Concerning protections for residential tenants, and, in connection therewith, prohibiting a landlord from considering certain information relating to a prospective tenant’s income or rental history, establishing a maximum amount that a landlord can require as a security deposit, allowing tenants to pay security deposits in installments, and allowing a tenant to assert as an affirmative defense in an eviction proceeding that a landlord violated anti-discriminatory housing laws.
BILL SUMMARY
Section 1 of the bill restricts a landlord from considering or inquiring about certain information relating to a prospective tenant’s rental history, amount of income, and credit history. Section 1 also requires a landlord who solicits and accepts rental applications for the rental of a residential premises to rent to the first prospective tenant who applies and satisfies the landlord’s financial and other rental screening criteria. A landlord must keep records of when rental applications are received and provide a time-stamped receipt to any prospective tenant who submits a rental application and requests such a receipt.Section 2 defines the terms “amount of income” and “housing subsidy” for the purposes of the bill.Section 3 states that a landlord who violates any of the bill’s 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 statutory penalty of $5,000, to be paid to the aggrieved party in addition to the initial penalty and any economic damages, court costs, and attorney fees.Sections 1 and 4 establish that a violation of any of the bill’s new prohibitions is an unfair housing practice subject to enforcement by private persons, the attorney general, and the Colorado civil rights division.Section 5 requires a landlord to allow a tenant to pay a security deposit in monthly installments over a period that is equal to half the term of the tenancy. Section 5 also prohibits a landlord from requiring a tenant to submit a security deposit in an amount that exceeds the amount of one monthly rent payment under the rental agreement.Sections 6 and 7 establish that a tenant who alleges that the tenant’s landlord has violated or is in violation of any state laws concerning unfair housing practices has an affirmative defense against an eviction action.
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