HB 25-1168

Abstract

As it relates to unlawful detention of real property, the act expands current exceptions and protections for tenants who are victims of domestic violence and domestic abuse to include victims of unlawful sexual behavior and stalking (victim-survivor). If domestic violence or domestic abuse was the cause of an alleged unlawful detention of real property, current law requires the tenant to document the domestic violence or domestic abuse through a police report or a valid civil or emergency protection order (required documentation). The act expands the required documentation to include a valid criminal protection order, a self-attestation affidavit or a letter signed by a qualified third party from whom the tenant sought assistance. If a tenant has been alleged to have committed unlawful detention of real property due to nonpayment or late payment of rent and the tenant has provided the landlord with the required documentation, the act requires the landlord to offer the tenant a repayment plan no later than 3 business days after serving a demand for unpaid rent or no later than 3 business days after receiving the required documentation. Within 7 days after receipt of the repayment plan, the act requires the tenant to accept the landlord's repayment plan or propose an alternative. If a landlord has written or actual notice that a tenant is a victim-survivor, the act requires the landlord to make all reasonable efforts to perfect service through personal service to the tenant. The act requires the court to suppress, or continue suppressing, any related court records upon receiving the victim-survivor's motion or petition to suppress the record, the required documentation, and an assertion that public access to the records poses a risk to the defendant's safety or the safety of a family member of the defendant's household. The act makes changes to certain court procedures as the procedures relate to victim-survivors. If a tenant who is a victim-survivor terminates a lease and provides the required documentation, the tenant is not liable for damage to the dwelling unit caused by the responsible party or during the course of an incident of unlawful sexual behavior, stalking, domestic violence, or domestic abuse. The act requires the tenant to pay no more than one month's rent after vacating the premises only if the landlord has incurred economic damages as a direct result of the early termination and the landlord has provided documentation of the economic damages to the tenant within 30 days after termination of the rental or lease agreement. The act prohibits a landlord from assigning a debt allegedly owed by a tenant who is a victim-survivor to a third-party debt collector unless the landlord provides the tenant with documentation of the economic damages incurred by the landlord and provides at least 90 days' written notice to the tenant. If a tenant provides notice to the landlord that the tenant is a victim-survivor and provides the required documentation, the act prohibits the landlord from preventing the tenant from changing the locks and prohibits the landlord from imposing fees on, taking any adverse action against, or otherwise retaliating against the tenant for changing the locks or taking other reasonable safety precautions. The act authorizes a tenant to bring a civil action against a landlord for violating provisions related to housing protections for victim-survivors. (Note: This summary applies to this bill as enacted.)