Senate Bill 25-131 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the reduction of the cost of housing.

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.)

Current law restricts construction defect negligence claims unless the negligence claim arises from a construction defect which results in actual damage to or loss of the use of real or personal property; bodily injury or wrongful death; or a risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential real property. Section 1 of the bill changes this restriction so that all construction defect claims are restricted unless the claim arises from a construction defect that causes:

• Actual damage to real or personal property caused by the violation of a building code, manufacturer's instructions, or industry standard;
• Actual loss of the use of real or personal property;
• Bodily injury or wrongful death; or
• An imminent and unreasonable risk of bodily injury or death to, or an imminent or unreasonable threat to the life, health, or safety of, the occupants of the residential real property.
• Requirements that a landlord and residential tenant participate in mandatory mediation prior to commencing an eviction action if the residential tenant receives cash assistance;
• A prohibition on a law enforcement officer's ability to execute a writ of restitution until 30 days after the entry of judgment if the residential tenant receives cash assistance;
• Requirements that a written demand include a statement that a residential tenant who receives cash assistance has a right to mediation prior to the landlord filing an eviction complaint;
• Requirements that a written rental agreement include a statement that current law prohibits source of income discrimination and requires a nonexempt landlord to accept any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person; and
• Requirements that prohibit a written rental agreement from including a waiver of mandatory mediation or a clause that allows a landlord to recoup any costs associated with mandatory mediation.

Sections 2 through 12 modify existing warranty of habitability laws by repealing recent updates and reenacting the laws as they were prior to the updates. The modifications include repealing certain procedures for both landlords and tenants when a warranty of habitability claim is alleged by the tenant; repealing a rebuttable presumption that a landlord failed to remedy an uninhabitable premises in certain conditions; modifying requirements regarding notice given to a landlord of an uninhabitable premises; and modifying other laws related to rental agreements, records, and procedures for remedying uninhabitable premises.

Section 13 repeals law that allows the attorney general to independently initiate and bring actions to enforce laws relating to the warranty of habitability. Section 14 makes a conforming change to law governing county courts' jurisdiction over cases involving tenant's remedies in warranty of habitability cases and tenant's remedies in cases of unlawful removal. Section 15 modifies the statement included in a summons issued to a defendant in a court proceeding regarding an action for possession brought by a landlord.

Sections 16 through 20 repeal provisions related to evictions of residential tenants, including repealing:

Sections 21 and 22 require any provision of any energy code adopted by a county or municipality on or after January 1, 2026, to be cost effective. "Cost effective" means, using the existing energy efficiency standards and requirements as a base of comparison, that the economic benefits of the proposed energy efficiency standards and requirements will exceed the economic costs of those standards and requirements based upon an incremental multi-year analysis.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, amend 13-20-804 as follows:

• Page 3, Line 313-20-804.  Restriction on construction defect claims. (1)  No

• Page 3, Line 4negligence claim seeking damages for a construction defect may be

• Page 3, Line 5asserted in A claimant is barred from bringing or maintaining a

• Page 3, Line 6construction defect claim as an action if such the claim arises from

• Page 3, Line 7the failure to construct an improvement to real property in substantial

• Page 3, Line 8compliance with an applicable building code, manufacturer's

• Page 3, Line 9instructions, or industry standard; except that such the claim may be

• Page 3, Line 10asserted if such the failure results in causes one or more of the following:

• Page 3, Line 11(a)  Actual damage to real or personal property caused by the

• Page 3, Line 12violation of a building code, manufacturer's instructions, or industry standard;

• Page 3, Line 13(b)  Actual loss of the use of real or personal property;

• (c)  Bodily injury or wrongful death; or

• Page 3, Line 14(d)  A An imminent and unreasonable risk of bodily injury or

• Page 3, Line 15death to, or a an imminent or unreasonable threat to the life, health, or safety of, the occupants of the residential real property.

• Page 4, Line 1(2)  Nothing in this section shall be construed to prohibit, limit, or impair the following:

• Page 4, Line 2(a)  The assertion of tort claims other than claims for negligence;

• (b)  The assertion of contract or warranty claims; or

• Page 4, Line 3(c)   The assertion of claims that arise from the violation of any statute or ordinance other than claims for violation of a building code.

• Page 4, Line 4(3)  As used in this section, unless the context otherwise requires:

• Page 4, Line 5(a)  "Building code" means a code adopted under article

• Page 4, Line 6115 or 155 of title 12, part 2 of article 28 of title 30, or part 6 of article 15 of title 31.

• Page 4, Line 7(b) (I)  "Imminent and unreasonable", with respect to a risk or threat, means:

• Page 4, Line 8(A)  The risk or threat is caused by and would not exist or

• Page 4, Line 9would be substantially less likely to cause injury or death in

• Page 4, Line 10the absence of the alleged violation of the applicable building code, manufacturer's instructions, or industry standard; and

• Page 4, Line 11(B)  The risk or threat results from an existing failure of

• Page 4, Line 12the improvement to real property to perform as intended or

• Page 4, Line 13probable future failure of the improvement to real property to

• Page 4, Line 14perform as intended during or promptly after the occurrence of

• Page 4, Line 15the event or events that the improvement was designed to protect against.

• Page 4, Line 16(II)  A claimant's failure to promptly take action after

• Page 4, Line 17learning of the risk or threat to avoid it is evidence that the

• Page 4, Line 18risk or threat is not imminent and unreasonable.

• Page 5, Line 1(III)  A court shall exclude evidence of an alleged

• Page 5, Line 2violation of a building code, a manufacturer's instructions, or

• Page 5, Line 3an industry standard unless a claimant is able to provide prima

• Page 5, Line 4facie evidence that one of the exceptions set forth in subsections (1)(a) to (1)(d) of this section apply.

• Page 5, Line 5SECTION 2.  In Colorado Revised Statutes, 38-12-501, amend (2)(b); and repeal (2)(d), (2)(e), and (3) as follows:

• Page 5, Line 638-12-501.  Legislative declaration - matter of statewide

• Page 5, Line 7concern - purposes and policies. (2)  The underlying purposes and policies of this part 5 are to:

• Page 5, Line 8(b)  Encourage landlords and tenants to maintain and improve the quality of housing; and

• Page 5, Line 9(d)  Promote public health by ensuring rental housing is safe and healthy for tenants; and

• Page 5, Line 10(e)  Protect and provide remedies for tenants who experience uninhabitable conditions at their residential premises.

• Page 5, Line 11(3)  This part 5 should be broadly interpreted to achieve its intended purpose.

• Page 5, Line 12SECTION 3.  In Colorado Revised Statutes, 38-12-502, amend

• Page 5, Line 13(1), (4.5), and (5); repeal (2.5), (4.6), (4.8), (5.7), (6.3), (6.5), (6.8), (9)(b), and (11); and recreate and reenact (4) and (10) as follows:

• Page 5, Line 1438-12-502.  Definitions. As used in this part 5 and part 8 of this article 12, unless the context otherwise requires:

• Page 5, Line 15(1)  "Appliance" means a refrigerator, range stove, or oven air

• Page 5, Line 16conditioner, permanent cooling device, or portable cooling device that is

• Page 5, Line 17included within a residential premises by a landlord for the use of the

• Page 5, Line 18tenant pursuant to the rental agreement or any other

• Page 6, Line 1agreement between the landlord and the tenant. Nothing in this

• Page 6, Line 2part 5 requires a landlord to provide an appliance, and this part 5 applies

• Page 6, Line 3to appliances solely to the extent that appliances are part of a written

• Page 6, Line 4agreement between the landlord and the tenant or are otherwise actually

• Page 6, Line 5provided to a tenant by the landlord at the inception of or during the tenancy. for the duration of the rental agreement

• Page 6, Line 6(2.5)  "Disability" has the same meaning as set forth in the federal

• Page 6, Line 7"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

• Page 6, Line 8(4)  "Electronic notice" means notice by electronic mail or

• Page 6, Line 9an electronic portal or management communications system that is available to both a landlord and a tenant.

• Page 6, Line 10(4.5)  "Environmental public health event" means a natural

• Page 6, Line 11disaster or an environmental event, such as a wildfire, a flood, or a release

• Page 6, Line 12of toxic contaminants, that could create negative health and safety

• Page 6, Line 13impacts or otherwise makes a residential premises uninhabitable, as

• Page 6, Line 14described in section 38-12-505, for tenants that live in nearby residential premises.

• Page 6, Line 15(4.6)  "Extreme heat event" means a day on which the national

• Page 6, Line 16weather service of the national oceanic and atmospheric administration

• Page 6, Line 17has declared, predicted, or indicated that there is a heat advisory,

• Page 6, Line 18excessive heat watch, or excessive heat warning for the county in which a residential premises is located.

• Page 6, Line 19(4.8)  "Hotel room" means one or more rooms in a licensed or permitted commercial lodging establishment.

• Page 6, Line 20(5)  "Landlord" means the owner, manager, lessor, or sublessor

• Page 6, Line 21successor in interest, or agent of the owner of a residential premises.

• Page 7, Line 1(5.7) (a)  "Maintenance service" means any service provided at a

• Page 7, Line 2landlord's expense for the purpose of generally maintaining, inspecting,

• Page 7, Line 3repairing, or ensuring the upkeep and preservation of a residential premises.

• Page 7, Line 4(b)  "Maintenance service" does not include a one-time or

• Page 7, Line 5specialized third-party contractor who is not an agent of the landlord and only provides a limited or expert service to a residential premises.

• Page 7, Line 6(6.3)  "Organizing" means any lawful, concerted activity by a

• Page 7, Line 7tenant or a tenant's guest or an invitee for the purpose of mutual aid or

• Page 7, Line 8establishing, supporting, or operating a tenants' association or similar organization or exercising any other right or remedy provided by law.

• Page 7, Line 9(6.5) (a)  "Portable cooling device" means an air conditioner or

• Page 7, Line 10evaporative cooler, including devices mounted in a window or that are designed to sit on the floor.

• Page 7, Line 11(b)  "Portable cooling device" does not include a permanent

• Page 7, Line 12cooling device where installation of the device requires permanent alteration to the dwelling unit.

• Page 7, Line 13(6.8)  "Remedial action" means timely and good faith efforts to

• Page 7, Line 14repair or remedy an uninhabitable condition at a residential premises or dwelling unit and to mitigate any negative effect of the condition.

