House Bill 26-1047 Introduced

A Bill for an Act

• Page 1, Line 101Concerning protections for residential tenants, and, in

• Page 1, Line 102connection therewith, requiring a plaintiff that files

• Page 1, Line 103a complaint regarding the unlawful detention of real

• Page 1, Line 104property to include certain information with the

• Page 1, Line 105complaint; requiring court records of certain eviction

• Page 1, Line 106actions to remain suppressed; requiring a landlord to

• Page 1, Line 107include certain information in, and to redact personal

• Page 1, Line 108identifying information from, a written demand or

• Page 1, Line 109notice; and requiring a landlord to provide a tenant at

• Page 1, Line 110least one rent payment option that does not require

• Page 1, Line 111the tenant to access an online portal or pay a

• Page 1, Line 112transaction fee.

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.)

The bill requires a plaintiff that files a complaint concerning the unlawful detention of real property to include certain documentation with the complaint.

The bill requires that if a landlord posts a written demand or notice, the landlord must:

• Include in the demand or notice certain information; and
• Redact from the document certain personal identifying information.

Under current law, when a landlord commences an action for forcible entry and detainer, any court record of the action is a suppressed court record. If the court issues an order granting the landlord possession of the premises, the record is no longer a suppressed court record unless the parties agree that the record remain suppressed. Under the bill, such a court record remains suppressed unless it concerns a substantial violation of the lease. A court may publish a judicial opinion concerning the action if the names and identifiers of the parties are anonymized.

The bill requires a landlord to provide a tenant at least one rent payment option that does not require the tenant to access an online portal or pay a transaction fee.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly

• Page 2, Line 3finds that:

• Page 2, Line 4(a)  Access to stable and affordable housing is a fundamental right

• Page 2, Line 5and essential to an individual's dignity, security, and ability to thrive, and

• Page 2, Line 6eviction practices that are opaque or unfair undermine this foundation for

• Page 2, Line 7thousands of Colorado residents;

• Page 2, Line 8(b)  Evictions and threats of eviction create destabilizing

• Page 2, Line 9consequences for individuals and families, including negative health

• Page 2, Line 10impacts, increased housing costs, diminished housing quality, loss of

• Page 3, Line 1community, and heightened long-term housing insecurity;

• Page 3, Line 2(c)  Evictions result not only in the loss of a home but also the loss

• Page 3, Line 3of possessions, employment stability, and educational continuity for

• Page 3, Line 4children, and an eviction record can prevent families from relocating to

• Page 3, Line 5decent and affordable housing in safer neighborhoods; and

• Page 3, Line 6(d)  Protecting the dignity of tenants throughout the eviction

• Page 3, Line 7process is essential to a fair and functional housing system and necessary

• Page 3, Line 8to reduce the deep and lasting harms caused by displacement.

• Page 3, Line 9(2)  The general assembly also finds that:

• Page 3, Line 10(a)  Colorado has seen a significant rise in eviction filings in recent

• Page 3, Line 11years, with approximately 31,500 filings in 2024 and more than 50,000

• Page 3, Line 12filings in 2025, including roughly 32,000 nonpayment-of-rent cases and

• Page 3, Line 13nearly 13,000 lease-violation cases, revealing a landscape in which

• Page 3, Line 14residents with low incomes, seniors, and working families face increasing

• Page 3, Line 15risk of displacement;

• Page 3, Line 16(b)  Eviction filings disproportionately affect Coloradans with

• Page 3, Line 17limited financial resources and those without reliable access to online

• Page 3, Line 18banking, electronic payment systems, or legal assistance, deepening

• Page 3, Line 19existing inequities;

• Page 3, Line 20(c)  Tenants navigating the judicial system without legal

• Page 3, Line 21representation are far more likely to lose their housing, in part because

• Page 3, Line 22they lack awareness of their procedural and substantive rights and the

• Page 3, Line 23information necessary to defend themselves effectively;

• Page 3, Line 24(d)  Many tenants do not understand how to access or interpret the

• Page 3, Line 25documents underlying their eviction case, making the process less

• Page 3, Line 26transparent, less navigable, and more likely to produce avoidable and

• Page 3, Line 27life-altering hardship;

• Page 4, Line 1(e)  Ensuring that tenants and landlords have timely access to the

• Page 4, Line 2documents that give rise to an eviction, including the lease, rent ledger,

• Page 4, Line 3and any evidence of alleged violations, allows both parties to understand

• Page 4, Line 4the nature of the dispute from the outset;

• Page 4, Line 5(f)  Requiring landlords to provide these key documents early in

• Page 4, Line 6the process promotes fairness, reduces unsupported filings, and improves

• Page 4, Line 7communication, efficiency, and accuracy in resolving housing disputes;

• Page 4, Line 8(g)  When an eviction concludes and a final judgment is entered in

• Page 4, Line 9favor of the landlord, it is in the state's interest that the court records of

• Page 4, Line 10the eviction remain suppressed because public access to eviction filings,

• Page 4, Line 11even after final judgment, creates long-term barriers to securing safe and

• Page 4, Line 12stable housing;

• Page 4, Line 13(h)  Publishing anonymized judicial opinions in eviction cases

• Page 4, Line 14strengthens transparency and consistency in Colorado's housing laws and

• Page 4, Line 15expands access to legal precedent for the public, advocates, and courts;

• Page 4, Line 16and

• Page 4, Line 17(i)  Distinguishing evictions involving substantial lease violations

• Page 4, Line 18from other types of evictions in record-suppression policies protects

• Page 4, Line 19tenants from long-term harm while preserving transparency in matters

• Page 4, Line 20that implicate community safety.

