A Bill for an Act
Page 1, Line 101Concerning the enforcement of existing landlord-tenant
Page 1, Line 102law.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Section 1 of the bill clarifies that the attorney general has the power to initiate and bring civil and criminal actions to enforce certain state landlord-tenant laws. Section 2 makes corresponding conforming amendments to the attorney general's statutory powers and duties.
Sections 3 and 4 grant counties, cities and counties, and municipalities the power to initiate and bring civil and criminal actions to enforce certain state landlord-tenant laws.
Section 5 establishes a receivership mechanism that is available as a remedy for violations of applicable laws and regulations by the owner of multifamily residential property. The attorney general's office, a county, a city and county, and a municipality may all apply to a district court for the appointment of a receiver to operate a residential property. The bill establishes the process for a district court appointing a receiver, including requiring a hearing and an order of appointment that specifies the duties of a receiver, and the criteria for qualifying as a receiver. No sooner than 180 days after the district court appoints a receiver, the owner of the relevant property, attorney general, county, city and county, or municipality may submit an application to the district court seeking the termination of the receivership. As with the appointing of a receiver, the bill establishes the process by which a district court may terminate a receivership.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 24-31-101, amend
Page 2, Line 3(1)(i)(XXII); and add (1)(i)(XXIV), (1)(i)(XXV), and (1)(i)(XXVI) as follows:
Page 2, Line 424-31-101. Powers and duties of attorney general. (1) The attorney general:
Page 2, Line 5(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:
Page 2, Line 6(XXII) Part 14 of article 12 of title 38;
andPage 2, Line 7(XXIV) Beginning January 1, 2026, part 4 of article 12 of title 38;
Page 2, Line 8(XXV) Beginning January 1, 2026, part 8 of article 12 of title 38; and
Page 2, Line 9(XXVI) Beginning January 1, 2026, part 10 of article 12 of title 38.
Page 2, Line 10SECTION 2. In Colorado Revised Statutes, 24-31-115, amend
Page 2, Line 11(4)(a) introductory portion, (5)(a), (6)(b), (8)(a) introductory portion, (8)(a)(III), (8)(b), and (9) as follows:
Page 3, Line 124-31-115. Housing unit - powers of attorney general or
Page 3, Line 2district attorney - subpoenas - document production - remedies -
Page 3, Line 3injunctive relief - penalties. (4) Powers. (a) When the attorney general
Page 3, Line 4has reasonable cause to believe that any person, whether in this state or
Page 3, Line 5elsewhere, has engaged in or is engaging in a violation of any of the
Page 3, Line 6provisions listed in section 24-31-101,
(1)(i)(IX) to (1)(i)(XIV),Page 3, Line 7(5) Subpoenas - production of documents. (a) When the
Page 3, Line 8attorney general has reasonable cause to believe that a person, whether in
Page 3, Line 9this state or elsewhere, has engaged in or is engaging in a violation of any
Page 3, Line 10of the provisions listed in section 24-31-101,
(1)(i)(IX) to (1)(i)(XIV),Page 3, Line 11attorney general, in addition to any other powers conferred upon the
Page 3, Line 12attorney general by this article 31, may issue subpoenas to require the
Page 3, Line 13attendance of witnesses or the production of documents, administer oaths,
Page 3, Line 14conduct hearings in aid of any investigation or inquiry, and prescribe such
Page 3, Line 15forms and promulgate such rules as may be necessary to administer the provisions of this article 31.
Page 3, Line 16(6) Inadmissible testimony. (b) Subject to subsection (8) of this
Page 3, Line 17section, the records of investigations or intelligence information of the
Page 3, Line 18attorney general obtained under this article 31 may constitute public
Page 3, Line 19records available for inspection by the public at the sole discretion of the
Page 3, Line 20attorney general. This subsection (6)(b) shall not be construed to prevent
Page 3, Line 21the attorney general from issuing public statements describing or warning
Page 3, Line 22of any course of conduct or any conspiracy that constitutes a violation of
Page 3, Line 23any of the provisions listed in section 24-31-101,
(1)(i)(IX) toPage 3, Line 24
(1)(i)(XIV),Page 4, Line 1(8) Injunctive authority - assurances of discontinuance.