• Page 7, Line 15(9) (b)  "Tenant" includes any member of a tenant's household,

• Page 7, Line 16including any individual who has a right to occupy the dwelling unit with

• Page 7, Line 17the tenant under any local, state, or federal law; the rental agreement; or

• Page 7, Line 18any separate agreement with the landlord or any individual who otherwise

• Page 7, Line 19has explicit or implicit permission from the landlord to occupy the dwelling unit.

• Page 7, Line 20(10)  ''Vulnerable population'' means children, individuals

• Page 8, Line 1with asthma, individuals with disabilities, individuals who are

• Page 8, Line 2pregnant, or any other group of individuals that has health

• Page 8, Line 3conditions that could make the individuals more susceptible to environmental contaminants.

• Page 8, Line 4(11) (a)  "Written", "writing", or "in writing" means any record

• Page 8, Line 5conveying information in a form that may be retained by the recipient or

• Page 8, Line 6sender or that is capable of being displayed in visual text in a form the individual may retain, including paper, electronic, and digital.

• Page 8, Line 7(b)  "Written", "writing", or "in writing", as defined in subsection

• Page 8, Line 8(11)(a) of this section, applies only to this part 5 and does not apply to the written notice or demand requirements in article 40 of title 13.

• Page 8, Line 9SECTION 4.  In Colorado Revised Statutes, repeal and reenact, with amendments, 38-12-503 as follows:

• Page 8, Line 1038-12-503.  Warranty of habitability - notice - landlord

• Page 8, Line 11obligations. (1)  In every rental agreement, the landlord is

• Page 8, Line 12deemed to warrant that the residential premises is fit for human habitation.

• Page 8, Line 13(2)  Except as described in subsection (2.2) or (2.4) of this

• Page 8, Line 14section, a landlord breaches the warranty of habitability set forth in subsection (1) of this section if:

• Page 8, Line 15(a)  A residential premises is:

• Page 8, Line 16(I)  Uninhabitable as described in section 38-12-505 or otherwise unfit for human habitation;

• Page 8, Line 17(II)  In a condition that materially interferes with the tenant's life, health, or safety; or

• Page 8, Line 18(III)  Not in compliance with the standards described in

• Page 8, Line 19section 38-12-505 (1)(b)(XIII) for the remediation and cleanup of

• Page 9, Line 1a residential premises that has been damaged due to an environmental public health event; and

• Page 9, Line 2(b)  The landlord has received reasonably complete

• Page 9, Line 3written or electronic notice of the condition described in

• Page 9, Line 4subsection (2)(a) of this section and failed to commence remedial

• Page 9, Line 5action by employing reasonable efforts within the following period after receiving the notice:

• Page 9, Line 6(I)  Twenty-four hours, where the condition is as described in subsection (2)(a)(II) of this section; or

• Page 9, Line 7(II)  Ninety-six hours, where the condition is as described

• Page 9, Line 8in subsection (2)(a)(I) of this section and the tenant has included

• Page 9, Line 9with the notice permission to the landlord or to the landlord's authorized agent to enter the residential premises.

• Page 9, Line 10(2.2)  In a case in which a residential premises has mold

• Page 9, Line 11that is associated with dampness, or there is any other condition

• Page 9, Line 12causing the residential premises to be damp, which condition, if

• Page 9, Line 13not remedied, would materially interfere with the life, health,

• Page 9, Line 14or safety of a tenant, a landlord breaches the warranty of habitability if the landlord fails:

• Page 9, Line 15(a)  Within ninety-six hours after receiving reasonably

• Page 9, Line 16complete written or electronic notice of the condition, to

• Page 9, Line 17mitigate immediate risk from mold by installing a containment,

• Page 9, Line 18stopping active sources of water to the mold, and installing a

• Page 9, Line 19high-efficiency particulate air filtration device to reduce tenants' exposure to mold;

• Page 9, Line 20(b)  To maintain the containment described in subsection

• Page 9, Line 21(2.2)(a) of this section until the actions described in subsection (2.2)(c) of this section are executed; and

• Page 10, Line 1(c)  Within a reasonable amount of time, to execute the

• Page 10, Line 2following remedial actions to remove the health risk posed by mold:

• Page 10, Line 3(I)  Establish appropriate protections for workers and occupants;

• Page 10, Line 4(II)  Eliminate or limit moisture sources and dry all materials;

• Page 10, Line 5(III)  Decontaminate or remove damaged materials as appropriate;

• Page 10, Line 6(IV)  Evaluate whether the premises has been successfully remediated; and

• Page 10, Line 7(V)  Reassemble the premises to control sources of

• Page 10, Line 8moisture and nutrients and thereby prevent or limit the recurrence of mold.

• Page 10, Line 9(2.3)  A tenant who gives a landlord written or electronic

• Page 10, Line 10notice of a condition shall send the notice in a manner that the

• Page 10, Line 11landlord typically uses to communicate with the tenant. The tenant shall retain sufficient proof of delivery of the notice.

• Page 10, Line 12(2.4)  A landlord breaches the warranty of habitability if the landlord fails to comply with section 38-12-803.

• Page 10, Line 13(2.5)  A landlord that receives from a tenant written or

• Page 10, Line 14electronic notice of a condition described by subsection (2)(a) of this section shall:

• Page 10, Line 15(a)  Respond to the tenant not more than twenty-four

• Page 10, Line 16hours after receiving the notice; except that a landlord may

• Page 10, Line 17take up to seventy-two hours to respond to the tenant after

• Page 11, Line 1receiving the notice when the residential premises is inaccessible

• Page 11, Line 2because of damage due to an environmental public health event.

• Page 11, Line 3The response must indicate the landlord's intentions for

• Page 11, Line 4remedying the condition, including an estimate of when the remediation will commence and when it will be completed.

• Page 11, Line 5(b)  Inform the tenant of the landlord's responsibilities

• Page 11, Line 6under subsection (4)(a) of this section if the reported condition

• Page 11, Line 7concerns a condition described in subsection (2)(a)(II) or (2)(a)(III) of this section.

• Page 11, Line 8(2.7) (a)  A landlord that receives notice from a tenant of

• Page 11, Line 9any habitability issues, as described in section 38-12-505 (1), with

• Page 11, Line 10the tenant's premises is responsible for remediation of the

• Page 11, Line 11residential premises to a habitable standard at the landlord's expense.

• Page 11, Line 12(b)  A landlord that receives notice from a tenant of a

• Page 11, Line 13habitability issue regarding a residential premises that has been

• Page 11, Line 14damaged due to an environmental public health event shall

• Page 11, Line 15comply with the standards described in section 38-12-505

• Page 11, Line 16(1)(b)(XIII) within a reasonable amount of time given the condition of the premises and at the landlord's expense.

• Page 11, Line 17(c)  A landlord that has remediated a residential premises

• Page 11, Line 18to a habitable standard following an environmental public

• Page 11, Line 19health event must provide the tenant with documentation that

• Page 11, Line 20demonstrates compliance with the standards described in section 38-12-505 (1)(b)(XIII).

• Page 11, Line 21(d)  A landlord's submission of an insurance claim for an

• Page 11, Line 22uninhabitable or a contaminated residential premises after the

• Page 12, Line 1landlord receives notice from the tenant of habitability issues

• Page 12, Line 2at the residential premises is not considered evidence of remediation.

• Page 12, Line 3(3)  When any condition described in subsection (2) of this

• Page 12, Line 4section is caused by the misconduct of the tenant, a member of

• Page 12, Line 5the tenant's household, a guest or invitee of the tenant, or a

• Page 12, Line 6person under the tenant's direction or control, the condition

• Page 12, Line 7does not constitute a breach of the warranty of habitability. It

• Page 12, Line 8is not misconduct by a victim of domestic violence; domestic

• Page 12, Line 9abuse; unlawful sexual behavior, as described in section

• Page 12, Line 1016-22-102 (9); or stalking under this subsection (3) if the

• Page 12, Line 11condition is the result of domestic violence; domestic abuse;

• Page 12, Line 12unlawful sexual behavior, as described in section 16-22-102 (9);

• Page 12, Line 13or stalking and the landlord has been given written or

• Page 12, Line 14electronic notice and evidence of domestic violence; domestic

• Page 12, Line 15abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking, as described in section 38-12-402 (2)(a).

• Page 12, Line 16(4) (a)  If the notice sent pursuant to subsection (2)(b) of

• Page 12, Line 17this section concerns a condition that is described by subsection

• Page 12, Line 18(2)(a)(II) or (2)(a)(III) of this section, the landlord, at the request of the tenant, shall provide the tenant:

• Page 12, Line 19(I)  A comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant; or

• Page 12, Line 20(II)  A hotel room, as selected by the landlord, at no expense or cost to the tenant.

• Page 12, Line 21(b)  A landlord is not required to pay for any other

• Page 12, Line 22expenses of a tenant that arise after the relocation period. A

• Page 13, Line 1tenant continues to be responsible for payment of rent under

• Page 13, Line 2the rental agreement during the period of any temporary

• Page 13, Line 3relocation and for the remainder of the term of the rental agreement following the remediation.

• Page 13, Line 4(5)  Except as set forth in this part 5, any agreement

• Page 13, Line 5waiving or modifying the warranty of habitability shall be void as contrary to public policy.

• Page 13, Line 6(6)  Nothing in this part 5 shall:

• Page 13, Line 7(a)  Prevent a landlord from terminating a rental

• Page 13, Line 8agreement as a result of a casualty or catastrophe to the

• Page 13, Line 9dwelling unit without further liability to the landlord or tenant; or

• Page 13, Line 10(b)  Preclude a landlord from initiating an action for

• Page 13, Line 11nonpayment of rent, breach of the rental agreement, violation

• Page 13, Line 12of section 38-12-504, or as provided for under article 40 of title 13.

• Page 13, Line 13SECTION 5.  In Colorado Revised Statutes, 38-12-504, amend (3) as follows:

• Page 13, Line 1438-12-504.  Tenant's maintenance of premises. (3)  Nothing in

• Page 13, Line 15this section shall be construed to authorize a modification of a landlord's obligations under this part 5 the warranty of habitability.

