Panel backs mediation option for eviction cases involving minor children after sponsors agree to strike title
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Summary
Lawmakers advanced HB 33-86 to require mediation when eviction proceedings involve minor children; sponsors said the measure creates a defense to prompt mediation but agreed to remove or revise an affirmative-defense phrasing and to strike title for further work.
A House committee advanced House Bill 33-86 on a vote after extended debate about how the bill would work in eviction proceedings that involve minor children.
Sponsor Representative Clinton said the measure creates a quick, narrow mediation pathway when a household can show there are minor children in the home; if no mediator is available the judge may issue a ruling the same day. "These mediation programs are free and available in nearly every county," the sponsor said.
Members worried the draft could be read as creating an affirmative defense that would let tenants proactively avoid eviction; sponsors clarified the provision is a defense used in active eviction proceedings and agreed to work with colleagues on language. One member pressed the sponsor to "strike title" and remove the affirmative-defense phrasing if necessary; the sponsor agreed to strike title and work with the committee to refine the language to keep children housed while not unduly disadvantaging landlords.
Lawmakers also raised Fair Housing Act questions about landlords asking whether children live in a household; the sponsor said the federal act governs landlord-tenant interactions and does not apply to this civil-process mediation between parties in court.
The committee reported the bill do pass after the sponsor said they would accept changes to narrow the defense and ensure courts can promptly rule when mediation is not available.
Next steps: Sponsor indicated willingness to work on drafting before the bill reaches the floor.