Under current law, if a tenant notifies his or her landlord in writing that he or she is the victim of domestic violence or domestic abuse and provides to the landlord evidence in the form of a police report written within the prior 60 days or a valid protection order, and the tenant seeks to vacate the premises due to fear of imminent danger for self or children, then the tenant may terminate the rental agreement or lease and vacate the premises with minimal remaining obligations. The bill extends this privilege to victims of unlawful sexual behavior and stalking. The bill also provides that a statement from an application assistant designated by the address confidentiality program or, in the case of a victim of unlawful sexual behavior, from a medical professional, confirming the tenant's victim status is a third means of presenting evidence to the landlord. If a tenant to a residential rental agreement or lease agreement notifies the landlord that the tenant is a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the landlord shall not disclose such fact to any person except with the consent of the victim or as the landlord may be required to do so by law. If a tenant to a residential rental agreement or lease agreement terminates his or her lease pursuant to this section because he or she is a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, and the tenant provides the landlord with a new address, the landlord shall not disclose such address to any person except with the consent of the victim or as the landlord may be required to do so by law. Under current law, a dangerous or uninhabitable condition in a rented property does not constitute a breach of the warranty of habitability if the condition is caused by the misconduct of the tenant, a member of the tenant's household, a guest or invitee of the tenant, or a person under the tenant's direction or control. However, such a condition is not misconduct by a victim of domestic violence or domestic abuse if the condition is the result of domestic violence or domestic abuse and the landlord has been given written notice and evidence of domestic violence or domestic abuse. The bill adds language to provide the same protection for tenants who are victims of unlawful sexual behavior or stalking. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sponsored bills
Sunset Process - Senate Transportation Committee. Sections 7, 8, and 9 of the bill continue the motorcycle operator safety training program for 3 years, until 2020. Sections 1 to 5 transfer the program from the office of transportation safety in the department of transportation to the office of the chief of the state patrol in the department of public safety, effective January 1, 2018. Sections 5 and 6 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, when the total consideration paid by the purchaser in a real property transaction exceeds $500, the county clerk and recorder collects a one cent documentary fee for each $100 of such consideration for the recording of real estate deeds or other instruments in writing. Section 1 of the bill raises the fee to 2 cents commencing January 1, 2018. Section 2 specifies that 50% of the moneys generated from the imposition of the total fee must be deposited with the county treasurer at least once each month and credited by him or her in the manner prescribed by law and the remaining 50% of the moneys generated from the imposition of the fee must be transmitted by the county treasurer to the Colorado housing and finance authority (authority) at least once each month to be credited to the statewide affordable housing investment fund (fund). Section 3 creates the fund in the authority. The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund. All moneys in the fund must be expended for the purpose of supporting new or existing programs that: Facilitate the construction or rehabilitation of housing containing residential units designated as affordable housing; and Provide financial assistance to any nonprofit entity and political subdivision that makes loans to households to enable the financing, purchase, or rehabilitation of residential units. The bill defines 'affordable housing' to mean housing that is designed to be affordable for households with an income that is: Up to 80% of the area median income for rental occupancy; and Up to 110% of the area median income for home ownership. This section of the bill also specifies the intent of the general assembly that, of the moneys made available to the authority to support the programs supported by the bill, the authority shall direct that a portion of such moneys be expended on programs in counties with a total population of 175,000 or fewer residents. New or existing programs supported by the fund are to be administered by the authority. The authority may determine how best to allocate and expend the portion of moneys deposited into the fund that support the programs that it administers under the bill. Section 3 also requires the authority to prepare a report, no later than November 1, 2021, and no later than November 1 of the last year of each 3-year period thereafter, specifying the use of the fund during the prior 3-year period.. The report must include information on all moneys allocated to, and expended from, the fund. The bill requires the department of local affairs to include a summary of the report in its departmental presentation to its oversight committee of reference made pursuant to the 'SMART Act' in connection with the departmental presentation made in the year following the calendar year in which the authority has prepared a report. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
With respect to an application screening fee that a landlord may charge a prospective tenant, the bill: Limits the fee to cover the landlord's actual costs; Requires the landlord to provide any person who has paid the fee with either a disclosure of the landlord's anticipated expenses for which the fee will be used or a receipt that itemizes the landlord's actual expenses incurred. The landlord may provide the person with an electronic receipt, unless the person requests a paper receipt. Requires the landlord to return any amount of the fee that is not used as authorized by law; and Establishes a penalty for a landlord that does not comply with the requirements related to the fee. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Education Committee. The Colorado health service corps advisory council reviews applications and makes recommendations for participation in the Colorado health service corps program (program). The program awards educational loan repayment for medical professionals who agree to provide primary health services in federally designated health professional shortage areas in Colorado. The bill continues the Colorado health service corps advisory council indefinitely. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, the clerk of the court mails notice of the filing of certain petitions and the date and time of hearings on the petition to specified interested parties by registered mail. The bill changes the process so the clerk of the court may send the notice by first-class mail or electronically using the e-filing system of the judicial department. Under current law, if a respondent in a domestic relations action cannot be personally served and is served by publication, the clerk of the court is required to post a copy of the process on a bulletin board in the clerk's office for 35 days after the date of publication and may post the notice online on the court's website. The bill gives the clerk the option of posting the notice online on the court's website rather than on a bulletin board. The bill also updates the time frame for holding certain hearings to multiples of 7 days. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)