Effective Date: June 6th , 2023
Key points:
- Mandatory Mediation Before Filing Eviction:
- Before a landlord may file an eviction complaint, the landlord and tenant must participate in mandatory mediation conducted by a neutral third party. This mediation must be provided at no cost to the tenant and scheduled within 14 days of the landlord’s request, unless the tenant voluntarily waives the right (but waivers cannot be included in lease agreements).
- Extended Time Before Execution of Writs of Restitution:
- For tenants who receive Supplemental Security Income, Social Security Disability Insurance, or cash assistance through Colorado Works, a writ of restitution (the order that allows law enforcement to remove a tenant) may not be executed until 30 days after judgment —providing additional time to secure housing.
- Source of Income Non‑Discrimination in Leasing:
- Rental agreements must include a statement that Colorado law prohibits discrimination based on lawful income sources—including public assistance or subsidy—except for very small landlords (five or fewer single‑family homes with no more than five total rental units).
- Rental Agreement Clause Restrictions:
- The bill eliminates clauses in leases that waive mandatory mediation rights or allow landlords to shift mediation costs onto tenants. It also reinforces protections against one‑way fee‑shifting and unreasonable liquidated damages.
- Judicial Reporting Requirement:
- Beginning in January 2024 , the Judicial Department must report on the number of mediations scheduled under this law, their outcomes, and associated costs as part of its annual SMART Act hearings.
- Appropriation for Implementation:
- The act appropriates funding to the Judicial Department for administration of mediation services and related infrastructure.