• Page 13, Line 16SECTION 6.  In Colorado Revised Statutes, 38-12-505, amend

• Page 13, Line 17(1)(a), (1)(b)(IV), (1)(b)(VII), (1)(b)(VIII), (1)(b)(IX), (1)(b)(X),

• Page 13, Line 18(1)(b)(XIII), (2), and (3); and repeal (1)(b)(XV), (1)(b)(XVI), (1)(c), (4), (5), (6), and (7) as follows:

• Page 13, Line 1938-12-505.  Uninhabitable residential premises - habitability

• Page 13, Line 20procedures - rules - definition. (1)  A residential premises is deemed uninhabitable if:

• Page 14, Line 1(a)  There is mold that is associated with dampness, or there is any

• Page 14, Line 2other condition causing the residential premises to be damp, which

• Page 14, Line 3condition, if not remedied, would materially interfere with the health or

• Page 14, Line 4safety of the tenant, excluding the presence of mold that is minor and

• Page 14, Line 5found on surfaces that can accumulate moisture as part of their proper functioning and intended use; or

• Page 14, Line 6(b)  It substantially lacks any of the following characteristics:

• Page 14, Line 7(IV)  Running water at all times and reasonable amounts of hot

• Page 14, Line 8water in an amount necessary for the tenant to perform all ordinary

• Page 14, Line 9activities related to maintaining cleanliness and health, at all times

• Page 14, Line 10furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;

• Page 14, Line 11(VII)  Common areas and areas under the control of the landlord

• Page 14, Line 12that are kept reasonably clean, sanitary, and free from all accumulations

• Page 14, Line 13of debris, filth, rubbish, and garbage and that have appropriate

• Page 14, Line 14extermination in response to the infestation of rodents, or vermin; pests, or insects

• Page 14, Line 15(VIII)  Appropriate extermination in response to the infestation of

• Page 14, Line 16rodents, or vermin pests, or insects throughout a residential premises;

• Page 14, Line 17including compliance with all requirements under part 10 of this article 12

• Page 14, Line 18(IX)  An adequate number of appropriate exterior receptacles for

• Page 14, Line 19garbage waste, and rubbish, in good repair; and scheduled to be serviced

• Page 14, Line 20and emptied at sufficient intervals to ensure containment and proper disposal of all trash, waste, and rubbish

• Page 14, Line 21(X)  Floors, stairways, elevators, and railings maintained in good repair;

• Page 15, Line 1(XIII)  Compliance with applicable standards from the American

• Page 15, Line 2National Standards Institute, or its successor organization, and all

• Page 15, Line 3applicable provisions of building, fire, health, and housing codes for the

• Page 15, Line 4remediation and cleanup of a residential premises following an environmental public health event; or

• Page 15, Line 5(XV)  Compliance with all requirements in section 38-12-803; or

• Page 15, Line 6(XVI)  Compliance with all requirements related to cooling devices established in subsection (7) of this section; or

• Page 15, Line 7(c)  It is otherwise unfit for human habitation.

• Page 15, Line 8(2)  A deficiency in the common area shall not render a residential

• Page 15, Line 9premises uninhabitable as set forth in subsection (1) of this section, unless

• Page 15, Line 10it materially affects and substantially limits the tenant's use of the tenant's dwelling unit.

• Page 15, Line 11(3) (a)  Before a landlord leases a residential premises to a tenant,

• Page 15, Line 12the landlord must ensure that the residential premises is fit for human

• Page 15, Line 13habitation in accordance with section 38-12-503 (1) and that the

• Page 15, Line 14residential premises is not in a condition described in subsection (1) of this section section 38-12-503 (2)(a).

• Page 15, Line 15(b)  A landlord that leases a residential premises that is not in

• Page 15, Line 16compliance with this section breaches the warranty of habitability

• Page 15, Line 17pursuant to section 38-12-503 (1), and the tenant may pursue any remedy under section 38-12-507.

• Page 15, Line 18(c)  On and after January 1, 2025, every rental agreement between

• Page 15, Line 19a landlord and tenant must include a statement in at least twelve-point,

• Page 15, Line 20bold-faced type that states that every tenant is entitled to safe and healthy

• Page 15, Line 21housing under Colorado's warranty of habitability and that a landlord is

• Page 16, Line 1prohibited by law from retaliating against a tenant in any manner for

• Page 16, Line 2reporting unsafe conditions in the tenant's residential premises, requesting repairs, or seeking to enjoy the tenant's right to safe and healthy housing.

• Page 16, Line 3(d)  On and after January 1, 2025, every rental agreement between

• Page 16, Line 4a landlord and tenant must include a statement in English and Spanish and

• Page 16, Line 5in at least twelve-point, bold-faced type that states an address where a

• Page 16, Line 6tenant can mail or personally deliver written notice of an uninhabitable

• Page 16, Line 7condition and an e-mail address or accessible online tenant portal or

• Page 16, Line 8platform where a tenant can deliver written notice of an uninhabitable condition.

• Page 16, Line 9(e)  If a landlord provides a tenant with an online tenant portal or

• Page 16, Line 10platform, the landlord must post in a conspicuous place in the online

• Page 16, Line 11tenant portal or platform a statement in English and Spanish that states an

• Page 16, Line 12address where a tenant can mail or personally deliver written notice of an

• Page 16, Line 13uninhabitable condition and an e-mail address or accessible online portal

• Page 16, Line 14or platform where a tenant can deliver written notice of an uninhabitable condition.

• Page 16, Line 15(4)  There is a rebuttable presumption that the following conditions

• Page 16, Line 16at a residential premises materially interfere with a tenant's life, health, or safety pursuant to section 38-12-503 (2)(a)(II):

• Page 16, Line 17(a)  Lack of waterproofing and weather protection for the roof,

• Page 16, Line 18exterior walls, exterior doors, and exterior windows of a dwelling unit so that weather-related elements can enter the dwelling unit;

• Page 16, Line 19(b)  Any hazardous condition of gas piping, gas facilities, gas appliances, or other gas equipment;

• Page 16, Line 20(c)  Inadequate running water or inadequate running hot water,

• Page 16, Line 21except for temporary disruptions in water service due to necessary

• Page 17, Line 1maintenance, repair, or construction that is being performed or temporary

• Page 17, Line 2disruptions in water service that a landlord could not reasonably prevent or control;

• Page 17, Line 3(d)  Lack of functioning heating facilities and equipment fixtures

• Page 17, Line 4that are installed and operating in compliance with applicable law at the

• Page 17, Line 5time of installation and that are maintained in good working order from October through April of each year;

• Page 17, Line 6(e)  Any hazardous condition of electrical wiring, electrical facilities, electrical appliances, or other electrical equipment;

• Page 17, Line 7(f)  Lack of electricity or disruptions of electricity that are caused

• Page 17, Line 8by a landlord's failure to maintain electrical wiring, electrical facilities, electrical appliances, or electrical equipment;

• Page 17, Line 9(g)  Lack of working locks or security devices on all exterior doors

• Page 17, Line 10that allow entry into a residential premises or a dwelling unit and all exterior windows that are designed to be opened;

• Page 17, Line 11(h)  Lack of working plumbing or sewage disposal or any

• Page 17, Line 12condition that allows sewage, water, moisture, or other contaminants to

• Page 17, Line 13enter the residential premises other than through properly working plumbing and sewage disposal systems;

• Page 17, Line 14(i)  An infestation of rodents, vermin, pests, or insects;

• Page 17, Line 15(j)  Any inaccessible fire exits or egress in accordance with applicable building, housing, fire, and health codes;

• Page 17, Line 16(k)  Any missing, damaged, improper, or misaligned chimney or venting on any fuel-fired heating, ventilation, or cooling system; or

• Page 17, Line 17(l)  An inoperable elevator when the tenant has a disability that

• Page 17, Line 18prevents the tenant from being able to use the stairs to access the tenant's

• Page 17, Line 19dwelling unit or the tenant relies on an elevator to access the tenant's

• Page 18, Line 1dwelling unit and there are no other operable elevators that provide access to the tenant's unit.

• Page 18, Line 2(5)  A landlord may rebut the presumption in subsection (4) of this

• Page 18, Line 3section by demonstrating, through clear and convincing evidence, that a

• Page 18, Line 4condition listed in subsection (4) of this section does not materially interfere with a tenant's life, health, or safety.

• Page 18, Line 5(6)  Nothing in this section prevents a court or jury from finding

• Page 18, Line 6that any condition or combination of conditions described in this section materially interferes with a tenant's life, health, or safety.

• Page 18, Line 7(7) (a)  A landlord shall not prohibit or restrict a tenant from

• Page 18, Line 8installing or using a portable cooling device, including under any rental

• Page 18, Line 9agreement or other agreement between the landlord and the tenant; except

• Page 18, Line 10that the landlord may prohibit or restrict the installation or use of a

• Page 18, Line 11portable cooling device if the installation or use of the portable cooling device would:

• Page 18, Line 12(I)  Violate any building codes, state law, or federal law;

• Page 18, Line 13(II)  Violate the portable cooling device manufacturer's written safety guidelines for installing or using the device;

• Page 18, Line 14(III)  Damage the premises or render the premises uninhabitable; or

• Page 18, Line 15(IV)  Require more amperage to power the portable cooling device

• Page 18, Line 16than can be accommodated by the residential premises', dwelling unit's, or circuit's electrical capacity.

• Page 18, Line 17(b)  A landlord that restricts the installation or use of portable

• Page 18, Line 18cooling devices at a residential premises with multiple dwelling units

• Page 18, Line 19under subsection (7)(a)(IV) of this section shall prioritize a tenant who

• Page 18, Line 20requests the installation or usage of a portable cooling device to

• Page 19, Line 1accommodate the tenant's disability over other tenants' requests to install or use a portable cooling device.

• Page 19, Line 2(c)  A landlord that restricts the installation or use of a portable

• Page 19, Line 3cooling device at a residential premises under subsection (7)(a) of this section shall:

• Page 19, Line 4(I)  Disclose any restrictions on the installation or use of portable cooling devices to a tenant or prospective tenant in writing;

• Page 19, Line 5(II)  Provide information about whether the landlord intends to

• Page 19, Line 6operate one or more common spaces at the residential premises that will

• Page 19, Line 7be cooled by a portable cooling device or permanent cooling device and available to the tenant during an extreme heat event; and

• Page 19, Line 8(III)  If the landlord does not intend to operate common spaces at

• Page 19, Line 9the residential premises that will be cooled by a portable cooling device

• Page 19, Line 10or permanent cooling device, provide information on community cooling

• Page 19, Line 11spaces that are located near the residential premises and accessible to the

• Page 19, Line 12tenant during an extreme heat event; except that a landlord is not required

• Page 19, Line 13to provide information on community cooling spaces if there are no

• Page 19, Line 14known community cooling spaces within ten miles of the residential premises.

