3-2-1 Capitol Connection – March 14, 2025
3 Things to Know
Protecting REALTORS® From Civil Lawsuits. CAR General Counsel Scott Peterson testified in strong opposition to “Deceptive Trade Practice Significant Impact Standard” (Senate Bill 157) because it is attempting to lower the “public impact standard” within the Colorado Consumer Protection Act (CCPA) to a single person’s claim that an act or practice could injure the larger public. This change would convert simple acts of negligence and omission into unfair and deceptive practices, exposing you to civil penalties of $20,000 for each violation, treble (three times) damages, and attorney costs that are not covered by your E&O insurance plan. Basically, this bill makes it more lucrative for attorneys to pursue CCPA claims based on a single person’s experience related to “professional services” that includes real estate and REALTORS®. The bill passed the Senate Committee on Business, Labor, and Technology and is awaiting a 2nd reading and vote on the Senate floor. CAR is working around the clock to defeat the bill.
Narrowing the Expansion of the Lodging Tax. As introduced, the “County Lodging Tax Expansion” (House Bill 1247) would more than double the allowable uses of the lodging tax if approved by local voters. CAR staff testified to amend, or change, HB 1247 by reducing the number of new uses of this tax and protecting the original intent of the tax to attract and encourage visitors to support local businesses and communities. We were successful in our efforts by securing an amendment to reduce the uses of the lodging tax while still allowing use for infrastructure and first responders. HB 1247 passed the House and is now headed to the Senate for introduction then a committee hearing.
Advocating for Housing Development. The City of Lakewood passed a citizen-led petition in 2024 that was signed into the city’s municipal code stifling new development by requiring parkland dedications of 10.5 acres for every 1,000 people and removing the ability to pay a fee-in-lieu. The Denver Metro Association of REALTORS® worked with CAR to activate Issues Mobilization funds to fund a coalition’s legal challenge to the ordinance. A Jefferson County District Court judge issued an injunction against the ordinance in January, pausing enforcement until further notice. The Council has since revised its ordinance in February by exempting single family homes and affordable housing from the parkland dedication requirements and reaffirming the option for developers to pay a fee-in-lieu. The three-way agreement between Realtor® associations makes it possible to advocate for sound public policy that gives you peace of mind when conducting your real estate business.
2 Things to Share
Forecasting Water Supply. “Water Supply Measurement & Forecasting Program” (House Bill 1115) directs the Colorado Water Conservation Board to measure and forecast snowpack levels across the state. Currently, efforts to measure water supply are managed at the local level and this bill will streamline forecasting programs using the latest technological advances in the field. CAR supports HB 1115 because it ensures stewardship of a critical resource property owners depend on and is necessary for new development. Water shortage issues have stifled development in Colorado leaving shovel-ready projects in the ground and without certainty. This bill is a good start to ensuring Colorado has a rational approach to growth.
Balancing Financial Obligations While Protecting Victims.A new bill currently under review, “Housing Protections for Victim-Survivors” (HB 1168), has ignited considerable discussion among small landlords and property managers across the state. While this important and well intentioned legislation seeks to provide protections for tenants who are victims of domestic violence, stalking, and unlawful sexual behavior, it also raises concerns about the unintended challenges it creates for property owners with a rental unit or two.
At the core of the bill is a provision that shields tenants who have experienced abuse from paying rent for an indeterminate period of time – provided they present documentation such as a self-attestation or letter from any individual willing to vouch for their experience. The bill requires landlords to offer payment plans of up to 12 months for unpaid rent within 48 hours of receiving such documentation. The agreed upon payment plan(s) must also be created at the discretion of the tenant. While these provisions are designed to protect vulnerable tenants, they introduce significant challenges for landlords who may struggle to recoup damages, manage unpaid or inconsistently paid rent due to any number of payment plans, or even maintain access to their property.
If landlords with a rental unit or two cannot receive rent in a timely manner and cannot evict for nonpayment of rent, then there is a real risk of financial default for a landlord to lose their rental property – which ultimately affects those tenants too. That’s why we’re actively working to amend this bill to ensure greater clarity and assurances in the payment plan, stronger safeguards against misuse of this proposed system, and balanced protections for everyone involved. If you are a landlord with a rental unit, feel free to contact your legislator to share how it could impact your ability to provide rental housing.
1 Thing to Do
Last Chance to Register for Colorado Connections! Don’t miss out on the opportunity to be part of the NEW Colorado Connections event – register today! This two-day powerhouse is packed with up to 12 hours of continuing education, dynamic speakers, and invaluable networking opportunities designed to help grow your business.
Featuring thought-provoking discussions on industry challenges, growth strategies, and interactive forums, Colorado Connections promises to be an exciting experience that you won’t want to miss. This event is the evolution of our former Spring Summit, and it’s set to deliver even more of what you need to thrive in today’s real estate market.
Your Full Conference registration includes CE Courses, Boxed Lunch and coffee/snacks throughout, Expo Hall, and sessions like:
- 10 Things with Scott Peterson
- Opening Keynote Speaker
- Strategic Think Tank Forum
- RPAC Reception with a comedian (!) and more
Secure your spot before it’s too late – register now!
NAR
National Association of Realtors® Names Matthew Cenedella as Chief Financial Officer
Most recently, Cenedella served as chief operating officer and treasurer for the Women’s Tennis Association (WTA), the principal organizing body of women’s professional tennis in the world. At WTA, Cenedella played a pivotal role in strategic planning, financial development and member relations.
NAR Commends Vice President Vance on Zoning Reform Remarks
Vice President JD Vance emphasized the importance of zoning reform during his speech at the National League of Cities conference in Washington, D.C., yesterday.
From President’s Circle in Orlando
Live from the stage in Orlando, Shannon and Patrick explore the “Magic Kingdom” of advocacy, including the latest on tax reform, the new appointments at HUD, FHFA, Labor, and the CFPB—and what the advocacy team is doing to build relationships with the new members of Congress and the Administration in this new, fast-paced policy making world.