3-2-1 Capitol Connection – February 12, 2026
3 Things to Know
HUGE WIN! The Colorado Association of REALTORS® (CAR) led efforts to defeat “Vacancy Taxes” (House Bill 1036) on a bipartisan 7-4 vote, with more than a dozen REALTORS® testifying against it, along with CEO Tyrone Adams. This bill would have allowed local governments to punish the lawful use of residential property simply because it was unoccupied for a period of time. Every local government could define “vacant” in its own way, with no exemptions for legitimate reasons – family situations, repairs or renovations, tenant transitions, or market conditions. HB 1036 would have increased housing costs while deterring new housing. Developers converting vacant commercial properties to housing, constructing new residential units, or investing in workforce housing could have faced vacancy taxes if units were “vacant”, slowing housing production.
Observe Capitol Happenings. You can access the Capitol when you need it and from anywhere in the state. The Colorado House of Representatives and the Senate can be watched during floor action that typically starts at 9am by clicking this link. You can also click here to listen in on committee meetings. You may even hear the Colorado Association of REALTORS® and members advocating for you, your business, and your clients. Every day, the legislative schedule is updated so you can follow bills affecting real estate and/or property rights.
Supporting First Responders. State lawmakers are aware of the housing pressures on key workers such as law enforcement and other first responders. “Colorado Housing and Finance Authority Mortgage POST Officers First Responders” (Senate Bill 53) broadens access to CHFA mortgage programs by making first responders eligible without regard to income. CAR supports the legislature’s efforts to ensure communities remain safe and viable for their residents. The bill is scheduled for its first reading on Thursday, February 12th, in the Senate Local Government and Housing Committee.
2 Things to Share
Post-Closing Occupancy Agreement (PCOA) Fix. CAR worked with legislative leaders to introduce “Security Deposits & Post-Closing Occupancy Agreements” (Senate Bill 54) to address a technical issue in the residential market that some have encountered with PCOAs. Current law caps security deposits at two months’ rent, but when a seller remains in the home briefly after closing, and no rent is charged, that formula results in a legal maximum deposit of $0. This bill, which CAR is proud to help draft and support, creates a narrow exemption so that the security deposit intended for rentals does not apply to these short-term post-sale occupancy situations, allowing buyers and sellers to use reasonable deposits and to establish these agreements with greater ease. The bill will be heard for its first vote in the Senate Local Government & Housing committee on Thursday, February 12 at 1:30PM. If this is an issue that you have experienced, please share your experience in less than 3 minutes by testifying in support of SB26-054. Feel free to reach out to Carla Blanc at cblanc@coloradorealtors.com if you have questions about how to testify.
Less Tenant Transparency. CAR opposes “Protections for Residential Tenants” (House Bill 1047) as it would create serious issues with tenant transparency. The bill focuses on two key changes: adding new front-loaded paperwork requirements to eviction cases while also permanently suppressing eviction court records that are not tied to a substantial lease violation. These violations, as defined in Colorado, are those related to dangerous conduct that occurs on or near the premises and endangers a person or property, violent or drug‑related felonies, and certain criminal acts that carry 180 days’ incarceration or more. This means that previous violations, such as nonpayment of rent, would not be information available to housing providers. Further, the proposal explicitly allows applicants to decline to disclose sealed cases. The combination of such proposals limits transparency while increasing risk for property owners – and in particular, small landlords.
1 Thing to Do
Show off your RPAC pride and commitment to political advocacy! Major Investors will be entered into a drawing to win RPAC merchandise that showcases your commitment to homeownership and private property rights. The 2026 election will determine over 80 seats at the state capitol in Denver. RPAC is how REALTORS® connect to legislative issues, candidates, and more.
NAR
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