• Page 4, Line 21(3)  The general assembly also finds that:

• Page 4, Line 22(a)  Reliable, accessible, and affordable rent payment methods are

• Page 4, Line 23critical to preventing avoidable eviction filings and maintaining stable

• Page 4, Line 24housing;

• Page 4, Line 25(b)  Many low-income households, seniors, rural residents, and

• Page 4, Line 26residents who are disabled lack reliable broadband access, preventing

• Page 4, Line 27them from using online or app-based payment systems that landlords

• Page 5, Line 1increasingly require;

• Page 5, Line 2(c)  Requiring tenants to pay rent exclusively online or through

• Page 5, Line 3systems that impose fees creates financial strain, increases the likelihood

• Page 5, Line 4of missed payments, and leads to preventable eviction filings; and

• Page 5, Line 5(d)  Requiring landlords to provide at least one free, nonelectronic

• Page 5, Line 6method of rent payment ensures that all tenants can meet their obligations

• Page 5, Line 7reliably and without facing technological or financial barriers.

• Page 5, Line 8(4)  Therefore, the general assembly declares that it is essential to:

• Page 5, Line 9(a)  Ensure transparent, dignified, and fair eviction proceedings for

• Page 5, Line 10all tenants and landlords;

• Page 5, Line 11(b)  Suppress court records of eviction proceedings in order to

• Page 5, Line 12protect tenants from long-term housing barriers;

• Page 5, Line 13(c)  Distinguish evictions for substantial lease violations from

• Page 5, Line 14other types of evictions in record-suppression policies; and

• Page 5, Line 15(d)  Guarantee that all tenants, regardless of income, technological

• Page 5, Line 16access, or familiarity with the legal system, have access to court records,

• Page 5, Line 17legal precedent, and reliable, free rent payment options in order to

• Page 5, Line 18promote stable homes and thriving communities across the state.

• Page 5, Line 19SECTION 2.  In Colorado Revised Statutes, 13-40-106, add (5)

• Page 5, Line 20and (6) as follows:

• Page 5, Line 2113-40-106.  Written demand.

• Page 5, Line 22(5) (a)  The demand or notice required by section 13-40-104

• Page 5, Line 23or 38-12-1303 must include:

• Page 5, Line 24(I)  A copy of the lease if the property is occupied pursuant

• Page 5, Line 25to a written lease; and

• Page 5, Line 26(II)  For a demand relating to the alleged nonpayment of

• Page 5, Line 27rent, a current, up-to-date rent ledger showing all rent

• Page 6, Line 1payments that have been made by or on behalf of the tenant.

• Page 6, Line 2(b)  A landlord's failure to satisfy a requirement

• Page 6, Line 3described in subsection (5)(a) of this section constitutes an

• Page 6, Line 4affirmative defense for the tenant who is the subject of the

• Page 6, Line 5demand in any action that proceeds thereafter to evict the

• Page 6, Line 6tenant.

• Page 6, Line 7(6)  If a landlord posts a written demand or notice

• Page 6, Line 8required by section 13-40-104 or 38-12-1303:

• Page 6, Line 9(a)  The demand or notice must include a citation to the

• Page 6, Line 10specific provision within section 13-40-104 (1) or 38-12-1303 (2)

• Page 6, Line 11that describes the basis for the demand or notice; and

• Page 6, Line 12(b)  The landlord shall redact from the document any

• Page 6, Line 13social security numbers, dates of birth, driver's license or state

• Page 6, Line 14identification numbers, and bank account, credit card, and debit

• Page 6, Line 15card numbers.

• Page 6, Line 16SECTION 3.  In Colorado Revised Statutes, 13-40-110, amend

• Page 6, Line 17(3) and (3.5) as follows:

• Page 6, Line 1813-40-110.  Action - how commenced - report.

• Page 6, Line 19(3)  The A complaint filed pursuant to this article 40 must

• Page 6, Line 20include:

• Page 6, Line 21(a)  A designation of whether the plaintiff elects to participate in

• Page 6, Line 22any hearing in person or remotely by phone or video on a platform

• Page 6, Line 23designated by the court. Upon filing After the plaintiff files the

• Page 6, Line 24complaint, the court shall provide the plaintiff with any necessary

• Page 6, Line 25information to facilitate the plaintiff's participation.

