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Protections For Residential Tenants

Concerning protections for residential tenants, and, in connection therewith, prohibiting a landlord from considering certain information relating to a prospective tenant's income or rental history, establishing a maximum amount that a landlord can require as a security deposit, and allowing a tenant to assert as an affirmative defense in an eviction proceeding that a landlord violated anti-discriminatory housing laws.
2023 Regular Session
Bill Summary

Section 1 of the bill restricts a landlord, with certain exceptions, from considering or inquiring about certain information relating to a prospective tenant's rental history, amount of income and credit history. Section 1 also requires a landlord who solicits and accepts rental applications for the rental of a residential premises to rent to the first prospective tenant who applies and satisfies the landlord's financial and other rental screening criteria. A landlord must keep records of when rental applications are received and provide a time-stamped receipt to any prospective tenant who submits a rental application and requests such a receipt.Section 2 defines the terms "amount of income", "dwelling unit", and "housing subsidy" for the purposes of the bill.Section 3 states that a landlord who violates any of the bill's new prohibitions is subject to an initial penalty of $50, to be paid to the aggrieved party. A landlord who does not cure the violation is also subject to a statutory penalty of $5,000 $2,500, to be paid to the aggrieved party in addition to the initial penalty and any economic damages, court costs, and attorney fees.Sections 1 and 4 establish that a violation of any of the bill's new prohibitions is an unfair housing practice subject to enforcement by private persons, the attorney general, and the Colorado civil rights division.Section 5 requires a landlord to allow a tenant to pay a security deposit in monthly installments over a period that is equal to half the term of the tenancy. Section 5 also prohibits a landlord from requiring a tenant to submit a security deposit in an amount that exceeds the amount of one two monthly rent payment payments under the rental agreement.Sections 6 and 7 establish that Section 6 allows a tenant who alleges is subject to an eviction action to assert as an affirmative defense that the tenant's landlord has violated or is in violation of any certain state laws concerning unfair housing practices. has an affirmative defense against an eviction action.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Became Law


Bill Text

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