Line 13otherwise bringing the property into compliance with this part 5;
Page 15, Line 14(e) After applying rents received pursuant to subsection
Page 15, Line 15(5)(a)(II)(D) of this section as described in subsection (6)(d) of this
Page 15, Line 16section, shall apply rents received pursuant to subsection
Page 15, Line 17(5)(a)(II)(D) of this section for purposes reasonably necessary in
Page 15, Line 18the ordinary course of business of the multifamily residential
Page 15, Line 19property, including maintenance and upkeep of the property; mortgages, or other debts; and payment of the receiver's fees;
Page 15, Line 20(f) Has a fiduciary duty to the owner of the multifamily
Page 15, Line 21residential property to maintain and preserve the property so
Page 15, Line 22long as the violation by the multifamily residential property of
Page 15, Line 23this part 5, other than a violation of section 38-12-503 (5), is addressed, and owes a duty to the property's residents;
Page 16, Line 1(g) Shall not initiate a forcible entry or detainer action
Page 16, Line 2or proceeding related to the nonpayment of before the beginning of the receivership;
Page 16, Line 3(h) May initiate a forcible entry or detainer action or
Page 16, Line 4proceeding related to the nonpayment of rent that occurs during the receivership; and
Page 16, Line 5(i) Shall not increase rents, fees, or costs charged to the
Page 16, Line 6the multifamily residential property's tenants beyond the
Page 16, Line 7levels of the rents, fees, and costs charged when the court appointed the receiver.
Page 16, Line 8(7) Nothing in this section prevents the court from
Page 16, Line 9altering or amending the terms and conditions of the
Page 16, Line 10receivership or the receiver's responsibilities and duties
Page 16, Line 11following a hearing, at which time the parties may appear and be
Page 16, Line 12heard, and nothing in this section prohibits the parties from
Page 16, Line 13stipulating to the terms and conditions of the receivership and
Page 16, Line 14the responsibilities and duties of the receiver, including the
Page 16, Line 15duration thereof, which stipulation must be submitted to the court for approval.
Page 16, Line 16(8) (a) No sooner than ninety days after the district court
Page 16, Line 17has appointed a receiver for a multifamily residential property,
Page 16, Line 18any of the following may submit an application to the district court seeking the termination of the receivership:
Page 16, Line 19(I) The landlord of the multifamily residential property;
Page 16, Line 20(II) Any lessee of the entire multifamily residential
Page 16, Line 21property;
(III) The attorney general's office;
Page 17, Line 1(IV) The city or town in which the multifamily residential property is located; and
Page 17, Line 2(V) The county or city and county in which the multifamily residential property is located.
Page 17, Line 3(b) A district court may only terminate a receivership if it:
Page 17, Line 4(I) Receives an application to terminate the receivership pursuant to subsection (8)(a) of this section;
Page 17, Line 5(II) Finds that terminating a receivership is in the public
Page 17, Line 6interest and in the best interest of the multifamily residential property's tenants; and
Page 17, Line 7(III) Finds that the landlord, operator, or manager of the multifamily residential property has:
Page 17, Line 8(A) Demonstrated that it will carry out, in the time frame
Page 17, Line 9most recently approved by the court pursuant to subsection (4)
Page 17, Line 10or (7) of this section, any remaining actions identified by the
Page 17, Line 11receiver as necessary to ensure that the multifamily residential
Page 17, Line 12property is no longer in violation of this part 5, other than a
Page 17, Line 13violation of section 38-12-503 (5), a county or city and county public health code, or a municipal ordinance;
Page 17, Line 14(B) Paid or deposited with the district court any money
Page 17, Line 15necessary for the receiver to complete their duties pursuant to this section;
Page 17, Line 16(C) Agreed to assume all legal obligations, including
Page 17, Line 17debt or liens, incurred by the receiver in connection with the
Page 17, Line 18receivership of the multifamily residential property;
Page 18, Line 1(D) Paid any costs incurred by the receiver in
Page 18, Line 2connection with the receivership of the multifamily residential property; and
Page 18, Line 3(E) Posted a bond with the district court in an amount
Page 18, Line 4determined by the district court and equal to not more than
Page 18, Line 5fifty percent of the fair market value of the multifamily
Page 18, Line 6residential property, which bond is forfeited in the event of
Page 18, Line 7future violation by the multifamily residential property of this
Page 18, Line 8part 5, other than a violation of section 38-12-503 (5), a county
Page 18, Line 9or city and county public health code, or a municipal ordinance
Page 18, Line 10and failure to bring the multifamily residential property into
Page 18, Line 11compliance with this part 5, county or city and county public
Page 18, Line 12health codes, and municipal ordinances, and which bond is
Page 18, Line 13released when the actions, obligations, and indebtedness
Page 18, Line 14identified in this subsection (8)(b)(III) are completed or otherwise satisfied.
