Tuesday, May 4, 2010

INJUNCTIVE RELIEF = FREE RENT

After weeks of committing to a NO vote, Senator Chris Romer
(D-Denver) flipped his vote on SB 185 (Shaffer/Merrifield), Warranty of
Habitability.


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
    mediation.

  • 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


Email: edward.casso.house@state.co.us


Representative Karen Middleton (D-42)


Capitol Phone: 303.866.3911


Home Phone: 720.427.3239


Email: repmiddleton@gmail.com