• Page 19, Line 15(d) (I)  As used in this subsection (7), unless the context otherwise

• Page 19, Line 16requires, "community cooling spaces" means public spaces that are

• Page 19, Line 17available to a tenant and that are located on or near the residential

• Page 19, Line 18premises and that maintain a temperature that is not higher than eighty degrees Fahrenheit.

• Page 19, Line 19(II)  "Community cooling spaces" may include recreation centers, community centers, and public libraries.

• Page 19, Line 20(e)  Nothing in this subsection (7) modifies a landlord's obligation

• Page 20, Line 1to permit reasonable modifications and reasonable accommodations for individuals with a disability under section 24-34-502.2.

• Page 20, Line 2SECTION 7.  In Colorado Revised Statutes, repeal and reenact, with amendments, 38-12-507 as follows:

• Page 20, Line 338-12-507. Breach of warranty of habitability - tenant's

• Page 20, Line 4remedies. (1)  If there is a breach of the warranty of habitability as set forth in section 38-12-503 (2):

• Page 20, Line 5(a)  Upon no less than ten and no more than thirty days

• Page 20, Line 6written notice to the landlord specifying the condition alleged

• Page 20, Line 7to breach the warranty of habitability and giving the landlord

• Page 20, Line 8five business days from the receipt of the written notice to

• Page 20, Line 9remedy the breach, a tenant may terminate the rental

• Page 20, Line 10agreement by surrendering possession of the dwelling unit. If

• Page 20, Line 11the breach is remediable by repairs, the payment of damages, or

• Page 20, Line 12otherwise and the landlord adequately remedies the breach

• Page 20, Line 13within five business days of receipt of the notice, the rental agreement shall not terminate by reason of the breach.

• Page 20, Line 14(b) (I)  A tenant may obtain injunctive relief for breach of

• Page 20, Line 15the warranty of habitability in any county or district court of

• Page 20, Line 16competent jurisdiction. In a proceeding for injunctive relief, the

• Page 20, Line 17court shall determine actual damages for a breach of the

• Page 20, Line 18warranty at the time the court orders the injunctive relief. A

• Page 20, Line 19landlord is not subject to any court order for injunctive relief if:

• Page 20, Line 20(A)  The landlord tenders the actual damages to the court within two business days after the order; and

• Page 20, Line 21(B)  The proceeding for injunctive relief does not concern

• Page 21, Line 1a condition described in section 38-12-503 (2)(a)(II) or (2)(a)(III) that has not been repaired or remedied.

• Page 21, Line 2(II)  Upon application by the tenant, the court shall

• Page 21, Line 3immediately release to the tenant the damages paid by the

• Page 21, Line 4landlord. If the tenant vacates the leased residential premises,

• Page 21, Line 5the landlord shall not rent the residential premises again until

• Page 21, Line 6the unit complies with the warranty of habitability set forth in section 38-12-503 (1).

• Page 21, Line 7(c) (I)  In an action for possession or collection based upon

• Page 21, Line 8nonpayment of rent, in which the tenant asserts a defense to

• Page 21, Line 9possession based upon the landlord's alleged breach of the

• Page 21, Line 10warranty of habitability, upon the filing of the tenant's answer

• Page 21, Line 11the court shall order the tenant to pay into the registry of the

• Page 21, Line 12court all or part of the rent accrued after due consideration

• Page 21, Line 13of expenses already incurred by the tenant based upon the

• Page 21, Line 14landlord's breach of the warranty of habitability. The tenant

• Page 21, Line 15may assert, as an affirmative defense, an alleged breach of the

• Page 21, Line 16warranty of habitability, provided that the landlord or any

• Page 21, Line 17agent acting on behalf of the landlord has previously received

• Page 21, Line 18written or electronic notice of an alleged breach of the

• Page 21, Line 19warranty of habitability. If a county or district court is

• Page 21, Line 20satisfied that the defendant is unable to deposit the amount of

• Page 21, Line 21rent specified because the defendant is found to be indigent

• Page 21, Line 22pursuant to subsection (1)(c)(II) of this section, the defendant

• Page 21, Line 23shall not be required to deposit any amounts to raise warranty

• Page 21, Line 24of habitability claims as an affirmative defense and the claim

• Page 21, Line 25will be perfected.

• Page 22, Line 1(II)  A defendant is indigent for the purposes of this section if the defendant has a net income that is:

• Page 22, Line 2(A)  Five times or less the annual rental of the defendant's

• Page 22, Line 3premises, after allowing all exemptions available to families

• Page 22, Line 4occupying dwellings in low-rent housing authorized under the

• Page 22, Line 5act of the congress of the United States known as the ''United States Housing Act of 1937''; or

• Page 22, Line 6(B)  Less than two hundred fifty percent of the federal

• Page 22, Line 7poverty line; except that, for purposes of calculation, a defendant's assets must not be taken into account.

• Page 22, Line 8(III)  For the purpose of computing the annual rental of

• Page 22, Line 9the defendant's premises pursuant to subsection (1)(c)(II)(A) of

• Page 22, Line 10this section, there must be included in the calculation the

• Page 22, Line 11average annual cost to the defendant, as determined by the

• Page 22, Line 12court, of heat, water, electricity, gas, and other necessary

• Page 22, Line 13services or facilities, whether or not the charge for such services and facilities is in fact included in the rental.

• Page 22, Line 14(d)  Whether asserted as a claim, counterclaim, or an

• Page 22, Line 15affirmative defense, a tenant may recover damages directly

• Page 22, Line 16arising from a breach of the warranty of habitability, which

• Page 22, Line 17may include, but are not limited to, any reduction in the fair

• Page 22, Line 18rental value of the dwelling unit, in any court of competent jurisdiction.

• Page 22, Line 19(d.5)  The court shall determine the reduction of the

• Page 22, Line 20premises' rental value in its uninhabitable state to the date of

• Page 22, Line 21trial and shall deny possession to the landlord and deem the

• Page 22, Line 22tenant to be the prevailing party, conditioned upon the payment

• Page 23, Line 1of the rent that has accrued to the date of the trial, as

• Page 23, Line 2adjusted pursuant to the reduction in the rental value caused

• Page 23, Line 3by the breach of the warranty of habitability. The tenant shall

• Page 23, Line 4make this payment to either the court or the landlord within

• Page 23, Line 5fourteen days from the date of the court's judgment. The court

• Page 23, Line 6may order the landlord to make repairs and correct the

• Page 23, Line 7conditions that constitute a breach of the landlord's

• Page 23, Line 8obligations; shall order that the monthly rent be limited to the

• Page 23, Line 9premises' reasonable rental value , as determined pursuant to

• Page 23, Line 10this section, until repairs are completed; and shall award the

• Page 23, Line 11tenant costs and attorney fees if provided by and pursuant to

• Page 23, Line 12any statute or the contract of the parties. If the court orders

• Page 23, Line 13repairs or corrections or both pursuant to this section, the

• Page 23, Line 14court's jurisdiction continues over the matter for the purpose

• Page 23, Line 15of ensuring compliance. The court shall award possession of the

• Page 23, Line 16premises to the landlord if the tenant fails to pay all reduced

• Page 23, Line 17rent obligations accrued to the date of trial within the period prescribed by the court pursuant to this subsection (1)(d.5).

• Page 23, Line 18(e) (I)  Pursuant to this subsection (1)(e), the tenant may

• Page 23, Line 19deduct from one or more rent payments the cost of repairing or

• Page 23, Line 20remedying a condition that is the basis of a breach of the

• Page 23, Line 21warranty of habitability described in section 38-12-503 if the

• Page 23, Line 22tenant provides notice of the condition to the landlord as

• Page 23, Line 23described in section 38-12-503 (2)(b) or (2.2) and the landlord fails to:

• Page 23, Line 24(A)  Commence remedial action by employing reasonable

• Page 23, Line 25efforts within the applicable period described in section 38-12-503 (2)(b); or

• Page 24, Line 1(B)  Complete the actions described in section 38-12-503 (2.2).

• Page 24, Line 2(II)  At least ten days before deducting costs from a rent

• Page 24, Line 3payment as described in this subsection (1)(e), a tenant shall

• Page 24, Line 4provide the landlord with written or electronic notice of the

• Page 24, Line 5tenant's intent to do so. The notice must specify the date of

• Page 24, Line 6notification, the name of the landlord or property manager, the

• Page 24, Line 7address of the rental property, the condition that requires a

• Page 24, Line 8repair or remedy, the date upon which the tenant provided

• Page 24, Line 9notice to the landlord of the condition that requires a repair or

• Page 24, Line 10remedy, and a copy of at least one good faith estimate of costs

• Page 24, Line 11to repair or remedy the condition, which estimate has been

• Page 24, Line 12prepared by a professional who is unrelated to the tenant, is

• Page 24, Line 13trained to perform the work for which the estimate is being

• Page 24, Line 14prepared, and complies with all licensing, certification, or

• Page 24, Line 15registration requirements of this state that apply to the

• Page 24, Line 16performance of the work. A tenant withholding rent over

• Page 24, Line 17multiple payment periods is required to provide notice only once. The tenant shall retain a copy of the notice.

• Page 24, Line 18(III)  After a tenant provides a landlord notice of the

• Page 24, Line 19tenant's intent to deduct costs pursuant to subsection (1)(e)(II)

• Page 24, Line 20of this section, the landlord has four business days to obtain

• Page 24, Line 21one or more good faith estimates of such costs in addition to any

• Page 24, Line 22estimate that the tenant included in the notice. The estimate

• Page 24, Line 23must be prepared by a professional who is unrelated to the

• Page 24, Line 24landlord, is trained to perform the work for which the estimate

• Page 25, Line 1is being prepared, and complies with all licensing, certification,

• Page 25, Line 2or registration requirements of this state that apply to the

• Page 25, Line 3performance of the work. If the landlord prefers to repair or

• Page 25, Line 4remedy the condition by hiring a professional other than a

• Page 25, Line 5professional who prepared an estimate for the tenant, the

• Page 25, Line 6landlord shall share the preferred professional's estimate with

• Page 25, Line 7the tenant and shall commence work to repair or remedy the condition as soon as reasonably possible.