Page 4, Line 2(a) Whenever the attorney general has cause to believe that a person has
Page 4, Line 3engaged in or is engaging in a violation of any of the provisions listed in
Page 4, Line 4section 24-31-101,
(1)(i)(IX) to (1)(i)(XIV),Page 4, Line 5apply for and obtain, in an action in the appropriate district court of this
Page 4, Line 6state, a temporary restraining order or injunction, or both, pursuant to the
Page 4, Line 7Colorado rules of civil procedure, prohibiting the person from continuing
Page 4, Line 8or engaging in such practices, or doing any act in furtherance of such
Page 4, Line 9practices. The court may make such orders or judgments as is necessary to:
Page 4, Line 10(III) Prevent any unjust enrichment by any person through the use
Page 4, Line 11or employment of any practice that is in violation of any of the provisions listed in section 24-31-101.
(1)(i)(IX) to (1)(i)(XIV).Page 4, Line 12(b) Where the attorney general has authority to institute a civil
Page 4, Line 13action or other proceeding pursuant to the provisions of this article, the
Page 4, Line 14attorney general may accept, in lieu thereof or as a part thereof, an
Page 4, Line 15assurance of discontinuance of any practice that constitutes a violation of
Page 4, Line 16any of the provisions that are listed in section 24-31-101.
(1)(i)(IX) toPage 4, Line 17
(1)(i)(XIV).Page 4, Line 18stipulation for the voluntary payment by the alleged violator of the costs
Page 4, Line 19of investigation and the costs of any action or proceeding by the attorney
Page 4, Line 20general or a district attorney and any amount necessary to restore to any
Page 4, Line 21person any money or property that may have been acquired by the alleged
Page 4, Line 22violator by means of a violation of any of the provisions that are listed in
Page 4, Line 23section 24-31-101.
(1)(i)(IX) to (1)(i)(XIV).Page 4, Line 24discontinuance accepted by the attorney general and any such stipulation
Page 4, Line 25filed with the court as a part of any such action or proceeding is a matter
Page 5, Line 1of public record unless the attorney general determines, in the attorney
Page 5, Line 2general's sole discretion, that the assurance of discontinuance and any
Page 5, Line 3stipulation are confidential to the parties to the action or proceeding and
Page 5, Line 4to the court and its employees. Upon the filing of a civil action by the
Page 5, Line 5attorney general alleging that a confidential assurance of discontinuance
Page 5, Line 6or stipulation accepted pursuant to this subsection (8)(b) has been
Page 5, Line 7violated, the assurance of discontinuance or stipulation is deemed a public
Page 5, Line 8record and open to inspection by any person. Proof by a preponderance
Page 5, Line 9of the evidence of a violation of any such assurance or stipulation
Page 5, Line 10constitutes prima facie evidence of a deceptive trade practice for the
Page 5, Line 11purposes of any civil action or proceeding brought thereafter by the
Page 5, Line 12attorney general, whether a new action or a subsequent motion or petition in any pending action or proceeding.
Page 5, Line 13(9) Penalties. In order to enforce the provisions of this article 31,
Page 5, Line 14in addition to any penalties stated in this article 31, the attorney general
Page 5, Line 15may seek any of the penalties or other enforcement mechanisms specified
Page 5, Line 16in
the "Immigrant Tenant Protection Act", part 12 of article 12 of title 38;Page 5, Line 17
the "Mobile Home Park Act", part 2 of article 12 of title 38; the "MobilePage 5, Line 18
Home Park Act Dispute Resolution and Enforcement Program", part 11Page 5, Line 19
of article 12 of title 38; part 1 of article 12 of title 38; part 7 of article 12Page 5, Line 20
of title 38; and section 38-12-904 (1)(b)Page 5, Line 21including any penalties available to aggrieved tenants or other
Page 5, Line 22aggrieved persons under these provisions, along with costs to enforce these provisions.