Page 18, Line 15(c) Notwithstanding subsection (8)(b) of this section, the
Page 18, Line 16district court may terminate the receivership upon a finding
Page 18, Line 17that the receiver has completed its work and that all
Page 18, Line 18violations by the multifamily residential property of this part
Page 18, Line 195, other than a violation of section 38-12-503 (5), a county or
Page 18, Line 20city and county public health code, or a municipal ordinance
Page 18, Line 21have been remedied and the multifamily residential property has
Page 18, Line 22been brought into compliance with this part 5, county or city and county public health codes, and municipal ordinances.
Page 18, Line 23(d) Upon a finding that the landlord of the multifamily
Page 18, Line 24residential property has not complied with any of the conditions
Page 19, Line 1identified in subsection (8)(b)(III) of this section, the district court may reappoint the receiver.
Page 19, Line 2(e) After terminating the receivership pursuant to this subsection (8), the district court:
Page 19, Line 3(I) May appoint the receiver, or another qualified entity
Page 19, Line 4that satisfies the requirements of a receiver established in
Page 19, Line 5subsection (4)(c) of this section, to monitor the landlord's
Page 19, Line 6operation and maintenance of the multifamily residential property;
Page 19, Line 7(II) Shall order a final accounting and finally fix the fees
Page 19, Line 8and expenses of the receiver following a hearing, at which time the parties may appear and be heard; and
Page 19, Line 9(III) Shall require the receiver to communicate in a
Page 19, Line 10manner reasonably calculated to be available to the
Page 19, Line 11multifamily residential property's tenants, such as by
Page 19, Line 12conspicuously posting communications on and around the
Page 19, Line 13property or on the property's online tenant portal, that the
Page 19, Line 14receivership has been terminated and the name, phone number,
Page 19, Line 15and email address of the owner, manager, or other entity that
Page 19, Line 16will assume the responsibility of making the property compliant
Page 19, Line 17with this part 5, a county or city and county public health code, or a municipal ordinance.
Page 19, Line 18(9) Notwithstanding anything in this section to the contrary:
Page 19, Line 19(a) Nothing in this section relieves the landlord of the
Page 19, Line 20multifamily residential property of any civil or criminal
Page 19, Line 21liability or any duty imposed by reason of acts or omissions of
Page 20, Line 1the landlord, nor does the district court's appointment of a
Page 20, Line 2receiver suspend any obligation the landlord of the multifamily
Page 20, Line 3residential property or any other person may have for payment
Page 20, Line 4of taxes, any operating or maintenance expenses, or mortgages or liens, or for repair of the multifamily residential property;
Page 20, Line 5(b) A receiver appointed by a district court pursuant to
Page 20, Line 6this section is liable for injuries to persons and property to the
Page 20, Line 7same extent as the landlord of the multifamily residential
Page 20, Line 8property would have been liable; except that, such liability is
Page 20, Line 9limited to the assets and income of the receivership, including
Page 20, Line 10any proceeds of insurance purchased by the receiver in its capacity as receiver;
Page 20, Line 11(c) A receiver is not personally liable for actions or inactions within the scope of the receiver's capacity as receiver;
Page 20, Line 12(d) Only a suit approved by the district court that appoints the receiver may be brought against the receiver;
Page 20, Line 13(e) Nothing in this section limits the right of tenants to
Page 20, Line 14seek a remedy for a violation of this part 5, other than a
Page 20, Line 15violation of section 38-12-503 (5), including a breach of the
Page 20, Line 16warranty of habitability, that occurred before the appointment of a receiver pursuant to this section;
Page 20, Line 17(f) Nothing in this section limits the powers of any home
Page 20, Line 18rule municipality to enact ordinances or otherwise safeguard
Page 20, Line 19the health, safety, and welfare of residents of multifamily residential properties; and
Page 20, Line 20(g) Nothing in this section limits the right of tenants to
Page 20, Line 21raise any counterclaims or defenses in any summary process or other action regarding possession brought by a receiver.
Page 21, Line 1SECTION 7. Act subject to petition - effective date. This act
Page 21, Line 2takes effect at 12:01 a.m. on the day following the expiration of the
Page 21, Line 3ninety-day period after final adjournment of the general assembly; except
Page 21, Line 4that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 21, Line 5of the state constitution against this act or an item, section, or part of this
Page 21, Line 6act within such period, then the act, item, section, or part will not take
Page 21, Line 7effect unless approved by the people at the general election to be held in
Page 21, Line 8November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.