Protections For Residential Tenants

The act restricts a landlord, with certain exceptions, from considering or inquiring about certain information relating to a prospective tenant's amount of income and credit history. A landlord may not require a prospective tenant to have an annual income that exceeds 200% of the annual cost of rent. A landlord who violates one of the new prohibitions is subject to an initial penalty of $50, to be paid to the aggrieved party. A landlord who does not cure the violation is also subject to a penalty of $2,500, to be paid to the aggrieved party in addition to the initial penalty and any economic damages, court costs, and attorney fees. A violation is also an unfair housing practice subject to enforcement by private persons, the attorney general, and the Colorado civil rights division. The act prohibits a landlord from requiring a tenant to submit a security deposit in an amount that exceeds the amount of 2 monthly rent payments. The act allows a tenant who is subject to an eviction action to assert as an affirmative defense that the tenant's landlord has violated or is in violation of certain state laws concerning unfair housing practices. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)