Page 5, Line 23SECTION 3. In Colorado Revised Statutes, 30-11-101, add (1)(m) as follows:
Page 5, Line 2430-11-101. Powers of counties. (1) Each organized county
Page 6, Line 1within the state is a body corporate and politic and as such is empowered for the following purposes:
Page 6, Line 2(m) Independently initiating and bringing civil and criminal actions to enforce:
Page 6, Line 3(I) Parts 1, 2, 5, 7, 9, 11, 12, and 14 of article 12 of title 38; and
Page 6, Line 4(II) Beginning January 1, 2026, parts 4, 8, and 10 of article 12 of title 38.
Page 6, Line 5SECTION 4. In Colorado Revised Statutes, 31-15-101, amend (1)(e) and (1)(f); and add (1)(g) as follows:
Page 6, Line 631-15-101. Municipalities - bodies politic - powers. (1) Municipalities:
Page 6, Line 7(e) May have a common seal which they may alter at their pleasure;
andPage 6, Line 8(f) May accept the transfer of federal land for public purposes,
Page 6, Line 9including but not limited to municipal expansion and residential purposes; and
Page 6, Line 10(g) May independently initiate and bring civil and criminal actions to enforce:
Page 6, Line 11(I) Parts 1, 2, 5, 7, 9, 11, 12, and 14 of article 12 of title 38; and
Page 6, Line 12(II) Beginning January 1, 2026, parts 4, 8, and 10 of article 12 of title 38.
Page 6, Line 13SECTION 5. In Colorado Revised Statutes, add 38-12-513 as follows:
Page 6, Line 1438-12-513. Receivership of residential housing. (1) The
Page 6, Line 15purpose of this section is to establish a receivership mechanism
Page 7, Line 1that will be available as a remedy for violations of applicable
Page 7, Line 2laws and regulations by the owner of multifamily residential property.
Page 7, Line 3(2) The following parties may apply to the district court
Page 7, Line 4for the appointment of a receiver to operate a multifamily residential property:
Page 7, Line 5(a) The attorney general, when the attorney general has
Page 7, Line 6reasonable cause to believe that any person, whether in this
Page 7, Line 7state or elsewhere, has engaged in or is engaging in a violation
Page 7, Line 8of this part 5 in connection with the multifamily residential property;
Page 7, Line 9(b) A county or city and county, upon:
Page 7, Line 10(I) A violation of a county public health code provision
Page 7, Line 11concerning multifamily residential property on the property
Page 7, Line 12when that violation has gone uncorrected for more than thirty days after notice of such a violation; or
Page 7, Line 13(II) A second violation, on a separate occasion than the
Page 7, Line 14violation described in subsection (2)(b)(I) of this section, in a
Page 7, Line 15twelve-month period, of a county public health code provision
Page 7, Line 16concerning multifamily residential property on the property; and
Page 7, Line 17(c) A municipality, upon:
Page 7, Line 18(I) A violation of a city ordinance concerning multifamily
Page 7, Line 19residential property on the property, when that violation has
Page 7, Line 20gone uncorrected for more than thirty days after notice of such a violation; or
Page 7, Line 21(II) A second violation, on a separate occasion than the
Page 8, Line 1violation described in subsection (2)(c)(I) of this section, in a
Page 8, Line 2twelve-month period, of a city ordinance concerning multifamily residential property on the property;
Page 8, Line 3(3) (a) A petitioner seeking the appointment of a receiver
Page 8, Line 4pursuant to this section must file an application with the
Page 8, Line 5district court for the county or city and county where the multifamily residential property is located.
Page 8, Line 6(b) (I) The district court shall not hold a hearing
Page 8, Line 7concerning an application for the appointment of a receiver
Page 8, Line 8pursuant to this section sooner than seventy-two hours after
Page 8, Line 9the following parties have been served with notice thereof, as provided in the Colorado rules of civil procedure:
Page 8, Line 10(A) The owner of record of the multifamily residential property;
Page 8, Line 11(B) Any lessee or mortgagee of the multifamily residential property;
Page 8, Line 12(C) The city in which the multifamily residential property is located;
Page 8, Line 13(D) The county or city and county in which the multifamily residential property is located;
Page 8, Line 14(E) The attorney general's office; and
(F) The department of local affairs.
