Apartment Trends Magazine June 2019 | Page 37

HB 19-1322 (Roberts, Will/Moreno, Coram) Expand Supply Affordable Housing This bill requires that up to $30 million from the Unclaimed Property Trust Fund be transferred to the Housing Development Grant Fund each June for three years starting in FY 2020-21 through FY 2022-23. Transfers are limited to three fiscal years. The amount transferred will be based on the balance in the Unclaimed Property Trust Fund as of June 1 each fiscal year, as well as the Legislative Council Staff June revenue forecast. If the amount of revenue forecast exceeds the Referendum C cap for the current year minus $30 million dollars, the transfer will be made. In addition to existing statutory mandates, the funds transferred to the Housing Development Grant Fund may be spent for the following purposes: • • • • • • • grants and loans for housing in non-urban areas for purchasers with up to 120 percent of the area median household income; down payment assistance programs for households with up to 100 percent of the area median household income in conjunction with public and private organizations; programs for home rehabilitation; repair, replacement, and disposal of mobile homes, in conjunction with local organizations; grants and loans for land acquisition and infrastructure costs for the provision of utilities for affordable housing developments; grants and loans for affordable housing targeted at specific area or income levels; and rental assistance programs targeting homeless families, Medicaid clients in nursing homes, family unification, veterans, households below 60 percent of the area's median income, and survivors of domestic violence. The Division of Housing is required to consult with stakeholders from urban and rural communities in order to determine how to meet the needs of local communities, serve populations with the greatest unmet need, and optimize the funds allocated. Position: Support Outcome: Passed House & Senate Effective Date: August 2, 2019 HB 19-1328 (Herod/Rodriguez) Landlord & Tenant Duties Regarding Bed Bugs The bill requires a tenant to promptly notify a landlord when the tenant knows or reasonably suspects that a rented residential unit contains bed bugs. Not more than 96 hours after receiving notice, a landlord must inspect the dwelling unit and any contiguous dwelling units. Except as otherwise provided, a landlord is responsible for all costs associated with mitigating bed bugs. The bill requires that landlords provide tenants reasonable notice of the need to inspect a unit. Tenants must comply with reasonable measures to mitigate bed bugs and must pay any cost associated with preparing the dwelling unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply with inspection and treatment requirements is liable for the cost of subsequent bed bug treatments. Position: Neutral Outcome: Passed House & Senate Effective Date: January 1, 2020 SB 19-180 (Winter/McCluskie) Eviction Legal Defense This bill creates the Eviction Legal Defense Fund in the Judicial Department. Grants will automatically be awarded from this fund twice a year to qualifying nonprofit organizations in each county that will provide legal advice, counseling, and representation to indigent clients facing or at risk of eviction. This bill requires nonprofit organizations that receive a grant from this fund to submit an annual report to the State Court Administrator's Office (SCAO) that includes information on the number of clients served, nature of assistance rendered, amount of rent in dispute, and demographic data. In addition, the SCAO must evaluate the use of grant money from the fund by December 31, 2024 and every five years thereafter. This bill allows the SCAO to accept and spend gifts, grants, and donations for the purpose of awarding grants. Lastly, this bill provides an appropriation of $750,000 to the eviction legal defense fund. Position: Monitor Outcome: Passed House & Senate Effective Date: Upon Signature of Governor SB 19-225 (Gonzales, Rodriguez/Lontine, Gonzales- Gutierrez) Authorize Local Government to Stabilize Rent Current law prohibits a local government from enacting laws that control rent on private residential real property, or private residential housing units. This bill attempted to remove that prohibition and permit local governments to enact local laws or regulations that stabilize rent on private residential property. The sponsors of this bill pitched it as a “rent stabilization bill but it would have been the first giant step toward rent control in Colorado. The bill was assigned to the only Senate committee it could possibly pass through but was never heard on 2nd reading in the Senate. Democratic leadership knew there weren't enough votes to pass the bill, so rather than eat up hours of time debating rent control, they opted to let it die on the calendar. Position: Oppose Outcome: Died on the Calendar SB 19-236 (Garcia, Fenberg/Hansen, Becker) Sunset Public Utilities Commission This bill continues the Public Utilities Commission (PUC) in the Department of Regulatory Agencies (DORA) for seven years. It also implements various recommendations from the sunset review and makes other changes to the operations of the PUC. It incorporates the provisions of House Bill 19-1313 related to the PUC and electric utilities, including adding clean energy planning requirements for carbon dioxide emissions for electricity generation by large utilities, allowing an electric utility to apply to the PUC to issue energy impact bonds, and specifying the rights of retail electric utility customers concerning customer- site generated renewable sources. The PUC is repealed on September 1, 2026, pending a sunset review. The primary reason the Apartment Association tracked this particular bill is because of a specific recommendation in the PUC Sunset Report prepared by DORA last summer. This recommendation was to prohibit agency agreements between property owners and towing companies. Members of the Apartment Association including towing companies and property owners opposed this recommendation. We provided testimony at the hearing and successfully advocated to keep this recommendation out of the bill as introduced and ultimately adopted. Position: Monitor Outcome: Passed House & Senate Effective Date: Upon Signature of Governor www.aamdhq.org JUNE 2019 TRENDS | 35