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After extended debate, House advances bill to codify former HUD guidance on disability-related housing protections
Summary
HB10-45, which sponsors said restores clarity after HUD guidance withdrawal, passed second reading as amended. Floor debate focused on whether the measure merely preserved prior guidance or created new statutory penalties; recorded votes on several amendments were divided.
The House advanced House Bill 10-45, a bill sponsors described as restoring federal housing guidance about disability accommodations that HUD and DOJ previously withdrew. Representative Clifford (bill sponsor) and Representative Zocai framed the bill as preserving longstanding practice so landlords and tenants are not left uncertain following the federal withdrawal. Supporters said the measure does not create new rights but codifies "the way that this has been required to work in practice."
Opponents, including Representative Richardson, Representative Kelty and several others, argued the bill imports selected lines of guidance into state statute and could attach penalties where the guidance had previously been nonbinding. Floor debate highlighted a dispute about whether the rescinded document was merely guidance or had regulatory effect; Representative Richardson argued that HUD's guidance was nonbinding and that codifying parts of it "with penalties" could create new liabilities. Representative Kelty and other members representing landlords warned of unintended consequences for small "mom-and-pop" owners, possible litigation exposure and concerns about property rights.
Multiple floor amendments were offered. Representative Richardson moved amendment L008 to clarify the bill would import only guidance and not create presumptions or shift burdens of proof; sponsors opposed and the amendment failed on a voice vote. Representative Brooks offered several clarifying and strengthening amendments (including one that would replace language "may be" with "are"); some of those amendments were ruled out of title and others were defeated in machine votes. A machine vote on amendment h001 recorded 21 yes, 38 no, and 6 excused (amendment lost). The Committee of the Whole report (adopting the committee report as amended) was later adopted by machine vote, 38 yes, 21 no, and 6 excused. The House reported that HB10-45 (as amended) passed second reading and was placed on the calendar for third reading and final passage.
