The bill establishes that evidence that a person has engaged in an unfair or deceptive trade practice constitutes a significant impact to the public. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act modifies existing warranty of habitability laws by clarifying actions that constitute a breach of the warranty of habitability (breach) and procedures for both landlords and tenants when a warranty of habitability claim (claim) is alleged by the tenant. Updates to existing warranty of habitability laws include: Establishing time frames for when a landlord must communicate with the tenant and commence remedial action after having notice of a condition related to the habitability of a residential premises; Requiring a landlord to perform conduct to address an uninhabitable condition until such condition is completely remedied or repaired; Establishing a rebuttable presumption that a landlord has failed the landlord's duty to remedy or repair a condition if the condition continues to exist either 7 or 14 days after the landlord has notice of the condition, depending on the condition at issue in the tenant's claim; Determining when a landlord is presumed to have notice of a condition; Requiring a landlord to provide a tenant with a comparable dwelling unit or hotel room for up to 60 days while the landlord addresses any uninhabitable conditions that materially interfere with the tenant's life, health, or safety; Requiring a landlord to maintain all records, including correspondence and other documentation, relevant to a tenant's claim and any remedial actions taken by the landlord; Requiring rental agreements entered into after January 1, 2025, to feature a statement in English and Spanish regarding where a tenant can report or deliver written notice of an unsafe or uninhabitable condition; Establishing procedures for when a landlord may enter the dwelling unit of a tenant to address an uninhabitable condition and identifying circumstances when a tenant may deny a landlord entry to the dwelling unit; Clarifying certain conditions or characteristics of residential premises that are considered uninhabitable; Establishing that there is a rebuttable presumption that certain conditions and characteristics of a residential premises materially interfere with a tenant's life, health, or safety; and Modifying and clarifying a tenant's option for remedies when bringing a claim against a landlord and modifying procedures for accessing those remedies. The act establishes legal standards and court procedures related to claims, including authorizing a tenant to raise a breach as an affirmative defense against a landlord's action for possession or action of collection against the tenant. The act also establishes legal standards and procedures for a landlord's defense to a claim and limitations on a tenant's claim. The act instructs the court in its calculation of actual and punitive damages for breach cases. The act prohibits retaliation and specifies what tenant actions are protected by the prohibition on retaliation and what actions constitute retaliation by the landlord. The act clarifies the jurisdiction of the attorney general and county and district courts over matters related to violations of the warranty of habitability. The act also modifies the statement included in a summons issued to a defendant in a court proceeding regarding an action for possession brought by a landlord. APPROVED by Governor May 3, 2024 EFFECTIVE May 3, 2024(Note: This summary applies to this bill as enacted.)
The bill states that a landlord, may not employ or rely upon an algorithmic device in setting the amount of rent to be charged to a tenant for the occupancy of a residential premises, may not employ or rely upon an algorithmic device that uses, incorporates, or was trained with nonpublic competitor data . A violation of the prohibition is person who violates or assists another person in violating the prohibition commits an unfair or deceptive trade practice under the "Colorado Consumer Protection Act" and may be punished accordingly. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act requires that, in order to plant uncertified potatoes, a potato grower must: Submit the uncertified potato seed stock to the certifying authority of Colorado for testing and have the certifying authority approve the potatoes for planting; or Ensure the uncertified potatoes are no more than one generation removed from certified or qualified parent potatoes and submit the uncertified potato seed stock to the certifying authority for testing. The testing process is aimed to ensure that if uncertified potatoes are planted in Colorado, those potatoes are free from disease or other issues that may be detrimental to Colorado's potato crop. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Current law creates a specialized program (program) for offenders who were sentenced to an adult prison for certain felony offenses committed while the offender was under 21 years of age. Current law permits an offender who successfully completes the program to apply to the governor for early parole, which the governor may grant under certain conditions. Current law requires the state board of parole to review the application, conduct a hearing, and make a recommendation to the governor concerning whether early parole should be granted. The bill removes the requirement for the governor's approval of an early parole application by an offender who completes the program and instead gives the parole board the authority to grant early parole.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The youth restraint and seclusion working group (working group) is set to repeal September 1, 2024. The act extends the working group until September 1, 2034 and requires a sunset review prior to its repeal. APPROVED by Governor April 19, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
With certain exceptions, the act prohibits a landlord from evicting a residential tenant unless the landlord has cause for eviction. Cause exists only when: A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended by the act; A tenant or lessee engages in conduct that creates a nuisance or disturbance that interferes with the quiet enjoyment of the landlord or other tenants at the property or an immediately adjacent property, or where the tenant negligently damaged the property; or Conditions exist constituting grounds for a "no-fault eviction". The following conditions constitute grounds for a "no-fault eviction" of a residential tenant, with certain limitations: Demolition or conversion of the residential premises; Substantial repairs or renovations to the residential premises; Occupancy of the residential premises is assumed by the landlord or a family member of the landlord; Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises; A tenant refuses to sign a new lease with reasonable terms; and A tenant has a history of nonpayment of rent. If a landlord proceeds with an eviction of a tenant without cause, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant and may assert the landlord's violation as an affirmative defense to an eviction proceeding. Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy. For the purpose of such notices, certain provisions apply, including the following: Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown; and Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit. The act eliminates these provisions. Current law requires the management of a mobile home park to make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The act increases this notice period to 72 hours. APPROVED by Governor April 19, 2024 EFFECTIVE April 19, 2024(Note: This summary applies to this bill as enacted.)
Under current law, a person convicted of certain sex offenses is subject to an indeterminate prison sentence. The bill eliminates indeterminate prison sentences except for Colorado Jessica's Law convictions and imposes mandatory minimum determinate sentences with a requirement to serve 75% of the sentence before parole eligibility and an indeterminate term of parole. The bill specifies which sex offenders must complete mandatory sex offender treatment while in prison and which sex offenders may complete the treatment in the community while serving the community portion of the sex offender's sentence.(Note: This summary applies to this bill as introduced.)
The act prohibits counties, cities and counties, and municipalities from limiting the number of people who may live together in a single dwelling based on familial relationship, while allowing local governments to implement residential occupancy limits based only on: Demonstrated health and safety standards, such as international building code standards, fire code regulations, or Colorado department of public health and environment wastewater and water quality standards; or Local, state, federal, or political subdivision affordable housing program guidelines. APPROVED by Governor April 15, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)
The act prohibits training for law enforcement personnel, emergency medical service providers, or other first responders from including the term "excited delirium"; except that in an emergency medical service provider training the term may be used in teaching the history of the term. A peace officer is prohibited from using the term "excited delirium" to describe a person in an incident report. A coroner or other person authorized to determine a cause of death shall not register "excited delirium" as the cause of death on a death certificate. APPROVED by Governor April 4, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