Page 8, Line 15(II) In providing notice pursuant to subsection (3)(b)(I) of this section, a party does not have to provide notice to itself.
Page 8, Line 16(c) An application for appointment of a receiver pursuant
Page 8, Line 17to this subsection (3) has precedence and priority over any civil
Page 8, Line 18or criminal case pending in the district court where the application is filed.
Page 9, Line 1(4) (a) The district court's appointment of a receiver
Page 9, Line 2pursuant to this section shall be in accordance with and governed by rule 66 of the Colorado rules of civil procedure.
Page 9, Line 3(b) To appoint a receiver pursuant to this section, the district court must find that:
Page 9, Line 4(I) Grounds for the appointment of a receiver exist due to
Page 9, Line 5a finding by the district court, based on a preponderance of the
Page 9, Line 6evidence, supporting the relevant claims in an application
Page 9, Line 7submitted by a party pursuant to subsection (2) of this section; and
Page 9, Line 8(II) Proper notice as required by subsection (3) of this section has been served.
Page 9, Line 9(c) A receiver appointed by the district court pursuant to
Page 9, Line 10this section must be a person with knowledge and experience in
Page 9, Line 11the operation, maintenance, and improvement of residential
Page 9, Line 12housing. The district court may also require that the receiver post a bond with adequate sureties as determined by the court.
Page 9, Line 13(d) In appointing a receiver pursuant to this section, the
Page 9, Line 14district court must hold a hearing, at which time the parties may appear and be heard.
Page 9, Line 15(e) Following the hearing described in subsection (4)(d) of
Page 9, Line 16this section, if the court appoints a receiver, the court must
Page 9, Line 17enter an order of appointment that specifies the duties and
Page 9, Line 18responsibilities of the receiver, which must include that the receiver:
Page 9, Line 19(I) Within thirty days of being appointed by the district
Page 10, Line 1court, submit a plan to the district court for the remediation of
Page 10, Line 2any violations of this part 5, a county or city and county public health code, or a municipal ordinance;
Page 10, Line 3(II) Take the actions necessary to ensure that the
Page 10, Line 4multifamily residential property is no longer in violation of this
Page 10, Line 5part 5, a county or city and county public health code, or a municipal ordinance;
Page 10, Line 6(III) No later than every thirty days after being
Page 10, Line 7appointed by the district court, submit an accounting and status
Page 10, Line 8report to the district court, which must include actions that
Page 10, Line 9have been completed and actions that are still ongoing to
Page 10, Line 10achieve compliance with this part 5, a county or city and county public health code, or a municipal ordinance; and
Page 10, Line 11(IV) At the end of the receivership, as described in
Page 10, Line 12subsection (8) of this section, submit a final accounting and
Page 10, Line 13status report to the court, which must include actions that
Page 10, Line 14have been completed and actions that are still ongoing to
Page 10, Line 15achieve compliance with this part 5, a county or city and county public health code, or a municipal ordinance.
Page 10, Line 16(5) (a) A receiver appointed by the district court pursuant to this section has the power to:
Page 10, Line 17(I) Remediate any violation by the multifamily residential
Page 10, Line 18property of this part 5, a county or city and county public health code, or a municipal ordinance;
Page 10, Line 19(II) As necessary to accomplish the remediation and compliance described in subsection (5)(a)(I) of this section:
Page 10, Line 20(A) Enter into new contracts;
(B) Borrow money;
Page 11, Line 1(C) Secure funds by granting liens upon the multifamily residential property; and
Page 11, Line 2(D) Receive rent from tenants of the multifamily
Page 11, Line 3residential property, so long as that rent is first applied to the
Page 11, Line 4costs of remediating any violation by the multifamily
Page 11, Line 5residential property of this part 5, a county or city and county
Page 11, Line 6public health code, or a municipal ordinance and bringing the
Page 11, Line 7multifamily residential property into compliance with this part
Page 11, Line 85, county or city and county public health codes, and municipal ordinances; and
Page 11, Line 9(III) Exercise any other powers deemed necessary by the
Page 11, Line 10district court and not inconsistent with rule 66 of the Colorado rules of civil procedure.
