refund application fees within 20 days when a lease is declined . This bill increases the liability of landlords who violate the Rental Application Fairness Act , from triple the application fee to $ 2500 .
HB23-1120
EVICTION PROTECTIONS FOR RESIDENTIAL TENANTS
This bill requires mediation between a landlord and a residential tenant in an eviction proceeding if the tenant receives supplemental security income , federal social security disability insurance , or financial assistance from the Colorado Works program . Mediation is not required if the tenant does not disclose that they receive financial assistance to the landlord . Failure to comply with mandatory mediation in these eviction proceedings is an affirmative defense . Lease agreements must contain a notice that qualified individuals are entitled to mediation and must not contain a waiver of mandatory mediation under the provisions of the bill .
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HB23-1171
JUST CAUSE REQUIREMENT EVICTION OF RESIDENTIAL TENANT
The Association was able to defeat this bill . It attempted to create a “ Just Cause Eviction Policy ,” to apply to all residential premises in the state , except short-term rental properties , owneroccupied properties , and mobile home spaces . Under current law , a tenancy may be terminated by written notice served within limited timeframes , depending on the length of the tenancy . This bill prohibited a landlord from evicting a tenant unless there was just cause , which existed when a tenant was guilty of unlawful detention of property under certain circumstances in existing law or when the tenant qualified for a no-fault eviction .
HB23-1190
AFFORDABLE HOUSING RIGHT OF FIRST REFUSAL
This bill creates the right of first refusal ( ROFR ), with certain exemptions , for local governments to purchase multi-unit residential properties for affordable housing . Under the bill , local governments are given the right to purchase a qualifying property for an economically substantially identical offer to which the seller lists the property . Any sale agreement for the conveyance of a qualifying property by a residential seller is contingent on the first refusal of the municipality or county where the property is located . As introduced , qualifying properties included any multifamily or mixed-use property consisting of five or more residential units in urban counties , and three or more residential units in rural or rural resort counties .
• Only applies to buildings 30 years or older
• As introduced , the timeline added up to more than 400 days to the selling process . It was amended to 90 days with local governments required to assert its intent to exercise the right of first refusal within 7 days
• Amended to 15 units or more
22 | TRENDS JUNE 2023 www . aamdhq . org