HB25-1168 Summary

HB25-1168: Housing Protections for Victim-Survivors
 

Prime Sponsors: Representative Mandy Lindsay, Representative Cecelia Espenoza, Senator Mike Weissman

Introduced: February 3, 2025

Signed: May 22, 2025

Effective Date: May 22, 2025, except for sections 3, 5, 6, 7, 8, and 11 of the act, which take effect August 6, 2025.

Summary:

The law introduces various and concerning statistics related to gender-based violence in the legislative declaration, which unequivocally correlates this type of violence to the statewide housing instability.  

The bill clarifies the definition of unlawful detention.  Many of the existing components of unlawful detention have been retained, but the changes imposed by HB25-1168 state that it IS NOT an unlawful detention of real property provided a victim-survivor of unlawful sexual behavior, stalking, domestic violence of which the unlawful sexual behavior, stalking, domestic violence, or domestic abuse was the cause of or contributed to the alleged unlawful detention and it has been documented by at least one of the following:

1. A police report;
2. A valid civil, criminal, or emergency protection order or restraining order;
3. A self-attestation affidavit supporting the claim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse;
4. A third-party letter supporting the claim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse;

In short, if the non-payment of rent was caused by or resulted from unlawful sexual behavior, stalking, domestic violence, or domestic abuse against the tenant or lessee, and the landlord has been notified, a person is not guilty of unlawful detention of real property.  

In this case, the landlord shall offer the tenant a repayment plan no later than three business days after serving a demand for unpaid rent or no later than three business days after receiving the notification discussed above.  Then, within seven days after receipt, the tenant shall accept or propose an alternative repayment plan.

At a minimum, a repayment plan must provide that the tenant fully repays all lawfully owed rent and make monthly payments on a monthly basis of at least $25.00 per month.  During the repayment period, the landlord shall not charge a tenant any fees, interest, or penalties associated with a repayment plan.  The repayment period can be for a duration of up to 9 months from the date the plan is established and may not exceed that time period, except by mutual agreement of the tenant and landlord.  

In the event a tenant fails to make a payment or makes three or more untimely payments, the landlord may serve notice on the tenant no sooner than seven days after the payment is untimely or is not made.  In such a case, the tenant shall pay all rent that has been unpaid, or the landlord may file a motion for judgment for possession.  

A lease agreement must not contain a waiver of these protections, and any attempt to waive them is invalid.  

Like other protections, landlords are also prohibited from inquiring about, considering, or requiring disclosure on a rental application regarding an applicant’s status as a victim-survivor.  

The landlord shall not prevent the tenant from changing the locks, impose fees, or take adverse action or retaliatory action against the tenant for changing the locks or taking other reasonable safety precautions.  

The new law is applicable to part 13 of Title 38, Article 12 (sections 13-38-1301 et seq., C.R.S.).  Specifically, it applies to every residential premises in the State of Colorado except for residential premises that are leased to a tenant pursuant to an employer-provided housing agreement which is defined in section 13-40-104, C.R.S.  Sub-section (5)(a) defines “Employer-provided housing agreement” as “a residential tenancy agreement between an employee and an employer when the employer or an affiliate of the employer acts as a landlord.”

While the new law took effect May 22, several sections of the new law have different effective dates.  Sections 3, 5, 6, 7, 8, and 11 are effective August 6, 2025.  Those sections are discussed below:

• Bill Section 3: If demand or notice, which is provided pursuant to either section 13-40-104, C.R.S. or section 38-12-1303, C.R.S., the demand or notice must include (1) a statement that if the tenant has experienced unlawful sexual behavior, stalking, domestic violence, or domestic abuse that has caused the tenant to miss a rent payment, that the tenant may provide documentation thereof, and (2) a statement that the tenant is entitled to a repayment plan with a duration of up to nine months.
• Bill Section 5: Should a tenant provide notice that the tenant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, personal service may be perfected by actual personal service on the individual that provides the written notice, or if after three attempts to personally serve, by posting a copy in a conspicuous place on the premises.  
• Bill Section 6: Should the landlord commence a legal action and the tenant consents to the landlord to sharing the information, the landlord shall disclose the information to the court.
• Bill Section 7: Victim-survivors may file a motion or petition to suppress a court record, including a record that predates the effective date of August 6, 2025.  
• Bill Section 8: A summons issued in a related civil action must contain, among other things, a statement in bold-faced type to inform the defendant that if the defendant has experienced unlawful sexual behavior, stalking, domestic violence, or domestic abuse that was the cause of contributed to, or resulted in an alleged lease violation that is the subject of the action for possession, a defense may exist and the tenant may be entitled to a repayment plan.  The summons must also contain information about how to enroll in the address confidentiality program.
• Bill Section 11: When a landlord has provided a tenant with proper notice of nonpayment, the landlord shall accept payments of the tenant’s full payment of all amounts lawfully due, or that remains due pursuant to a repayment plan, as long as the payment is made before a judge issues a judgment for possession.  Tenant may pay this amount either to the landlord or to the court.