Page 11, Line 11(b) The receiver's fees established in the district court's
Page 11, Line 12order of appointment entered pursuant to subsection (4)(e) of
Page 11, Line 13this section may only be covered by money that the receiver raises pursuant to subsection (5)(a)(II)(C) of this section.
Page 11, Line 14(c) In exercising its powers pursuant to this subsection (5),
Page 11, Line 15a receiver is not required to employ standard public bidding practices and may:
Page 11, Line 16(I) Carry out executory contracts;
(II) Enter into new contracts;
Page 11, Line 17(III) Borrow money;
(IV) Mortgage or pledge property;
Page 11, Line 18(V) Sell assets at public or private sale;
Page 11, Line 19(VI) Make and receive conveyances in the corporate name;
(VII) Lease real estate;
Page 12, Line 1(VIII) Settle or compromise claims;
Page 12, Line 2(IX) Commence and prosecute all actions and proceedings necessary to enable liquidation; and
Page 12, Line 3(X) Distribute assets either in cash or in kind among
Page 12, Line 4members according to their respective rights after paying or adequately providing for the payment of liabilities.
Page 12, Line 5(6) The receiver shall perform duties, assume
Page 12, Line 6responsibilities, and preserve the multifamily residential
Page 12, Line 7property in accordance with established principles of law for receivers of real property.
Page 12, Line 8(7) Nothing in this section prevents the court from
Page 12, Line 9altering or amending the terms and conditions of the
Page 12, Line 10receivership or the receiver's responsibilities and duties
Page 12, Line 11following a hearing, at which time the parties may appear and be
Page 12, Line 12heard, and nothing in this section prohibits the parties from
Page 12, Line 13stipulating to the terms and conditions of the receivership and
Page 12, Line 14the responsibilities and duties of the receiver, including the
Page 12, Line 15duration thereof, which stipulation must be submitted to the court for approval.
Page 12, Line 16(8) (a) No sooner than one hundred eighty days after the
Page 12, Line 17district court has appointed a receiver for a multifamily
Page 12, Line 18residential property, any of the following may submit an
Page 12, Line 19application to the district court seeking the termination of the receivership:
Page 12, Line 20(I) The owner of the multifamily residential property;
Page 12, Line 21(II) The attorney general's office;
Page 13, Line 1(III) The city in which the multifamily residential property is located; and
Page 13, Line 2(IV) The county or city and county in which the multifamily residential property is located.
Page 13, Line 3(b) A district court may only terminate a receivership if it:
Page 13, Line 4(I) Receives an application to terminate the receivership pursuant to subsection (8)(a) of this section;
Page 13, Line 5(II) Finds that terminating a receivership is in the public interest; and
Page 13, Line 6(III) Finds that the owner of the multifamily residential property has:
Page 13, Line 7(A) Demonstrated that it will carry out any remaining
Page 13, Line 8actions identified by the receiver as necessary to ensure that
Page 13, Line 9the multifamily residential property is no longer in violation of
Page 13, Line 10this part 5, a county or city and county public health code, or a municipal ordinance;
Page 13, Line 11(B) Paid or deposited with the district court any money
Page 13, Line 12necessary for the receiver to complete their duties pursuant to this section;
Page 13, Line 13(C) Agreed to assume all legal obligations, including
Page 13, Line 14debt, incurred by the receiver in connection with the receivership of the multifamily residential property;
Page 13, Line 15(D) Paid all liens on the multifamily residential property,
Page 13, Line 16as well as any costs incurred by the receiver in connection with the receivership of the multifamily residential property; and
Page 13, Line 17(E) Posted a bond with the district court in an amount
Page 14, Line 1determined by the district court and equal to not more than
Page 14, Line 2fifty percent of the fair market value of the multifamily
Page 14, Line 3residential property, which bond is forfeited in the event of
Page 14, Line 4future violation by the multifamily residential property of this
Page 14, Line 5part 5, a county or city and county public health code, or a
Page 14, Line 6municipal ordinance and failure to bring the multifamily
Page 14, Line 7residential property into compliance with this part 5, county or
Page 14, Line 8city and county public health codes, and municipal ordinances,
Page 14, Line 9and which bond is released when the actions, obligations, and
Page 14, Line 10indebtedness identified in this subsection (8)(b)(III) are completed or otherwise satisfied.
