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FF942A1F21F9303A872583BD006CCC04 Hearing Summary




PUBLIC
BILL SUMMARY For HB19-1170

SENATE COMMITTEE ON LOCAL GOVERNMENT
Date Mar 14, 2019      
Location SCR 354



HB19-1170 - Amended, referred to the Committee of the Whole

01:48:22 PM  

Senator Williams and Senator Bridges, bill sponsors, presented House Bill 19-1170.  Current law presumes that every rental agreement between a landlord and a tenant carries an implicit guarantee that a residential property is fit for human habitation. This is referred to as a warranty of habitability.  This bill:

  • modifies the conditions for a breach of the warranty of habitability, the method for notifying a landlord of problems with the premises, and time limits for the landlord to address defective conditions;
  • adds specific conditions of a property to the description of an uninhabitable residence to include the presence of mold or the absence of functioning appliances;
  • • repeals current law exceptions to leasing a residential property with one or more uninhabitable conditions and instead requires that all premises be free of any of these specified conditions prior to leasing;
  • if requested by the tenant, requires that a landlord move the tenant to a reasonably comparable unit, pay for incidental moving costs, or pay for the tenant to reside in a temporary location when a property is hazardous or uninhabitable and conditions are being remedied;
  • under specific circumstances, allows a tenant to deduct from subsequent rent payments the cost to repair defective conditions;
  • allows a tenant to terminate a rental agreement for recurring defective conditions;
  • permits a county court, including a small claims court, to provide injunctive relief for a breach of the warranty of habitability;
  • repeals the current law requirement that a tenant notify a local government prior to seeking a court injunction; and
  • modifies the current law prohibition on landlord retaliation when a tenant alleges a breach, to specify damages and remove presumptions.
02:00:04 PM  
Danette Barett, Aviva Properties, testified
against the bill.
02:03:04 PM  

Jim Clark, Investment Community of the Rockies, testified against the bill.

02:05:02 PM  
Michael Sanchez, Metro Property Group, testified in against the bill.
02:07:12 PM  
Karen Kirkpatrick, Metro Property Group, testified against the bill.
02:10:35 PM  
The witness panel responded to questions.
02:20:26 PM  
Melissa Wright, 9 to 5 Colorado, testified in support of the bill.
02:24:20 PM  
Andrea Fuller, representing herself, testified in support of the bill.
02:27:57 PM  
The witness panel responded to questions.
02:39:51 PM  
Committee questions continued.
02:42:13 PM  

Tim Emery, Investment Community of the Rockies, testified against the bill.

02:46:34 PM  

Mark Tchetter, Apartment Association of Metro Denver, testified against the bill.

02:48:01 PM  

Robert Woellner, Quest Environmental, testified against the bill.

02:50:30 PM  
Joe Schneckenburger, representing himself,
testified in opposition to the bill.
02:54:30 PM  
The witness panel responded to questions from the committee.
02:57:45 PM  
Committee questions continued.
03:00:29 PM  

Tawny Payton, Rocky Mountain Home Association, testified in a neutral position.

03:16:43 PM  

Joey Lubinski, Colorado Bar Association, testified in a neutral position.

03:17:58 PM  
Maggie Gomez, Colorado Health Equity Commission, testified in support of the bill.
03:21:22 PM  

Ean Lafoya, Colorado Latino Forum, testified in support of the bill.

03:23:53 PM  

Cesiah Guadarrama, representing herself, testified in support of the bill.

03:26:58 PM  

Shirley Smith, Colorado Cross-Disability Coalition (CCDC), testified in support of the bill.

03:31:19 PM  
The witness panel responded to questions.
03:34:04 PM  
Ashley Wheeland, Women's Lobby of Colorado, testified in support of the bill.
03:37:05 PM  

Andrea Chiriboga-Flor, 9 to 5 Colorado, testified in support of the bill and distributed a handout (Attachment C).

03:40:43 PM  
Safia Goldsmith, representing herself, testified in support of the bill.
03:43:32 PM  
Tiana Patterson, Enterprise Community Partners, testified in support of the bill.
03:47:48 PM  
The witness panel responded to questions.
03:59:56 PM  

Committee discussion followed.

04:08:29 PM  

Aubrey Hill, Center for Health Progress, testified in support of the bill.

04:11:08 PM  

Jack Regenbogen, Colorado Center on Law and Policy, testified in support of the bill.

04:14:18 PM  

Aubrey Hasvold, All Families Deserve a Chance, testified in support of the bill.

04:16:05 PM  
Katie McKenna, Enterprise Community Partners, testified in support of the bill.
04:19:19 PM  
The witness panel responded to questions.
04:21:27 PM  

Angela Nevin, CCDC, read Tempest Hampton's testimony in support of the bill.

04:28:38 PM  

Senator Williams discussed amendment L.018 (Attachement D).  Committee discussion followed.  Senator Ginal announced that amendment L.018 will be severed into two parts: part A is lines 1 through 11, and part B is lines 12 through 22.



04:36:04 PM
Motion Adopt Part A, line 1 through line 11, of amendment L.018 (Attachment D).
Moved Williams A.
Seconded
Bridges
Coram
Crowder
Williams A.
Ginal
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:36:05 PM  

Senator Williams discussed amendment L.019 (Attachement E).  Committee discussion followed.  Senator Ginal announced that amendment L.019 will be severed into two parts: part A  is lines 1 through 12 and part B is lines 12 through 29.



04:40:54 PM
Motion Adopt Part B, line 12 through line 29, of amendment L.019 (Attachment E).
Moved Williams A.
Seconded
Bridges
Coram
Crowder
Williams A.
Ginal
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:41:29 PM  

Senator William discussed L.020 (Attachment F).



04:41:46 PM
Motion Adopt amendment L.020 (Attachment F).
Moved Williams A.
Seconded
Bridges
Coram
Crowder
Williams A.
Ginal
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:42:04 PM  

Senator Williams discussed amendment L.021 (Attachment G).



04:44:15 PM
Motion Adopt amendment L.021 (Attachment G).
Moved Williams A.
Seconded
Bridges
Coram
Crowder
Williams A.
Ginal
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:44:16 PM  
Senator Bridges made closing comments.


04:50:08 PM
Motion Refer House Bill 19-1170, as amended, to the Committee of the Whole.
Moved Williams A.
Seconded
Bridges Yes
Coram Yes
Crowder No
Williams A. Yes
Ginal Yes
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS






The House and Senate are temporarily adjourned.  The building is closed to the public.

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