• Page 25, Line 8(IV)  If the landlord does not obtain any additional

• Page 25, Line 9estimates within the four days prescribed by subsection (1)(e)(III)

• Page 25, Line 10of this section, the tenant may proceed to deduct costs from one

• Page 25, Line 11or more rent payments, based on the estimate acquired by the tenant, until the entire amount of the estimate is deducted.

• Page 25, Line 12(V)  A tenant who deducts costs pursuant to subsection

• Page 25, Line 13(1)(e)(IV) of this section shall not repair or remedy the condition

• Page 25, Line 14but shall hire a professional who is unrelated to the tenant, is

• Page 25, Line 15trained to perform the work for which the estimate is being

• Page 25, Line 16prepared, and complies with all licensing, certification, or

• Page 25, Line 17registration requirements of this state that apply to the performance of the work.

• Page 25, Line 18(VI)  If a tenant hires a professional to repair or remedy a

• Page 25, Line 19condition causing a breach of the warranty of habitability and

• Page 25, Line 20deducts the estimated cost of such repair or remedy from one or

• Page 25, Line 21more rent payments, as permitted by this subsection (1)(e), and

• Page 25, Line 22the deducted estimated cost exceeds the actual cost incurred

• Page 25, Line 23by the tenant, the tenant shall remit the excess cost to the

• Page 25, Line 24landlord within ten business days.

• Page 26, Line 1(VII)  Notwithstanding any provision of this subsection

• Page 26, Line 2(1)(e) to the contrary, a tenant shall not deduct costs from one

• Page 26, Line 3or more rent payments if the condition that is the basis for the

• Page 26, Line 4alleged breach of the warranty of habitability is caused by the

• Page 26, Line 5misconduct of the tenant, a member of the tenant's household,

• Page 26, Line 6a guest or invitee of the tenant, or a person under the tenant's

• Page 26, Line 7direction or control; except that this subsection (1)(e)(VII) does not apply if:

• Page 26, Line 8(A)  The tenant is a victim of domestic violence; domestic

• Page 26, Line 9abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking;

• Page 26, Line 10(B)  The condition is the result of domestic violence;

• Page 26, Line 11domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking; and

• Page 26, Line 12(C)  The landlord has been given written or electronic

• Page 26, Line 13notice and evidence of domestic violence; domestic abuse;

• Page 26, Line 14unlawful sexual behavior, as described in section 16-22-102 (9); or stalking.

• Page 26, Line 15(VIII)  Notwithstanding any provision of this subsection

• Page 26, Line 16(1)(e) to the contrary, a tenant shall not deduct costs from one

• Page 26, Line 17or more rent payments or make repairs to a residential premises

• Page 26, Line 18if the residential premises was constructed, acquired, developed, rehabilitated, or maintained with:

• Page 26, Line 19(A)  Funding provided pursuant to section 8 or 9 of the

• Page 26, Line 20federal ''United States Housing Act of 1937'', 42 U.S.C. secs. 1437f and 1437g;

• Page 26, Line 21(B)  Funding from the home investment partnerships

• Page 27, Line 1program of the federal department of housing and urban development; or

• Page 27, Line 2(C)  Federal low-income housing tax credits, Colorado

• Page 27, Line 3affordable housing tax credits, or funding provided under any

• Page 27, Line 4federal, state, or local program that restricts maximum rents

• Page 27, Line 5for persons of low or moderate income and that is currently

• Page 27, Line 6subject to a use restriction that is monitored to ensure

• Page 27, Line 7compliance by the federal government, the state government,

• Page 27, Line 8a county government, or a municipal government, or by any political subdivision or designated agency thereof.

• Page 27, Line 9(IX)  A tenant who deducts costs from one or more rent

• Page 27, Line 10payments in accordance with this subsection (1)(e) may seek additional remedies provided by this section.

• Page 27, Line 11(X)  If a court finds that a tenant has wrongfully

• Page 27, Line 12deducted rent, the court shall award the landlord an amount

• Page 27, Line 13of money equal to the amount wrongfully withheld. If the court

• Page 27, Line 14finds that the tenant acted in bad faith, the court shall award

• Page 27, Line 15the landlord possession of the residential premises and an

• Page 27, Line 16amount of money equal to double the amount wrongfully withheld.

• Page 27, Line 17(XI)  A tenant who deducts rent as a result of a breach of

• Page 27, Line 18the warranty of habitability, which breach is based on a

• Page 27, Line 19condition described in section 38-12-505 (1)(b)(I), may, in lieu of

• Page 27, Line 20repairing the malfunctioning appliance, replace the

• Page 27, Line 21malfunctioning appliance so long as the replacement appliance

• Page 27, Line 22is at least of substantially comparable quality and has

• Page 27, Line 23substantially the same features as the original appliance.

• Page 28, Line 1(2)  If a rental agreement contains a provision for either

• Page 28, Line 2party in an action related to the rental agreement to obtain

• Page 28, Line 3attorney fees and costs, then the prevailing party in any action

• Page 28, Line 4brought under this part 5 shall be entitled to recover reasonable attorney fees and costs.

• Page 28, Line 5(3)  Notwithstanding subsection (1) of this section:

• Page 28, Line 6(a)  If the same condition that substantially caused a

• Page 28, Line 7breach of the warranty of habitability recurs within six months

• Page 28, Line 8after the condition is repaired or remedied, other than a breach

• Page 28, Line 9of section 38-12-505 (1)(b)(I), the tenant may terminate the

• Page 28, Line 10rental agreement fourteen days after providing the landlord

• Page 28, Line 11written or electronic notice of the tenant's intent to do so. The

• Page 28, Line 12notice must include a description of the condition and the date of the termination of the rental agreement.

• Page 28, Line 13(b)  If the same condition that substantially caused a

• Page 28, Line 14breach of the warranty of habitability recurs within six months

• Page 28, Line 15after the condition is repaired or remedied, and the condition is

• Page 28, Line 16a breach of section 38-12-505 (1)(b)(I), the tenant may terminate

• Page 28, Line 17the rental agreement fourteen days after providing the

• Page 28, Line 18landlord written or electronic notice of the tenant's intent to

• Page 28, Line 19do so. The notice must include a description of the condition and

• Page 28, Line 20the date of the termination of the rental agreement. However,

• Page 28, Line 21if the landlord remedies the condition within fourteen days

• Page 28, Line 22after receiving the notice, the tenant may not terminate the rental agreement.

• Page 28, Line 23(4)  If a residential premises is uninhabitable pursuant to

• Page 28, Line 24section 38-12-505 (1) after being damaged due to an

• Page 29, Line 1environmental public health event, the tenant may terminate the tenant's lease if:

• Page 29, Line 2(a)  The landlord has not been able to remediate the

• Page 29, Line 3conditions of the residential premises so that it is safe for

• Page 29, Line 4habitability within sixty business days after the landlord has received notice of the habitability issue from the tenant;

• Page 29, Line 5(b)  The tenant has given the landlord written or

• Page 29, Line 6electronic notice that the residential premises is not safe for

• Page 29, Line 7habitability due to damage from an environmental public health event; and

• Page 29, Line 8(c)  The landlord is not able to provide adequate

• Page 29, Line 9alternative housing accommodations for the tenant, pursuant

• Page 29, Line 10to section 38-12-503 (4), for the duration of the time that the residential premises is being remediated.

• Page 29, Line 11(5)  Notwithstanding subsection (4) of this section, if a

• Page 29, Line 12tenant is a member of a vulnerable population, the tenant may

• Page 29, Line 13terminate the tenant's lease or agreement after the residential

• Page 29, Line 14premises has been damaged due to an environmental public health event if:

• Page 29, Line 15(a)  The tenant has given the landlord written or

• Page 29, Line 16electronic notice that the residential premises is not safe for

• Page 29, Line 17habitability due to damage from an environmental public health event;

• Page 29, Line 18(b)  The landlord has not been able to remediate the

• Page 29, Line 19conditions of the residential premises so that it is safe for

• Page 29, Line 20habitability for the tenant who is a member of a vulnerable

• Page 29, Line 21population;

• Page 30, Line 1(c)  The landlord is not able to provide adequate

• Page 30, Line 2alternative housing accommodations for the tenant, pursuant

• Page 30, Line 3to section 38-12-503 (4), for the duration of the time that the residential premises is being remediated; and

• Page 30, Line 4(d)  The tenant provides the landlord with evidence from

• Page 30, Line 5a licensed medical doctor that the tenant's condition is such

• Page 30, Line 6that to continue living in a residential premises that has been

• Page 30, Line 7damaged due to an environmental public health event would be detrimental to the tenant's health, safety, or quality of life.

• Page 30, Line 8SECTION 8.  In Colorado Revised Statutes, 38-12-508, amend (1) and (5); and recreate and reenact (2) and (4) as follows:

• Page 30, Line 938-12-508.  Landlord's defenses to a claim of breach of

• Page 30, Line 10warranty - limitations on claiming a breach. (1)  It is a defense to a

• Page 30, Line 11tenant's claim of breach of the warranty of habitability that the tenant's

• Page 30, Line 12actions or inactions prevented the landlord from remedying or repairing

• Page 30, Line 13curing the condition underlying the breach of the warranty of

• Page 30, Line 14habitability. For a landlord to prevail on such defense to a tenant's claim

• Page 30, Line 15of breach of the warranty of habitability, a landlord must demonstrate that:

• Page 30, Line 16(a)  The tenant:

• Page 30, Line 17(I)  Refused to provide or accept a proposed reasonable alternative date and time for entry into the dwelling unit;

• Page 30, Line 18(II)  Unreasonably denied entry to the dwelling unit; or

• Page 30, Line 19(III)  Engaged in any other action or inaction that unreasonably

• Page 30, Line 20delayed or otherwise prevented the landlord from commencing, maintaining, or completing the remedial action; and

• Page 30, Line 21(b)  The tenant's actions described in subsection (1)(a) of this

• Page 31, Line 1section made it impracticable for the landlord to reasonably remedy or repair the condition.

