(D-Denver) flipped his vote on SB 185 (Shaffer/Merrifield), Warranty of
The bill is now assigned to the House Business Affairs Committee.
Please contact these members of the Business Affairs and Labor Committee and ask
them to vote NO on SB 185.
- This bill would undo several months of negotiation that took place ONLY
18 MONTHS AGO.
- Those negotiations cost the taxpayers of Colorado upwards of $20,000 for
- This bill REMOVES KEY COMPONENTS that were negotiated to achieve a
balanced policy for all parties involved.
- This bill expands the definition of a violation of the Warranty of
Habitability. HB 185 changes the definition of a violation from
"materially dangerous or hazardous to the tenant's life, health or
safety" to "materially affects health or safety." This
greatly expands what could be considered a violation of the warranty and
opens the door for increased frivolous law suits. Can a tenant claim a
breach if they have allergies in their apartment?
- SB 185 places greater strain on the court system through
INJUNCTIVE RELIEF and broadens the definition of a violation of Warranty
of Habitability. By allowing the tenant to obtain injunctive relief
in county courts, including small claims courts, this bill will generate
more traffic in our court systems.
- The tenant already has an arsenal of remedies. They can withhold rent, or
terminate and move. Under any of these scenarios, if the landlord
remains in breach, the landlord is losing rental income.
- THIS EQUATES TO FREE RENT! If an
injunctive relief is given to the tenant that is going through the
eviction process, an injunction will substantially slow the eviction. During
the legal process the tenant remains in their apartment until the
legal process is complete....without paying rent.
Representative Edward Casso (D-32)
Capitol Phone: 303.866.2964
Representative Karen Middleton (D-42)
Capitol Phone: 303.866.3911
Home Phone: 720.427.3239