Colorado law expands eviction protections for victims of gender-based violence

Debbie Mayer, a housing attorney with the Colorado Poverty Law Project, outlined sweeping changes that take effect this year to protect tenants who are victims or survivors of gender-based violence. The measure broadens the types of behavior that trigger protections to include unlawful sexual behavior, stalking, domestic violence and domestic abuse, and aligns eviction defenses with other housing statutes.

Mayer said the law standardizes acceptable evidence to show eligibility for protections: a police report (when timely), an emergency order, a letter from a qualified third party (for example, a clergy member, licensed medical professional, social worker or domestic violence counselor), or a self-attestation affidavit. "The affidavit only needs to say that the violation you're alleging is due to domestic violence and they don't have to tell you the story of it," Mayer said.

The law also lowers the standard for a tenant to break a lease without penalty from requiring imminent harm to a showing of a "fear of danger," while requiring notice to the landlord. To reduce displacement risk, landlords who are notified that a tenant is experiencing gender-based violence must offer a payment plan within three days; the plan must be paid in full within nine months and require at least $25 per month, though the tenant may propose the schedule. If a tenant uses a payment plan, pending eviction proceedings pause; repeated defaults on the plan after notice may allow the landlord to seek possession through the courts.

Procedural protections are heightened: service of process in related eviction actions requires additional efforts to ensure the tenant receives notice (personal service attempts on different days, then posting and certified mail as permitted), and courts have expanded flexibility to provide safety accommodations and additional time to move (30 days instead of the typical 10) when the tenant raises a gender-based-violence defense.

Mayer also warned landlords of new damages exposure for violating confidentiality and other statutory duties, noting statutory damages were discussed in the presentation as "$5,000 or three times the amount of rent." She said courts and agencies will still need to clarify many implementation details, and presenters offered to follow up on questions raised during the session.

The presenters said these changes became effective upon the governor's signature for many provisions and that some items (forms, summons language, and judicial procedures) have implementation dates later in the year to allow the judicial department time to adopt forms and instructions. The webinar hosts encouraged attendees with case-specific questions to consult counsel or to submit follow-ups for written answers.