• Page 31, Line 2(2)  Only parties to the rental agreement or other adult

• Page 31, Line 3residents listed on the rental agreement who are also lawfully

• Page 31, Line 4residing in the dwelling unit may assert a claim for a breach of the warranty of habitability.

• Page 31, Line 5(4)  Except as provided in section 38-12-509 (2), a tenant

• Page 31, Line 6may not assert a breach of the warranty of habitability as a

• Page 31, Line 7defense to a landlord's action for possession based upon a

• Page 31, Line 8nonmonetary violation of the rental agreement or for an action for possession based upon a notice to quit or vacate.

• Page 31, Line 9(5)  If the condition alleged to breach the warranty of habitability

• Page 31, Line 10is the result of the action or inaction of a tenant in another dwelling

• Page 31, Line 11unit or another third party not under the direction and control of the

• Page 31, Line 12landlord and the landlord has taken reasonable, necessary, and timely

• Page 31, Line 13steps to remedy or repair abate the condition, but is unable to remedy or

• Page 31, Line 14repair abate the condition due to circumstances beyond the landlord's

• Page 31, Line 15reasonable control, the tenant's only remedy is termination of the rental agreement consistent with section 38-12-507 (1)(a).

• Page 31, Line 16SECTION 9.  In Colorado Revised Statutes, 38-12-509, amend (1), (1.5), and (2); and repeal (1.7) and (5) as follows:

• Page 31, Line 1738-12-509.  Prohibition on retaliation. (1) (a)  A landlord shall

• Page 31, Line 18not retaliate against a tenant by engaging in any of the activities specified in subsection (1)(b) of this section in response to the tenant:

• Page 31, Line 19(I)  Having made a good faith complaint to the landlord to a

• Page 31, Line 20nonprofit organization or third party, or to a governmental agency

• Page 31, Line 21alleging a condition described by section 38-12-505 (1) or any condition that materially interferes with the life, health, or safety of the tenant; or

• Page 32, Line 1(II)  Organizing or becoming a member of a tenants' association or similar organization. or

• Page 32, Line 2(III)  Exercising or attempting to exercise in good faith any right or remedy afforded to a tenant pursuant to section 38-12-507.

• Page 32, Line 3(b)  Prohibited retaliation includes:

• (I)  Increasing rent or decreasing services;

• Page 32, Line 4(II)  Terminating or not renewing a rental agreement lease or

• Page 32, Line 5contract without written consent of the tenant except as otherwise provided by law;

• Page 32, Line 6(III)  Bringing or threatening to bring an action for possession; or

• Page 32, Line 7(IV)  Taking action that in any manner intimidates, threatens, discriminates against, harasses, or retaliates against a tenant. or

• Page 32, Line 8(V)  Charging the tenant or seeking to collect from the tenant any fee, cost, or penalty.

• Page 32, Line 9(1.5)  A tenant may assert that the landlord retaliated against the

• Page 32, Line 10tenant in violation of subsection (1) of this section as a defense to a

• Page 32, Line 11landlord's action for possession, including a landlord's an action for possession based on

• Page 32, Line 12(a)   a monetary or nonmonetary violation of the rental agreement or an action for possession based upon

• Page 32, Line 13(b)   a notice to terminate tenancy quit or vacate, that the

• Page 32, Line 14landlord retaliated against the tenant in violation of subsection (1) of this section.

• Page 32, Line 15(c)  An expiration of the tenant's rental agreement; or

• Page 32, Line 16(d)  The nonpayment of rent resulting from a retaliatory rent

• Page 32, Line 17increase.

• Page 33, Line 1(1.7)  To prove a claim or defense under this section, a tenant does

• Page 33, Line 2not need to prove that retaliation was the sole reason a landlord engaged

• Page 33, Line 3in any of the activities described in subsection (1)(b) of this section; a

• Page 33, Line 4tenant need only demonstrate that the tenant's protected activity under

• Page 33, Line 5subsection (1)(a) of this section was a motivating factor that influenced

• Page 33, Line 6the landlord's decision to engage in any of the activities described in subsection (1)(b) of this section.

• Page 33, Line 7(2)  If a landlord retaliates against a tenant in violation of

• Page 33, Line 8subsection (1) of this section, the tenant may terminate the rental agreement and

• Page 33, Line 9(a)   Shall recover damages in an amount not more than three

• Page 33, Line 10months' periodic rent or three times the tenant's actual damages, whichever is greater, plus reasonable attorney fees and costs. and

• Page 33, Line 11(b)  May terminate the rental agreement.

• Page 33, Line 12(5)  Nothing in this section precludes a landlord from serving a

• Page 33, Line 13tenant with a notice to terminate tenancy or a notice to vacate to the extent allowable under the law.

• Page 33, Line 14SECTION 10.  In Colorado Revised Statutes, 38-12-510, amend (2) as follows:

• Page 33, Line 1538-12-510.  Unlawful removal or exclusion. (2)  A tenant

• Page 33, Line 16affected by a violation of this section may bring a civil action in a county

• Page 33, Line 17court or district court of competent jurisdiction to restrain further

• Page 33, Line 18violations and to recover damages, costs, and reasonable attorney fees. In

• Page 33, Line 19the case of a violation, the tenant must be awarded statutory damages

• Page 33, Line 20equal to the tenant's actual damages and the higher amount of either three

• Page 33, Line 21times the monthly rent or five thousand dollars, as well as any other

• Page 33, Line 22damages, attorney fees, and costs that may be owed.

• Page 34, Line 1SECTION 11.  In Colorado Revised Statutes, 38-12-511, amend (1)(b); and repeal (3) and (4) as follows:

• Page 34, Line 238-12-511.  Application. (1)  Unless created to avoid its

• Page 34, Line 3application, this part 5 shall not apply to any of the following arrangements:

• Page 34, Line 4(b)  Occupancy under a contract of sale of a dwelling unit or the

• Page 34, Line 5property of which it is a part, if the occupant is the purchaser, seller, or a

• Page 34, Line 6person who succeeds to the occupant's interest; except that this subsection

• Page 34, Line 7(1)(b) does not apply to a tenant occupying a dwelling unit under a lease-to-own contract

• Page 34, Line 8(3)  Except as described in subsection (1) of this section, this part

• Page 34, Line 95 applies to all residential premises occupied by a tenant regardless of

• Page 34, Line 10how the tenancy, rental agreement, or housing arrangement is denominated.

• Page 34, Line 11(4)  A claim, counterclaim, or action brought under this part 5 shall

• Page 34, Line 12not have any preclusive effect on a tenant's ability to assert other claims

• Page 34, Line 13in a subsequent action against the landlord for the same injury or arising from the same subject matter or transaction.

• Page 34, Line 14SECTION 12.  In Colorado Revised Statutes, repeal 38-12-512 as follows:

• Page 34, Line 1538-12-512.  Enforcement by the attorney general - district

• Page 34, Line 16court - penalties.(1) (a)  In accordance with section 24-31-115 (1), the

• Page 34, Line 17attorney general may commence a civil action in any district court of

• Page 34, Line 18appropriate jurisdiction against any person that has committed or is engaging in a pattern or practice of violations of this part 5.

• Page 34, Line 19(b)  The attorney general may, upon timely application, intervene

• Page 34, Line 20by right in a civil action in any county court or district court that involves a claim, defense, or counterclaim brought pursuant to this part 5.

• Page 35, Line 1(2)  In exercising the attorney general's powers to commence or

• Page 35, Line 2intervene in a civil action pursuant to subsection (1) of this section, the attorney general may prioritize cases in which:

• Page 35, Line 3(a)  A person or group of persons has engaged in, or is engaged in

• Page 35, Line 4a pattern or practice of, resistance to or noncompliance with this part 5; or

• Page 35, Line 5(b)  A person has violated this part 5 or has denied a person any

• Page 35, Line 6right or protection granted by this part 5 and such violation or denial raises an issue of public importance.

• Page 35, Line 7(3)  If the attorney general intervenes in a civil action in a county

• Page 35, Line 8court pursuant to subsection (1)(b) of this section, the attorney general

• Page 35, Line 9may request the action be transferred to a district court of competent

• Page 35, Line 10jurisdiction. Upon such request by the attorney general, all county court

• Page 35, Line 11proceedings shall be discontinued, and the clerk of the county court shall

• Page 35, Line 12certify all records in the case and transfer the action to the appropriate district court.

• Page 35, Line 13(4) (a)  When the attorney general has cause to believe that a

• Page 35, Line 14person has engaged in or is engaging in a violation of this part 5, the

• Page 35, Line 15attorney general may, in accordance with section 24-31-115 (8)(a), apply

• Page 35, Line 16for and obtain a temporary restraining order or injunction, or both, that

• Page 35, Line 17prohibits the person from continuing or engaging in the actions that violate this part 5 or from doing any act in furtherance of such action.

• Page 35, Line 18(b)  The court may make orders or judgments regarding a

• Page 35, Line 19temporary restraining order or injunction, or both, that the attorney general applies for as authorized pursuant to section 24-31-115 (8)(a).

• Page 35, Line 20(c)  The attorney general may also accept an assurance of

• Page 36, Line 1discontinuance of practices that violate this part 5 pursuant to section 24-31-115 (8)(b).

• Page 36, Line 2(5)  In addition to any other remedies authorized by law, the

• Page 36, Line 3attorney general may seek the imposition of civil penalties on behalf of the state as follows:

• Page 36, Line 4(a)  A person who violates or causes another person to violate any

• Page 36, Line 5provision of this part 5 shall forfeit and pay to the general fund a civil

• Page 36, Line 6penalty of not more than twenty thousand dollars for each violation of this

• Page 36, Line 7part 5. For purposes of this subsection (5)(a), a violation of any provision

• Page 36, Line 8of this part 5 constitutes a separate violation with respect to each tenant or other consumer or transaction involved in the violation.

• Page 36, Line 9(b) (I)  A person who violates or causes another person to violate

• Page 36, Line 10any court order or injunction issued pursuant to this part 5 or section

• Page 36, Line 1124-31-115 (8) shall forfeit and pay to the general fund a civil penalty of

• Page 36, Line 12not more than ten thousand dollars for each violation of the court order or injunction.