Page 14, Line 11(c) Notwithstanding subsection (8)(b) of this section, the
Page 14, Line 12district court may terminate the receivership upon a finding
Page 14, Line 13that the receiver has completed its work and that all
Page 14, Line 14violations by the multifamily residential property of this part
Page 14, Line 155, a county or city and county public health code, or a municipal
Page 14, Line 16ordinance have been remedied and the multifamily residential
Page 14, Line 17property has been brought into compliance with this part 5,
Page 14, Line 18county or city and county public health codes, and municipal ordinances.
Page 14, Line 19(d) Upon a finding that the owner of the multifamily
Page 14, Line 20residential property has not complied with any of the conditions
Page 14, Line 21identified in subsection (8)(b)(III) of this section, the district court may reappoint the receiver.
Page 14, Line 22(e) After terminating the receivership pursuant to this subsection (8), the district court:
Page 14, Line 23(I) May appoint the receiver, or another qualified entity
Page 15, Line 1that satisfies the requirements of a receiver established in
Page 15, Line 2subsection (4)(c) of this section, to monitor the owner's
Page 15, Line 3operation and maintenance of the multifamily residential property; and
Page 15, Line 4(II) Shall order a final accounting and finally fix the fees
Page 15, Line 5and expenses of the receiver following a hearing, at which time the parties may appear and be heard.
Page 15, Line 6(9) Notwithstanding anything in this section to the contrary:
Page 15, Line 7(a) Nothing in this section relieves the owner of the
Page 15, Line 8multifamily residential property of any civil or criminal
Page 15, Line 9liability or any duty imposed by reason of acts or omissions of
Page 15, Line 10the owner, nor does the district court's appointment of a
Page 15, Line 11receiver suspend any obligation the owner of the multifamily
Page 15, Line 12residential property or any other person may have for payment
Page 15, Line 13of taxes, any operating or maintenance expenses, or mortgages or liens, or for repair of the multifamily residential property;
Page 15, Line 14(b) A receiver appointed by a district court pursuant to
Page 15, Line 15this section is liable for injuries to persons and property to the
Page 15, Line 16same extent as the owner of the multifamily residential
Page 15, Line 17property would have been liable; except that, such liability is
Page 15, Line 18limited to the assets and income of the receivership, including
Page 15, Line 19any proceeds of insurance purchased by the receiver in its capacity as receiver;
Page 15, Line 20(c) A receiver is not personally liable for actions or inactions within the scope of the receiver's capacity as receiver;
Page 15, Line 21(d) Only a suit approved by the district court that appoints the receiver may be brought against the receiver; and
Page 16, Line 1(e) Nothing in this section limits the right of tenants to
Page 16, Line 2raise any counterclaims or defenses in any summary process or other action regarding possession brought by a receiver.
Page 16, Line 3SECTION 6. Act subject to petition - effective date. This act
Page 16, Line 4takes effect at 12:01 a.m. on the day following the expiration of the
Page 16, Line 5ninety-day period after final adjournment of the general assembly; except
Page 16, Line 6that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 16, Line 7of the state constitution against this act or an item, section, or part of this
Page 16, Line 8act within such period, then the act, item, section, or part will not take
Page 16, Line 9effect unless approved by the people at the general election to be held in
Page 16, Line 10November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.