Summary: This bill caps the number of eviction cases that can be heard in any court on any given day, based on the number of cases filed in the previous year; sets eviction cases filed with a minor as a named party to be dismissed without prejudice regardless of other facts in the case; requires a hearing or trial if a tenant files an answer stating their intention to cure the demand, and if the defendant asserts that they did not file answer for these reasons: a hospitilization, sickness or injury documented by medical professional, a reasonable accommodation made to the court, lack of proper service, a transportation issue, a complication related to electronic filing, than the court shall vacate any judgement or writ, and provide a new window for the defendant to file their answer. Additionally, this bill will strike the current requirement for a tenant to pay an appeals bond if they are in the process of appealing their eviction case results, puts a standard delay on the writ to be 30 days, regardless of income, and adds new weather restrictions for executing a physical eviction.
CHC Position/Concerns: OPPOSED - The Colorado Housing Coalition opposes this bill, as it adds new, unnecessary, guidelines and requirements to the eviction process, and potentially creates seasonal stays on any eviction. We are opposed to any effort to delay evictions, as it is not only bad for a property owner, but does not benefit a tenant who is in default enough to be faced with eviction. Twenty more days will not make the difference in finding a place to go, and instead will only increase the rent balance due to the property owner or manager, furthering the risk of collections. Removing the appeals bond will do nothing except bog down Colorado’s already overburdened court system, as baseless appeals are filed to buy time in the hopes of coming up with enough money to get caught up on rent, or just because the option is there. This adds an additional burden to small owners or landlords who can’t afford to have a property, occupied, where the tenant does not pay rent for 6 months or more. The appeals bond helps to relieve the burden from the property owner, who still has to pay their mortgage, while giving the tenant a chance to have their case reviewed in court. Additionally, the new “inclement weather” requirement for physical evictions sets the sheriff’s departments up for failure: any forecasted daily high over 90 degrees, or high below 32 degrees, or “substantial rain or snow is accumulating or projected”---we have entire weeks in the summer that are above 90, and cold snaps in the winter that don’t get above freezing. This places an unfair burden on the sheriff, who not only had to schedule the day’s evictions the first time, now have to cancel and reschedule, potentially only for the same thing to happen again.
Link to Bill: https://leg.colorado.gov/bills/HB26-1106
Judiciary Committee
- Sponsor Mandy Lindsay HD42 - 303.866.3911
- Sponsor Elizabeth Velasco HD57 - 303.866.2949
- Sponsor Senator Mike Weissman SD28 - 303.866.4879
- Sponsor Senator Dafna Michaelson Jenet SD21 - 303.866.4857
- Committee Chair Javier Mabrey HD1 - 303.866.2966
- Committee Vice Chair Michael Carter HD36 - 303.866.2942
- Jennifer Bacon HD7 - 303.866.2909
- Chad Clifford HD37 - 303.866.5510
- Cecelia Espenoza HD4 - 303.866.2954
- Ava Flanell HD14 - 303.866.2965
- Lorena Garcia HD35 - 303.866.2964
- Rebecca Keltie HD16 - 303.866.2937
- Scott Slaugh HD64 - 303.866.2906
- Matt Soper HD54 - 303.866.2583
- Yara Zokaie HD52 - 303.866.4569
Email List for Committee and Sponsors;
mandy.lindsay.house@coleg.gov,elizabeth.velasco.house@coleg.gov,mike.weissman.senate@coleg.gov,dafna.michaelson.jenet.senate@coleg.gov,javier.mabrey.house@coleg.gov,michael.carter.house@coleg.gov,jennifer.bacon.house@coleg.gov,chad.clifford.house@coleg.gov,cecelia.espenoza.house@coleg.gov,ava.flanell.house@coleg.gov,lorena.garcia.house@coleg.gov,rebecca.keltie.house@coleg.gov,scott.slaugh.house@coleg.gov,matthew.soper.house@coleg.gov,yara.zokaie.house@coleg.gov
