T
he legislative session is well underway at the State Capitol. Of the 700 expected
bills to flow through the process, our industry is facing three bills that are
impactful to the multifamily industry. The government affairs team, on behalf
of the Colorado Apartment Association, is actively working with bill sponsors to amend
the following three major bills:
HB 1106: Rental
HB 1118: Time Period to
Application Fees Cure Lease Violation
A bill sponsored by Representative
Titone (D), Arvada and
Representative Gonzales-Gutierrez
(D), Denver, requires that a landlord
may not charge a prospective tenant
a rental application fee unless the
landlord uses the entire amount
of the fee to cover the landlord's
costs in processing the rental
application. A landlord
also may not charge a
prospective tenant a rental
application fee that is in
a different amount than
a rental application fee
charged to another
prospective tenant who
applies to rent.Your
government affairs
team has offered
amendments to
this bill and we
are currently
negotiating
changes to the
language. This bill, sponsored by
Representative Jackson (D), Aurora
and Representative Galindo (D),
Greeley, would require a landlord
to provide a tenant 14 days to
cure a violation for unpaid rent or
for a first violation of any other
condition or covenant of a lease
agreement, other than a substantial
violation, before the landlord can
initiate eviction proceedings.
The bill requires a 14 day notice
prior to the landlord terminating a
lease agreement for a subsequent
violation of the same condition
or covenant of the agreement.
Your government affairs team is
currently working to amend this
bill to lessen the number of days as
written in the current bill.
HB 1170: Residential
Tenants Health and Safety
Act (Warranty of Habitability)
This bill sponsored by Representative
Weissman (D), Aurora and
Representative Jackson (D), Aurora
requires:
The language changes “a reasonable
time period” to a requirement to
begin remedial action by employing
“reasonable efforts” in 24 or 72 hours
depending on the type of issue and
requires notification to the tenant
within 24 hours after receiving notice
of the issue.
The proposal also adds mold and
functioning appliances to the definition
of the uninhabitable premise.
The bill removes “opt-outs” under
current law (less than 4 units, etc.)
and, includes a tenant’s right for early
termination of the lease if certains
conditions are not met.
What's Next and How Can You Get
Involved?
With a new shift in power from the November election, we are presented with a new
environment under the gold dome as both the Senate and House are under Democrat
leadership. We are working with the bill sponsors to negotiate revisions to the language
on these three bills to reach a compromise to best for the need of the industry.
However, we cannot succeed without your support, as this session is extremely vital.
You are welcome to attend our next Joint Legislative Advisory Council (JLAC) meeting
to join the discussion. The meeting will be held on April 9, 2019 at noon. Please let
Loren Courntey know that you are planning to attend so we can arrange for adequate
seating and lunch. Email Loren at [email protected]
If you are willing to testify on any of these important bills, please contact Nancy
Burke, vice president of government and community affairs at [email protected] or
Destiny Bossert, government affairs manager at [email protected] for
more information.
www.aamdhq.org
MARCH 2019
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