Colorado Governor Jared Polis signed a policy that curbs evictions for “cause” into law on Friday, making the state the sixth in the nation to enact such a policy.
In effect, tenants have a right of first refusal to renew their leases under the law passed by the legislature late last month. A tenant who complains about the condition of an apartment could be protected from discriminatory or retaliatory nonrenewals from landlords.
“I’m glad we’re doing this,” said Democratic Rep. Javier Mabrey, who sponsored the legislation with House Majority Leader Monica Duran, Democratic Sen. Julie Gonzales, and Democratic Sen. Nick Hinrichsen. “During the process of developing this legislation, we heard from families who have seen firsthand the effects of a lack of basic protections on parents who were removed because of their racial or ethnic background, or because they complained about problems in the home.”
Exactly what does the law do?
According to the new law, tenants have a right of first refusal when it comes to renewing their leases. An eviction during a lease is already subject to cause – such as nonpayment of rent. In this new law, the landlord determines whether to renew the lease after the lease expires.
What is the importance of the new law?
Despite Colorado’s housing crisis and the tens of thousands of evictions it causes every year, this law is among the most significant tenant protections passed in recent memory.
Progressive lawmakers have sought immediate measures to reduce displacement and evictions, while Polis has pursued land-use reforms that encourage denser growth.
As part of that approach, the for-cause evictions bill represented the most prominent policy, along with measures to improve housing safety, access to eviction proceedings, and lease agreement regulations.
A month-long fight has been waged over Polis’ for-cause bill.
Polis’ desk came into contact with the bill how?
Similar but broader legislation proposed by Mabrey and Gonzales cleared the House last year, but was blocked by moderate Democrats in the Senate.
Mabrey and other supporters sat in the Senate lobby during the penultimate day of the 2023 legislative session as that attempt died a procedural death. Renters were criticised for not being prioritized or protected enough by state leaders after it was killed by progressive legislators and advocates.
What changed in legislators’ approach?
In this year’s version of the policy, lawmakers dropped more controversial elements like requiring landlords to pay for tenants’ relocation costs. During her January opening-day remarks, House Speaker Julie McCluskie announced the policy as a priority of the chamber, and Duran joined as a co-sponsor.
In spite of that, supporters had to face opposition from landlord groups and legislative Republicans. They also had to contend with senate Democrats who tried to hijack the legislation late in the process.
After the vote, Cesiah Guadarrama Trejo, the co-chair of Colorado Homes for All, the coalition backing the bill, said after the vote, “We did everything we could to ensure that this could be passed to ensure that our members and working families and renters who were displaced by evictions and displacements would receive these protections”.
What is the purpose of this law?
Those who support the measure hope to reduce displacement of renters. For-cause protections offer tenants the right of first refusal, which supporters believe is important since landlords can displace tenants for a variety of nefarious reasons, such as discrimination or complaints about the condition of an apartment. A tenant who was displaced by her landlord as a result of explicit racial discrimination was represented by attorney Mabrey, an eviction defense lawyer.
Those tenants who are not renewed then are expected to pay the upfront costs associated with relocating, such as deposits, application fees, and moving costs.
According to landlords and property owners opposed to the bill, an expired lease lets them move on from “problem” tenants they cannot otherwise evict.
What are the exemptions?
Yes, of course.It is legal for landlords and property owners to terminate a lease renewal for a variety of reasons.There are a few exemptions, including demolition or significant renovations, moving into the property themselves, or taking the property off the market for long-term rentals.
Additionally, tenants who have a history of not paying rent can be exempt if they refuse to sign a new lease.A property owner cannot raise rent as a means of retaliating against a tenant, but the bill does prevent them from other ways of circumventing the law.
