June 2023 | Page 25

HB23-1233
ELECTRIC VEHICLE CHARGING & PARKING REQUIREMENTS
This bill includes a number of provisions concerning electric vehicle charging stations , including electric code requirements , local parking regulations , property tax provisions , and potential charging stations at rest areas . The State Electrical Board must adopt rules requiring that applicants for an electrical permit must comply with the Model Electric Ready and Solar Ready Code , which requires multifamily buildings to have charging equipment installed . These rules are effective March 1 , 2024 . Local governments may decide whether to apply existing codes or the new rules to development that is already permitted .
Current law prohibits a lease agreement or a homeowner ’ s association from preventing the tenant from installing an electric vehicle charging station on leased or owned property . The bill expands the prohibition to parking spaces that are assigned to the resident or otherwise available to the resident .
HB23-1302
HOUSING ACCESSIBILITY
The Association was able to defeat this legislation but expects that it will come back next year . This bill , as introduced modified the accessible housing standards and specifications required for any permanent building or facility used as housing . All plans submitted to the Division of Housing in the Department of Local Affairs ( DOLA ) or to local building departments must have conformed to the standards , with limited exceptions . The bill required that the alteration of walls or defining boundaries in housing must comply with minimum alteration requirements to the maximum extent possible .
This bill was introduced late in the session at the same time as the above-described accessibility task force bill . The bill sponsor ultimately asked the committee of reference to postpone the bill indefinitely , considering that a task force was being created to study the same issues covered by the bill , and the fact that there was not enough time left in the session to give this bill the thorough consideration it would need .
SB23-184
PROTECTIONS FOR RESIDENTIAL TENANTS
This bill limits landlords from using certain financial and rental history information about prospective tenants during the rental application process and places other requirements on landlords concerning rental applications . The bill prohibits landlords from charging a security deposit greater than two months ’ rent . As introduced , the allowable rent-to-income ratio was capped at 125 %. We worked to increase this cap to 300 % but ultimately the bill was amended to 200 %. The bill prohibits using credit scores when assistance programs are in use and requires approval for a tenant that has a 50 % of gross income to rent ratio .
SB23-206
DISCLOSE RADON INFORMATION RESIDENTIAL PROPERTY
This bill establishes that buyers or renters of residential property have the right to be informed of whether a property has been tested for elevated levels of radon . The bill requires sellers or landlords of residential property to provide warnings about the dangers of exposure to radon and to disclose certain information about radon presence or mitigation at a specific residential property . If a landlord fails to provide written disclosures or fails to mitigate elevated radon levels , the tenant may void the lease ; after January 1 , 2026 , the tenant may void the lease only if the lease is longer than one year .
HB23-1254 HABITABILITY OF RESIDENTIAL PREMISES
This bill updates the methods a tenant may use to notify their landlord of an unsafe condition and requires the landlord to remediate any habitability issues . A tenant may terminate the lease if they have notified the landlord of a habitability issue , the landlord fails to remediate the issue , and the landlord cannot provide adequate alternative housing during the remediation . A landlord violates the warranty of habitability if any environmental contaminants are at unsafe levels following an environmental public health event , as determined by certain national standards .
Destiny Bossert is the Manager of Government Affairs at Apartment Association of Metro Denver and Colorado Apartment Association . www . aamdhq . org JUNE 2023 TRENDS | 23