• Page 6, Line 26(b)  A box indicating if whether the eviction is for a residential

• Page 6, Line 27or commercial tenancy;

• Page 7, Line 1(c)  A copy of the notice to vacate or demand that was

• Page 7, Line 2served pursuant to section 13-40-108; and

• Page 7, Line 3(d)  For complaints filed relating to an alleged lease

• Page 7, Line 4violation or a no-fault eviction, as described in section

• Page 7, Line 538-12-1303, any records in the landlord's possession that pertain

• Page 7, Line 6to the alleged lease violation or no-fault eviction.

• Page 7, Line 7(3.5)  If the a residential tenant provides written or actual notice

• Page 7, Line 8to the a landlord that the residential tenant is a victim-survivor of

• Page 7, Line 9unlawful sexual behavior, stalking, domestic violence, or domestic abuse,

• Page 7, Line 10as those terms are defined in section 13-40-104, and the

• Page 7, Line 11residential tenant consents to the landlord sharing the information with

• Page 7, Line 12the court, the landlord shall disclose the information on the complaint or

• Page 7, Line 13with the return of service filed with the court.

• Page 7, Line 14SECTION 4.  In Colorado Revised Statutes, 13-40-110.5, amend

• Page 7, Line 15(3)(a) and (4); and add (7) as follows:

• Page 7, Line 1613-40-110.5.  Automatic suppression of court records -

• Page 7, Line 17definition.

• Page 7, Line 18(3) (a)  Except as provided in subsection (3)(b) of this section,

• Page 7, Line 19when after an order granting the a plaintiff possession of the a premises

• Page 7, Line 20is entered in an action to which this section applies:

• Page 7, Line 21(I)  If the record concerns an action filed under section

• Page 7, Line 2213-40-104 (1)(d.5) for a substantial violation of a lease, the record

• Page 7, Line 23is no longer a suppressed court record, and the court shall make the record

• Page 7, Line 24available to the public unless the parties to the action agree that the record

• Page 7, Line 25remain suppressed. If the parties agree that the record remain suppressed,

• Page 7, Line 26the record remains a suppressed court record.

• Page 7, Line 27(II)  If the record does not concern an action under

• Page 8, Line 1section 13-40-104 (1)(d.5) for a substantial violation of a lease,

• Page 8, Line 2the record remains a suppressed court record.

• Page 8, Line 3(4)  The names of the parties included in a court record that is

• Page 8, Line 4suppressed pursuant to this section may be used by the court for

• Page 8, Line 5administrative purposes, but the court shall not, for any reason, publish

• Page 8, Line 6the names of the parties online. A court may publish a judicial

• Page 8, Line 7opinion concerning an action pursuant to this article 40 if the

• Page 8, Line 8names and identifiers of the parties are anonymized.

• Page 8, Line 9(7)  If a record of an eviction action is suppressed pursuant

• Page 8, Line 10to this section, a tenant who is party to the eviction action may

• Page 8, Line 11deny or not disclose the existence of the record if an inquiry is

• Page 8, Line 12made during the tenant screening or rental application process.

• Page 8, Line 13SECTION 5.  In Colorado Revised Statutes, amend 38-12-802 as

• Page 8, Line 14follows:

• Page 8, Line 1538-12-802.  Tenant payment - receipts - nonelectronic payment

• Page 8, Line 16options.

• Page 8, Line 17(1) (a)  Upon receiving any payment made in person by a tenant

• Page 8, Line 18with cash or a money order, a landlord shall contemporaneously provide

• Page 8, Line 19the tenant with a receipt indicating the amount the tenant paid and the

• Page 8, Line 20date of payment.

• Page 8, Line 21(b)  If the a landlord receives a payment that is not delivered in

• Page 8, Line 22person by the tenant with cash or a money order, if requested by the

• Page 8, Line 23tenant, the landlord shall, within seven days after the request, provide the

• Page 8, Line 24tenant with a receipt indicating the amount the tenant paid, the recipient,

• Page 8, Line 25and the date of payment, unless there is already an existing procedure that

• Page 8, Line 26provides a tenant with a record of the payment received that indicates the

• Page 8, Line 27amount the tenant paid, the recipient, and the date of payment.

• Page 9, Line 1(c)  A landlord may provide the tenant with an electronic receipt

• Page 9, Line 2unless the tenant requests a paper receipt, in which case the landlord shall

• Page 9, Line 3provide the tenant with a paper receipt. For purposes of this section, a

• Page 9, Line 4receipt may be included as part of a billing statement.

• Page 9, Line 5(2)  A landlord shall provide a tenant at least one rent

• Page 9, Line 6payment option that does not require the tenant to access an

• Page 9, Line 7online portal or pay a transaction fee.

• Page 9, Line 8SECTION 6.  Safety clause. The general assembly finds,

• Page 9, Line 9determines, and declares that this act is necessary for the immediate

• Page 9, Line 10preservation of the public peace, health, or safety or for appropriations for

• Page 9, Line 11the support and maintenance of the departments of the state and state

• Page 9, Line 12institutions.