Capitol Connection – February 21, 2023
Legislative Advocacy this Week at the State Capitol
CAR Government Affairs is moving ahead with more than a handful of bills with significant impacts to real estate. Housing policy is taking the State Capitol by storm and we need your help to ensure the voice of real estate is loud and clear.
CAR initiated a Call for Action to all members on House Bill 1115 and HB 1171. Read below for more details and take action today to protect the future of housing for all.
Contact Your Legislator to Save Affordable Housing and Oppose HB23-1115
HB23-1115 – Repeal Prohibition of Local Residential Rent Control – Sponsored by Reps. Javier Mabrey (HD-01) and Elizabeth Velasco (HD-57), and Senator Robert Rodriguez
In state statute, local governments are prohibited from enacting rent control ordinances. House Bill 1115 proposes to repeal that ban and allow local governments to pass any form of rent control in their jurisdiction. CAR strongly opposes legislation that affects the availability of housing for future tenants and encroaches on the property rights of housing providers. CAR testified in opposition to the bill on Feb. 15th in the House Transportation, Housing & Local Government Committee but it passed on a vote of 8-5. Second readingtakes place on the House floor on Wednesday, Feb. 22nd at 9:00am (*Note: The House may postpone floor action.)
Take Action on HB23-1115 Here
HB23-1171 Just Cause Requirement Eviction of Residential Tenant (Amend)
HB23-1171 will impact the ability of all rental property owners to end rental leases and force the renewal of those leases or require compensation to the tenant. While the title of the bill appears to only address evictions, the bill affects much more. If the bill were to pass, a rental property owner would only be able to end a rental contract or pursue an eviction (if necessary) for the following reasons:
- failure of rent payment after a notice from the housing provider,
- tenant committing a substantial violation and doesn’t remedy it in 10 days;
- the tenant refusing to allow the housing provider to enter the residential premises,
- the tenant refusing to sign a new rental agreement that is identical to the tenant’s current agreement.
CAR strongly encourages you to ask for changes to HB 1171 to allow non-renewals or contracts with a natural end to be included as a just reason to end a rental lease.
Other reasons for ending a rental contract would be classified as “no-fault evictions”, even if they are not evictions at all. It would no longer be allowed to simply not renew a contract and new requirements would be put in place, including in some circumstances requiring rental property owners to provide tenants who are moving with two months of rental assistance or more, costing rental housing providers thousands of dollars.
Bill Updates
SB23-166 – Establishment of a Wildfire Resiliency Code Board – Sponsored by Senators Lisa Cutter and Tony Exum, Reps. Meg Froelich and Elizabeth VelascoThe bill creates a 21-member Wildfire Resiliency Code Board in the Department of Public Safety. The board consists of building code professionals, fire departments, builders, planners, hazard mitigation experts, local governments and other stakeholders. The board will determine the Wildland-Urban Interface (WUI) boundary, mandating properties within the WUI to comply with the resiliency code and standards. The board must adopt a code no later than July 1, 2025.
The wildfire code board was originally introduced last legislative session as an amendment to a bill, but was eventually removed. It is now back as a bill and holds significant potential to increase the cost of new construction and substantial retrofits in WUI areas. The western slope will be most affected by these changes because hardening of structures requires high-cost materials for wildfire resistance. CAR’s Legislative Policy Committee will soon take a position on the bill.
SB23-148 – Illegal Drug Laboratory Property and Certification – Sponsored by Lisa Cutter
The bill requires the Colorado Department of Public Health and Environment to inspect the work of certified workers dedicated to assessing, decontaminating, or sampling properties that contained illegal drug laboratories at least once every three years.
CAR is working to amend the bill to ensure properly cleaned and certified properties are not stigmatized on a public database for five years.
HB23-1190 – Affordable Housing Right of First Refusal – Sponsored by Rep. Andrew Boesenecker and Senators Emily Sirota and Faith Winter
The bill creates a first right of refusal for local governments to purchase residential or mixed-use multifamily property as long as the local government is committed to utilizing its acquisition for long-term affordable housing. A political subdivision has 14 business days to secure its right of first refusal, an additional 90 days to make an offer, and must agree to close on a property within 180 business days of the execution of an agreement for the sale of the property.
CAR is working to amend the bill to clarify what qualifies a property, increase the unit threshold for properties that must provide notice to local governments when selling, and more.
In Case You Missed It
REALTORS® Relief Foundation Launches 2023 Annual Fundraising Campaign
The REALTORS® Relief Foundation is proud to announce its 2023 fundraising campaign. The annual initiative aims to raise $5 million this year to provide housing relief to victims of hurricanes, floods, wildfires and other disasters.
NAR Calls for Applications to Its 2023 Volunteering Works Grant and Mentoring
The National Association of Realtors® is now accepting applications for its Volunteering Works grant and mentoring program. The program, funded by Wells Fargo Home Lending, matches mentors with Realtors® who have demonstrated a commitment to public service and are looking to enhance their charitable efforts.
RPAC Announcements
“We Like to Paddy”
Join us on March 15th at 4pm for a virtual cocktail class hosted by Nick Bokone and CAR’s Government Affairs team. Nick will be mixing up a couple St. Patrick’s Day cocktails, while we meet the new members of our Government Affair’s team, Lauren Cecil, Director of External Coalitions and Brian Tanner, Vice President of Public Policy. Click the link below to purchase your ticket! Cost to attend is $99 – once registered, you will receive a zoom link and grocery list for the drinks.