August 2025 | Page 19

LEGISLATION assistance efforts, however, it is the exceptional situations where there is some other difficulty going on with the tenant. Perhaps, the tenant has habitually been on rental assistance placing a burden on the landlord. A refusal to cooperate with rental assistance no longer is an option for a landlord to break the cycle. Bottom line, a bill that was probably well intended towards tenants, will have a negative impact on both landlords and tenants by making it more expensive to provide new housing.
The legislature turned its attention to Domestic Violence in HB25-1168, this law is in effect now. There were already existing laws to protect victims of domestic violence in housing. The issue of victim survivors is a serious one, but the legislature has greatly expanded the protections victims had, and now places more financial burdens on housing providers. The previous protections allowed victims to terminate their leases with reliable documentation, such as a police report or restraining order. Tenants are now able to self attest to their status as a victim survivor of stalking, domestic violence or abuse. There has to also be a connection to their inability to pay their rent, if so they are entitled to an extended repayment plan, a pause on any eviction, or can have the ability to terminate their lease.
The timelines are tight for a landlord, with a requirement of offering repayment plans within 3 business days. Since this bill has passed we have seen a significant uptick in clients being informed that there is a domestic violence issue with the tenant asking for relief. There is little recourse for the landlord to challenge the viability of these requests. This could be a coincidence.
The consequences to a landlord of violating the protections are significant,
www. aamdhq. org

" Under SB25-020, if you do not maintain your property, the government can take control over it... If the government can demonstrate a pattern of neglect with a residential multifamily property they can get a Court ordered receiver in place."

allowing for injunctive relief, recovery of damages, costs, attorneys fees. Statutory damages equal to the tenant’ s actual damages plus the greater of three times the monthly rent or five thousand dollars, as well as punitive damages and costs.
Under SB25-020, if you do not maintain your property, the government can take control over it. The term government is intentionally broad, because a receivership could be put in place by the attorney general, the county government, or city government. The remedy is drastic and not without cost to the government, but the lesson is clear. If the government can demonstrate a pattern of neglect with a residential multifamily property they can get a Court ordered receiver in place. Surely the bar is high for neglect, it could be for inoperable windows, locks, or fire suppression equipment as a few examples. This law is effective in August 2025.
Security Deposits were also addressed this session. HB25-1249. Some good news for landlords, this law will make it easier to return the security deposit if a tenant agrees to an ACH for the return of the deposit. The law is also significantly different from the original proposed bill. There are now mandated inspections if
For more information about new laws please register for Pete ' s New Laws Seminar on August 21at PPA Event Center
requested by the tenant both before and after the tenant vacates the property. The operational shift is related to leases, damages assessed will be based on normal wear and tear, which does not include cleanliness. A landlord is now required to share documentation that supports the retention of the deposit. The parties also can no longer contract for cleaning services. This will increase the cost of a turn to a landlord, and limit what a landlord can recover. This law is in effect January 1, 2026.
In a bright spot for development, SB25-167 gives the ability to provide a preference to employees of public school districts. A law that can be applauded for promoting the ability to direct housing, without creating a new financial burden or litigation risk for housing providers.
This is not an exhaustive list of the new laws or even the proposed bills that did not pass this year, such as the jury trial bill. For a list of laws from this past session, go to the legislative tracker at tsm. law.
Pete Muccio is Senior Associate Attorney and Partner at Tschetter Sulzer Muccio, P. C.
17 | TRENDS AUGUST 2025