• Page 36, Line 13(II)  Upon a violation of a court order or injunction, the attorney

• Page 36, Line 14general may petition the court for the recovery of the civil penalty. The

• Page 36, Line 15court shall order the civil penalty in addition to any other penalty or

• Page 36, Line 16remedy available for the enforcement of this part 5, any court order or injunction, and any other remedy available to the attorney general.

• Page 36, Line 17(III)  For the purposes of this section, the court issuing the order or injunction shall retain jurisdiction, and the cause shall be continued.

• Page 36, Line 18SECTION 13.  In Colorado Revised Statutes, 24-31-101, repeal (1)(i)(XX) as follows:

• Page 36, Line 1924-31-101.  Powers and duties of attorney general. (1)  The

• Page 36, Line 20attorney general:

• Page 37, Line 1(i)  May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:

• Page 37, Line 2(XX)  Part 5 of article 12 of title 38;

• Page 37, Line 3SECTION 14.  In Colorado Revised Statutes, 13-6-105, amend (1)(f)(I) as follows:

• Page 37, Line 413-6-105.  Specific limits on civil jurisdiction. (1)  The county

• Page 37, Line 5court has no civil jurisdiction except that specifically conferred upon it by law. In particular, it has no jurisdiction over the following matters:

• Page 37, Line 6(f)  Original proceedings for the issuance of injunctions, except:

• Page 37, Line 7(I)  As provided in sections 13-6-104 (5) and 38-12-507, and 38-12-510 and 38-12-507 (1)(b);

• Page 37, Line 8SECTION 15.  In Colorado Revised Statutes, 13-40-111, amend (1) as follows:

• Page 37, Line 913-40-111.  Issuance and return of summons. (1)  Upon filing

• Page 37, Line 10the complaint as required in section 13-40-110, the clerk of the court or

• Page 37, Line 11the attorney for the plaintiff shall issue a summons. The summons must

• Page 37, Line 12command the defendant to appear before the court at a place named in the

• Page 37, Line 13summons and at a time and on a day not less than seven days but not more

• Page 37, Line 14than fourteen days after the day of issuing the same to answer the

• Page 37, Line 15complaint of plaintiff. A court shall not enter a default judgment for

• Page 37, Line 16possession before the close of business on the date upon which an

• Page 37, Line 17appearance is due. The summons must also contain a statement addressed

• Page 37, Line 18to the defendant stating: "If you do not respond to the landlord's

• Page 37, Line 19complaint by filing a written answer with the court on or before the date

• Page 37, Line 20and time in this summons or appearing in court at the date and time in this

• Page 37, Line 21summons, the judge may enter a default judgment against you in favor of

• Page 37, Line 22your landlord for possession. A default judgment for possession means

• Page 38, Line 1that you will have to move out, and it may mean that you will have to pay

• Page 38, Line 2money to the landlord. In your answer to the court, you can state why you

• Page 38, Line 3believe you have a right to remain in the property, whether you admit or

• Page 38, Line 4deny the landlord's factual allegations against you, and whether you

• Page 38, Line 5believe you were given proper notice of the landlord's reasons for

• Page 38, Line 6terminating your tenancy before you got this summons. If you are

• Page 38, Line 7claiming that the landlord's failure to repair a residential

• Page 38, Line 8premises is a defense to the landlord's allegation of nonpayment

• Page 38, Line 9of rent, the court will require you to pay into the registry of

• Page 38, Line 10the court, at the time of filing your answer, the rent due less

• Page 38, Line 11any expenses you have incurred based upon the landlord's

• Page 38, Line 12failure to repair the residential premise; unless the court

• Page 38, Line 13determines that you qualify to have this requirement waived due to your income."

• Page 38, Line 14SECTION 16.  In Colorado Revised Statutes, repeal and reenact, with amendments, 13-40-110 as follows:

• Page 38, Line 1513-40-110.  Action - how commenced. (1)  An action under

• Page 38, Line 16this article 40 is commenced by filing with the court a complaint

• Page 38, Line 17in writing describing the property with reasonable certainty,

• Page 38, Line 18the grounds for the recovery thereof, the name of the person in

• Page 38, Line 19possession or occupancy, and a prayer for recovery of

• Page 38, Line 20possession. The complaint may also set forth the amount of rent

• Page 38, Line 21due, the rate at which it is accruing, the amount of damages due,

• Page 38, Line 22and the rate at which they are accruing and may include a

• Page 38, Line 23prayer for rent due or to become due, present and future

• Page 38, Line 24damages, costs, and any other relief to which the plaintiff is

• Page 38, Line 25entitled.

• Page 39, Line 1(2)  In an action for termination of a tenancy in a mobile

• Page 39, Line 2home park, the complaint, in addition to the requirements of

• Page 39, Line 3subsection (1) of this section, must specify the reasons for

• Page 39, Line 4termination as the reasons are stated in section 38-12-203. The

• Page 39, Line 5complaint must specify the approximate time, place, and manner

• Page 39, Line 6in which the tenant allegedly committed the acts giving rise to

• Page 39, Line 7the complaint. If the action is based on the mobile home or mobile

• Page 39, Line 8home lot being out of compliance with the rules and regulations

• Page 39, Line 9adopted pursuant to section 38-12-214, the complaint must

• Page 39, Line 10specify that the home owner was given ninety days after the

• Page 39, Line 11date of service or posting of the notice to quit to cure the

• Page 39, Line 12noncompliance, that ninety days have passed, and that the noncompliance has not been cured.

• Page 39, Line 13SECTION 17.  In Colorado Revised Statutes, 13-40-122, amend (1); and repeal (2.5) as follows:

• Page 39, Line 1413-40-122.  Writ of restitution after judgment - definitions.

• Page 39, Line 15(1) (a)   A court shall not issue a writ of restitution upon any judgment

• Page 39, Line 16entered in any action pursuant to this article 40 until forty-eight hours

• Page 39, Line 17after the time of the entry of the judgment. If the writ of restitution

• Page 39, Line 18concerns a residential tenant who receives supplemental security income,

• Page 39, Line 19social security disability insurance under Title II of the federal "Social

• Page 39, Line 20Security Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance

• Page 39, Line 21through the Colorado works program created in part 7 of article 2 of title

• Page 39, Line 2226, the writ must specify that the writ is not executable for thirty days

• Page 39, Line 23after entry of judgment pursuant to subsection (1)(b) of this section; except in the case:

• Page 39, Line 24(I)  In which a court has ordered a judgment for possession for a substantial violation pursuant to section 13-40-107.5; or

• Page 40, Line 1(II)  Of a landlord with five or fewer single-family rental homes

• Page 40, Line 2and no more than five total rental units including any single-family homes.

• Page 40, Line 3(b)   A writ of restitution must be executed by the officer having the

• Page 40, Line 4same only in the daytime and between sunrise and sunset, and the officer

• Page 40, Line 5shall not execute a writ of restitution concerning a residential tenancy

• Page 40, Line 6until at least ten days after entry of the judgment. except that the officer

• Page 40, Line 7shall not execute a writ of restitution concerning a residential tenancy

• Page 40, Line 8until at least thirty days after entry of judgment if the residential tenant

• Page 40, Line 9receives supplemental security income, social security disability insurance

• Page 40, Line 10under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et

• Page 40, Line 11seq., as amended, or cash assistance through the Colorado works program

• Page 40, Line 12created in part 7 of article 2 of title 26, as specified in the writ; except in the case:

• Page 40, Line 13(I)  In which a court has ordered a judgment for possession for a substantial violation pursuant to section 13-40-107.5; or

• Page 40, Line 14(II)  Of a landlord with five or fewer single-family rental homes

• Page 40, Line 15and no more than five total rental units including any single-family homes.

• Page 40, Line 16(c)  Any writ of restitution governed by this section may be

• Page 40, Line 17executed by the county sheriff's office in which the property is located by

• Page 40, Line 18a sheriff, undersheriff, or deputy sheriff, as described in section

• Page 40, Line 1916-2.5-103 (1) or (2), while off duty or on duty at rates charged by the employing sheriff's office in accordance with section 30-1-104 (1)(gg).

• Page 40, Line 20(2.5) (a) (I)  Notwithstanding subsections (3) and (4) of this

• Page 40, Line 21section, the officer that executes a writ of restitution under subsection (1) of this section shall immediately inspect the premises for any pet animals.

• Page 41, Line 1(II)  If the tenant is present on the premises at the time the writ of

• Page 41, Line 2restitution is being executed, the officer shall give any pet animals found

• Page 41, Line 3during the inspection required by subsection (2.5)(a)(I) of this section to the tenant.

• Page 41, Line 4(III)  If the tenant is not present on the premises at the time the writ

• Page 41, Line 5of restitution is being executed and there are any pet animals found during

• Page 41, Line 6the inspection required by subsection (2.5)(a)(I) of this section, the officer

• Page 41, Line 7shall contact the local authority in charge of animal control to take

• Page 41, Line 8custody of the pet animals. The landlord shall provide the local authority

• Page 41, Line 9in charge of animal control access to the premises to remove or secure the

• Page 41, Line 10pet animals in a timely manner and provide the name and contact

• Page 41, Line 11information of the tenant, if available. The landlord shall post notice at

• Page 41, Line 12the premises in a visible place with the name and contact information of

• Page 41, Line 13the organization where the pet animals have been taken and, upon request

• Page 41, Line 14of the tenant, shall provide the tenant with the name and contact information of the organization where the pet animals have been taken.

• Page 41, Line 15(b)  No pet animal shall be removed from the premises during the

• Page 41, Line 16execution of a writ of restitution and left unattended on public or private property.

• Page 41, Line 17(c)  As used in this section, unless the context otherwise requires, "pet animal" has the same meaning as set forth in section 35-80-102 (10).

• Page 41, Line 18SECTION 18.  In Colorado Revised Statutes, repeal and reenact, with amendments, 13-40-106 as follows:

• Page 41, Line 1913-40-106.  Written demand.The demand required by

• Page 41, Line 20section 13-40-104 shall be made in writing, specifying the

• Page 41, Line 21grounds of the demandant's right to the possession of the

• Page 42, Line 1premises, describing the same, and the time when the same shall

• Page 42, Line 2be delivered up, and shall be signed by the person claiming such possession, the person's agent, or the person's attorney.

