The 71st Colorado legislative session produced an amendment to the domestic violence statute. Governor Hickenlooper signed House Bill 17-1035. The bill became effective On June 1, 2017.
Under current law, if a tenant notifies his or her landlord in writing that s/he is the victim of domestic violence or domestic abuse and provides to the landlord evidence in the form of a police report written within the prior 60 days or a valid protection order, and the tenant seeks to vacate the premises due to fear of imminent danger for self or children, then the tenant may terminate the rental agreement or lease and vacate the premises with minimal remaining obligations. The bill extends this privilege to victims of unlawful sexual behavior and stalking. The bill also provides that a statement from an application assistant designated by the address confidentiality program or, in the case of a victim of unlawful sexual behavior, from a medical professional, confirming the tenant's victim status is a third means of presenting evidence to the landlord.
Disclosure Prohibited for Victims of Sexual Behavior or Stalking
The Bill affords protections to residential tenants who are victims of unlawful sexual behavior, stalking, domestic violence or domestic abuse. The law provides that a landlord shall not disclose the fact that a tenant is the victim of unlawful sexual behavior, stalking, domestic violence or domestic abuse or disclose the tenant's new address except with the tenant's consent.
Warranty of Habitability
Under current law, a dangerous or uninhabitable condition in a rented property does not constitute a breach of the warranty of habitability if the condition is caused by the misconduct of the tenant, a member of the tenant's household, a guest or invitee of the tenant, or a person under the tenant's direction or control. However, such a condition is not misconduct by a victim of domestic violence or domestic abuse if the condition is the result of domestic violence or domestic abuse and the landlord has been given written notice and evidence of domestic violence or domestic abuse. The bill adds language to provide the same protection for tenants who are victims of unlawful sexual behavior or stalking.
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