Colorado House Bill 23-1120, Eviction Protections For Residential Tenants, will make the eviction process more fair and return power to tenants who are most vulnerable to eviction.
1. Require pre-litigation eviction mediation for tenants who receive Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or Temporary Assistance for Needy Families (TANF):
● Coloradans with disabilities face unique challenges in finding housing that is accessible and affordable when the state is already experiencing a housing crisis. Mediation provides the opportunity for parties to work out a solution without resorting to eviction.
● It also increases the likelihood that landlords can recoup unpaid rent and avoid the cost of litigation.
2. Extend the period after an eviction judgment before law enforcement can execute writ of restitution from 10 to 30 days.
● This extension gives tenants who receive TANF and who receive certain disabilities assistance reasonable time to arrange new accessible housing if they are evicted.
How it works:
Neutral mediators: Mediation would be provided through the State Office of Dispute Resolution.
No cost to tenants: Mediation would be provided at no-cost to tenants while landlords would pay $50 per hour.
Notice of right to mediation: The bill requires a landlord to inquire with a tenant about their status as an SSI, SSDI, or TANF recipient, and eligibility for mandatory mediation, before an eviction may be filed.
Equity to empowerment
This bill advances social equity by giving tenants with disabilities more negotiating power in the eviction process. It also requires reasonable extra time for them to find new housing that meets their accessibility needs if they are evicted.