• Page 42, Line 3SECTION 19.  In Colorado Revised Statutes, 24-34-502, repeal (1.8) as follows:

• Page 42, Line 424-34-502.  Unfair housing practices prohibited - definition.

• Page 42, Line 5(1.8)  It is not a violation of this section for a landlord to ask a residential

• Page 42, Line 6tenant whether the tenant receives supplemental security income, social

• Page 42, Line 7security disability insurance under Title II of the federal "Social Security

• Page 42, Line 8Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through

• Page 42, Line 9the Colorado works program created in part 7 of article 2 of title 26 for the purposes of complying with section 13-40-110 (1).

• Page 42, Line 10SECTION 20.  In Colorado Revised Statutes, 38-12-801, amend (3); and repeal (2.5) as follows:

• Page 42, Line 1138-12-801.  Written rental agreement - prohibited clauses -

• Page 42, Line 12copy - tenant - applicability - definitions. (2.5) (a)  A written rental

• Page 42, Line 13agreement must include a statement that section 24-34-502 (1) prohibits

• Page 42, Line 14source of income discrimination and requires a non-exempt landlord to

• Page 42, Line 15accept any lawful and verifiable source of money paid directly, indirectly,

• Page 42, Line 16or on behalf of a person, including income derived from any lawful

• Page 42, Line 17profession or occupation and income or rental payments derived from any government or private assistance, grant, or loan program.

• Page 42, Line 18(b)  This subsection (2.5) does not apply to a landlord with five or

• Page 42, Line 19fewer single-family rental homes and no more than five total rental units including any single-family homes.

• Page 42, Line 20(3) (a)   A written rental agreement must not include:

• Page 42, Line 21(I) (a)  A An unreasonable liquidated damages clause that

• Page 43, Line 1assigns a penalty cost to a party stemming from an eviction notice or an eviction action that results from a violation of the rental agreement; or

• Page 43, Line 2(II) (b)  A one-way, fee-shifting clause that awards attorney fees

• Page 43, Line 3and court costs only to one party. Any fee-shifting clause contained in a

• Page 43, Line 4rental agreement must award attorney fees to the prevailing party in a

• Page 43, Line 5court dispute concerning the rental agreement, residential premises, or

• Page 43, Line 6dwelling unit. following a determination by the court that the party prevailed and that the fee is reasonable.

• Page 43, Line 7(III)  A waiver of:

• Page 43, Line 8(A)  The right to a jury trial; except that the parties may agree to

• Page 43, Line 9a waiver of a jury trial in a hearing to determine possession of a dwelling unit;

• Page 43, Line 10(B)  The ability to pursue, bring, join, litigate, or support any kind

• Page 43, Line 11of joint, class, or collective claim or action arising from or relating to the term of the tenancy;

• Page 43, Line 12(C)  The implied covenant of good faith and fair dealing;

• Page 43, Line 13(D)  The implied covenant of quiet enjoyment; except that a

• Page 43, Line 14written rental agreement may provide that the landlord is not responsible

• Page 43, Line 15for any violation of the implied covenant of quiet enjoyment that is

• Page 43, Line 16committed by a third party acting beyond the reasonable control of the landlord; or

• Page 43, Line 17(E)  Mandatory mediation required pursuant to section 13-40-110 (1);

• Page 43, Line 18(IV)  A provision that purports to affix any fee, damages, or

• Page 43, Line 19penalty for a tenant's failure to provide notice of nonrenewal of a rental

• Page 43, Line 20agreement prior to the end of the rental agreement, except for actual

• Page 43, Line 21losses incurred by the landlord as a result of the tenant's failure to provide any such notice required pursuant to the rental agreement;

• Page 44, Line 1(V)  A provision that characterizes any amount or fee set forth in

• Page 44, Line 2the rental agreement, with the sole exception of the set monthly payment

• Page 44, Line 3for occupancy of the premises, as "rent" for which all remedies to collect

• Page 44, Line 4rent, including eviction, are available. Such amounts and fees include any fees for utilities or services and any other charge that is not rent.

• Page 44, Line 5(VI)  A provision that requires a tenant to pay a markup or fee for

• Page 44, Line 6a service for which the landlord is billed by a third party; except that a

• Page 44, Line 7written rental agreement may include a provision that requires a tenant to

• Page 44, Line 8pay either a markup or fee in an amount that does not exceed two percent

• Page 44, Line 9of the amount that the landlord was billed or a markup or fee in an

• Page 44, Line 10amount that does not exceed a total of ten dollars per month, but not both.

• Page 44, Line 11This subsection (3)(a)(VI) does not preclude a prevailing party from

• Page 44, Line 12recovering an amount equal to any reasonable attorney fees awarded by a court pursuant to subsection (3)(a)(II) of this section.

• Page 44, Line 13(VII)  A provision that purports to allow a provider operating

• Page 44, Line 14under any local, state, or federal voucher or subsidy program to

• Page 44, Line 15commence or pursue an action for possession based solely on the nonpayment of utilities; or

• Page 44, Line 16(VIII)  A clause that allows a landlord to recoup any costs

• Page 44, Line 17associated with mandatory mediation required pursuant to section 13-40-110 (1).

• Page 44, Line 18(b)  (c)  Any provision that is included in a written rental agreement in violation of this subsection (3) is void and unenforceable.

• Page 44, Line 19SECTION 21.  In Colorado Revised Statutes, 30-28-211, amend (6); and add (2)(a.6) and (11) as follows:

• Page 44, Line 2030-28-211.  Energy efficient building codes - legislative

• Page 45, Line 1declaration - definitions. (2)  As used in this section, unless the context otherwise requires:

• Page 45, Line 2(a.6)  "Cost effective" means, using the existing energy

• Page 45, Line 3efficiency standards and requirements as a base of comparison,

• Page 45, Line 4that the economic benefits of the proposed energy efficiency

• Page 45, Line 5standards and requirements will exceed the economic costs of

• Page 45, Line 6those standards and requirements based upon an incremental multi-year analysis that:

• Page 45, Line 7(I)  Considers the perspective of a typical first-time home buyer;

• Page 45, Line 8(II)  Considers benefits and costs over a ten-year period;

• Page 45, Line 9(III)  Does not assume fuel price increases in excess of the assumed general rate of inflation;

• Page 45, Line 10(IV)  Ensures that the buyer of a home who would qualify

• Page 45, Line 11to purchase the home before the addition of the energy

• Page 45, Line 12efficiency standards will still qualify to purchase the same

• Page 45, Line 13home after the additional cost of energy saving construction features; and

• Page 45, Line 14(V)  Ensures that the costs of principal, interest, taxes,

• Page 45, Line 15insurance, and utilities will not be greater after the inclusion

• Page 45, Line 16of the proposed cost of the additional energy-saving

• Page 45, Line 17construction features required by the proposed energy

• Page 45, Line 18efficiency rules than under the provisions of the existing energy efficiency rules.

• Page 45, Line 19(6)  Notwithstanding any other provision of this section, the board

• Page 45, Line 20of county commissioners of a county that is required to adopt or update

• Page 45, Line 21an energy code may make any amendments to the energy code that the

• Page 46, Line 1board deems appropriate for local conditions, so long as the amendments

• Page 46, Line 2do not decrease the effectiveness or energy efficiency of the energy code;

• Page 46, Line 3except that any such amendments may not change the cost effectiveness requirement of subsection (11) of this section.

• Page 46, Line 4(11)  Notwithstanding any other provision of this section,

• Page 46, Line 5any provision of any energy code adopted pursuant to this section on or after January 1, 2026, must be cost effective.

• Page 46, Line 6SECTION 22.  In Colorado Revised Statutes, 31-15-602, amend (6); and add (2)(a.6) and (11) as follows:

• Page 46, Line 731-15-602.  Energy efficient building codes - legislative

• Page 46, Line 8declaration - definitions - repeal. (2)  As used in this section, unless the context otherwise requires:

• Page 46, Line 9(a.6)  "Cost effective" means, using the existing energy

• Page 46, Line 10efficiency standards and requirements as a base of comparison,

• Page 46, Line 11that the economic benefits of the proposed energy efficiency

• Page 46, Line 12standards and requirements will exceed the economic costs of

• Page 46, Line 13those standards and requirements based upon an incremental multi-year analysis that:

• Page 46, Line 14(I)  Considers the perspective of a typical first-time home buyer;

• Page 46, Line 15(II)  Considers benefits and costs over a ten-year period;

• Page 46, Line 16(III)  Does not assume fuel price increases in excess of the assumed general rate of inflation;

• Page 46, Line 17(IV)  Ensures that the buyer of a home who would qualify

• Page 46, Line 18to purchase the home before the addition of the energy

• Page 46, Line 19efficiency standards will still qualify to purchase the same

• Page 46, Line 20home after the additional cost of energy saving construction features; and

• Page 47, Line 1(V)  Ensures that the costs of principal, interest, taxes,

• Page 47, Line 2insurance, and utilities will not be greater after the inclusion

• Page 47, Line 3of the proposed cost of the additional energy-saving

• Page 47, Line 4construction features required by the proposed energy

• Page 47, Line 5efficiency rules than under the provisions of the existing energy efficiency rules.

• Page 47, Line 6(6)  Notwithstanding any other provisions of this section, the

• Page 47, Line 7governing body of any municipality that is required to adopt an energy

• Page 47, Line 8code may make any amendments to the energy code that the governing

• Page 47, Line 9body deems appropriate for local conditions, so long as the amendments

• Page 47, Line 10do not decrease the effectiveness of the energy code; except that any

• Page 47, Line 11such amendments may not change the cost effectiveness requirement of subsection (11) of this section.

• Page 47, Line 12(11)  Notwithstanding any other provision of this section,

• Page 47, Line 13any provision of any energy code adopted pursuant to this section on or after January 1, 2026, must be cost effective.

• Page 47, Line 14SECTION 23.  Act subject to petition - effective date. This act

• Page 47, Line 15takes effect at 12:01 a.m. on the day following the expiration of the

• Page 47, Line 16ninety-day period after final adjournment of the general assembly; except

• Page 47, Line 17that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 47, Line 18of the state constitution against this act or an item, section, or part of this

• Page 47, Line 19act within such period, then the act, item, section, or part will not take

• Page 47, Line 20effect unless approved by the people at the general election to be held in

• Page 47, Line 21November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.