HB 25-1168 CO Became Law
Housing Protections for Victim-Survivors
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Summary
As it relates to unlawful detention of real property, the act expands current exceptions and protections for tenants who are victims of domestic violence and domestic abuse to include victims of unlawful sexual behavior and stalking (victim-survivor). If domestic violence or domestic abuse was the cause of an alleged unlawful detention of real property, current law requires the tenant to document the domestic violence or domestic abuse through a police report or a valid civil or emergency protection order (required documentation). The act expands the required documentation to include a valid criminal protection order, a self-attestation affidavit or a letter signed by a qualified third party from whom the tenant sought assistance. If a tenant has been alleged to have committed unlawful detention of real property due to nonpayment or late payment of rent and the tenant has provided the landlord with the required documentation, the act requires the landlord to offer the tenant a repayment plan no later than 3 business days after serving a demand for unpaid rent or no later than 3 business days after receiving the required documentation. Within 7 days after receipt of the repayment plan, the act requires the tenant to accept the landlord's repayment plan or propose an alternative. If a landlord has written or actual notice that a tenant is a victim-survivor, the act requires the landlord to make all reasonable efforts to perfect service through personal service to the tenant. The act requires the court to suppress, or continue suppressing, any related court records upon receiving the victim-survivor's motion or petition to suppress the record, the required documentation, and an assertion that public access to the records poses a risk to the defendant's safety or the safety of a family member of the defendant's household. The act makes changes to certain court procedures as the procedures relate to victim-survivors. If a tenant who is a victim-survivor terminates a lease and provides the required documentation, the tenant is not liable for damage to the dwelling unit caused by the responsible party or during the course of an incident of unlawful sexual behavior, stalking, domestic violence, or domestic abuse. The act requires the tenant to pay no more than one month's rent after vacating the premises only if the landlord has incurred economic damages as a direct result of the early termination and the landlord has provided documentation of the economic damages to the tenant within 30 days after termination of the rental or lease agreement. The act prohibits a landlord from assigning a debt allegedly owed by a tenant who is a victim-survivor to a third-party debt collector unless the landlord provides the tenant with documentation of the economic damages incurred by the landlord and provides at least 90 days' written notice to the tenant. If a tenant provides notice to the landlord that the tenant is a victim-survivor and provides the required documentation, the act prohibits the landlord from preventing the tenant from changing the locks and prohibits the landlord from imposing fees on, taking any adverse action against, or otherwise retaliating against the tenant for changing the locks or taking other reasonable safety precautions. The act authorizes a tenant to bring a civil action against a landlord for violating provisions related to housing protections for victim-survivors. (Note: This summary applies to this bill as enacted.)
Sponsors (3)
- Mandy Lindsay Democratic · primary
- Cecelia Espenoza Democratic · primary
- Mike Weissman Democratic · primary
43 coauthors / cosponsors
- J. Bacon Democratic · cosponsor
- S. Bird · cosponsor
- A. Boesenecker Democratic · cosponsor
- K. Brown Democratic · cosponsor
- S. Camacho Democratic · cosponsor
- C. Clifford Democratic · cosponsor
- M. Duran Democratic · cosponsor
- R. English Democratic · cosponsor
- M. Froelich Democratic · cosponsor
- L. García Democratic · cosponsor
- J. Jackson Democratic · cosponsor
- J. Joseph Democratic · cosponsor
- S. Lieder Democratic · cosponsor
- W. Lindstedt Democratic · cosponsor
- M. Lukens Democratic · cosponsor
- J. Mabrey Democratic · cosponsor
- B. Marshall Democratic · cosponsor
- J. McCluskie Democratic · cosponsor
- K. McCormick Democratic · cosponsor
- J. Phillips Democratic · cosponsor
- N. Ricks Democratic · cosponsor
- M. Rutinel Democratic · cosponsor
- E. Sirota Democratic · cosponsor
- K. Stewart Democratic · cosponsor
- R. Stewart Democratic · cosponsor
- T. Story Democratic · cosponsor
- B. Titone Democratic · cosponsor
- A. Valdez Democratic · cosponsor
- J. Willford Democratic · cosponsor
- M. Ball Democratic · cosponsor
- J. Bridges Democratic · cosponsor
- J. Coleman Democratic · cosponsor
- L. Cutter Democratic · cosponsor
- J. Danielson Democratic · cosponsor
- J. Gonzales Democratic · cosponsor
- I. Jodeh Democratic · cosponsor
- C. Kipp Democratic · cosponsor
- C. Kolker Democratic · cosponsor
- D. Michaelson Jenet · cosponsor
- R. Rodriguez Democratic · cosponsor
- T. Sullivan Democratic · cosponsor
- K. Wallace Democratic · cosponsor
- F. Winter · cosponsor
Action history (15)
- May 22, 2025 Governor Signed · executive
- May 2, 2025 Sent to the Governor · executive
- May 1, 2025 Signed by the President of the Senate · upper
- May 1, 2025 Signed by the Speaker of the House · lower
- Apr 11, 2025 House Considered Senate Amendments - Result was to Concur - Repass · lower
- Apr 6, 2025 House Considered Senate Amendments - Result was to Laid Over Daily · lower
- Apr 4, 2025 Senate Third Reading Passed - No Amendments · upper
- Apr 3, 2025 Senate Second Reading Special Order - Passed with Amendments - Committee · upper
- Mar 31, 2025 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole · upper
- Mar 10, 2025 Introduced In Senate - Assigned to Judiciary · upper
- Mar 5, 2025 House Third Reading Passed - No Amendments · lower
- Mar 4, 2025 House Second Reading Special Order - Passed with Amendments - Committee, Floor · lower
- Mar 3, 2025 House Second Reading Laid Over Daily - No Amendments · lower
- Feb 26, 2025 House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole · lower
- Feb 3, 2025 Introduced In House - Assigned to Transportation, Housing & Local Government · lower
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