CO HB1240

HB 25-1240: Protections for Tenants with Housing Subsidies

• Landlords must comply with federal notice requirements (15 U.S.C. § 9058(c)) before initiating eviction proceedings for nonpayment of rent against tenants in covered dwellings

• Landlords who fail to make reasonable efforts to respond to rental assistance application requests or cooperate with tenants applying for rental assistance in good faith commit an unfair housing practice

• Courts must award at least $5,000 in damages to plaintiffs when landlords discriminate based on a tenant's use of a housing subsidy, with additional mandatory civil penalties of at least $5,000 from the Civil Rights Commission

• Tenants can recover rent overpayments during habitability breaches regardless of whether rent was paid directly by the tenant or through a housing subsidy

• Division of Housing is encouraged to publish resources helping landlords identify covered dwellings and available financial assistance programs