HB23-1120 Summary

• Requires mandatory prelitigation mediation for eviction cases involving tenants receiving Supplemental Security Income, Social Security Disability Insurance, or Colorado Works cash assistance, with mediation scheduled within 14 calendar days at no cost to tenants.

• Extends the period before law enforcement can execute a writ of restitution from 10 days to 30 days for tenants receiving the specified public assistance programs, except in cases of substantial violations or small landlords with 5 or fewer rental units.

• Requires landlords to include a signed affidavit with eviction complaints stating either that mandatory mediation occurred and was unsuccessful, that the tenant did not disclose receiving public assistance, or that they qualify for an exemption.

• Prohibits lease agreements from including waivers of mandatory mediation rights or clauses allowing landlords to recoup mediation costs, and clarifies that asking about a tenant's public assistance income does not violate fair housing laws.

• Appropriates $328,026 to the judicial department for the 2023-24 fiscal year to implement mediation requirements, including $246,076 for administrative costs, $75,000 for IT infrastructure, and $6,950 for capital outlay.