Governor Polis has signed HB23-1120 which dramiatically change evictions in Colorado.
The stated purpose of the bill is to protect tenants who receive public rental assistance.
Mediation must now be done before any eviction can take place for tenants who receive public assistance.
Governor Polis has signed into effect HB23-1120. This new bill will change how evictions are handled for both tenants and landlords in Colorado, making evictions more complicated, more expensive, and more delayed.
Concerning eviction protections for residential tenants who receive public assistance, and in connection therewith, making an appropriation.
To protect tenants who are on public assistance by requiring landlords to engage in pre-eviction mediation with tenants who receive assistance.
This is a very complicated bill and we have highlighted some of the aspects below:
Requires mediation on any eviction unless the landlord shows that the tenants are not on housing assistance.
Every posted eviction form must include a new mediation advisement (this applies to both rent and non-rent evictions).
Mediation is required if the tenant receives:
a. Supplemental security income (or)
b. Social Security disability insurance (or)
c. Cash assistance through the Colorado Works program
A signed Affidavit must be given to the court with any eviction filing stating either:
a. The tenant receives assistance, you mediated, and the mediation was unsuccessful (or)
b. Mediation does not apply
Mediation must be conducted by a trained neutral third party and scheduled through the state office of dispute resolution (the mediation cost must be paid by the landlord)
If mediation is unsuccessful and the eviction goes forward, a writ of restitution cannot be executed for 30 days and must be endorsed not prior to 30 days after judgment (this increased the timeline which is currently 10 days)
Other things to know about this new law:
Every lease must contain new language regarding the source of income discrimination protections
The law is effective immediately
The law does not apply to landlords with 5 or fewer rentals
This is just one of nine new laws passed that will impact landlords and tenants. In Colorado. more new laws are coming
If you are an owner-client or a tenant-resident of Grace Property Management, we will ensure that all legal processes are handled correctly and we fully comply with all current state and federal laws.
Property Management is not just our business - it is a relationship between us, our owner-clients, and our tenant-residents. If these are important to you, we may be a good fit to provide you, your property, and your tenant-resident with our award-winning property management service. Feel free to reach out to us for assistance.
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