January 25, 2019
CAR’s Legislative Policy Committee (LPC) had its first meeting of the 2019 legislative session on January 18. At that time, the LPC considered over 30 bills. Here is a summary of three significant bills on which the LPC took positions.
HB-1106 “Rental Application Fees” CAR Position – Oppose
The bill states that a landlord may not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord’s costs in processing the rental application. The bill requires a landlord to provide to any prospective tenant who has paid a rental application fee either a disclosure of the landlord’s anticipated expenses for which the fee will be used or a receipt that itemizes the landlord’s actual expenses incurred.
HB-1098 “Deeds to Convey Real Property” CAR Position – Support
This bill states that a licensed title insurance entity may prepare deeds for the conveyance of real property in accordance with statutory forms. CAR Attorney Scott Peterson says this bill is a “win” for REALTORS® because it removes REALTOR® liability regarding deed errors.
HB-1118 “Time Period to Cure Lease Violation” CAR Position – Oppose
Current law requires a landlord to provide a tenant 3 days to cure a violation for unpaid rent or any other condition or covenant of a lease agreement, other than a substantial violation before the landlord can initiate eviction proceedings based on that unpaid rent or other violation. Current law also requires 3 days’ notice prior to a tenancy being terminated for a subsequent violation of a condition or covenant of a lease agreement. The bill requires a landlord to provide a tenant 14 days to cure a violation for unpaid rent or for a first violation of any other condition or covenant of a lease agreement, other than a substantial violation, before the landlord can initiate eviction proceedings. The bill requires 14 days’ notice prior to the landlord terminating a lease agreement for a subsequent violation of the same condition or covenant of the agreement. Note: Rochelle Galindo (Greeley) is one of the House of Representatives sponsors and Steven Fenberg (Boulder) is one of the Senate sponsors.