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HB 25-1168

Housing Protections for Victim-Survivors

2025 Regular Session Introduced by Jennifer Bacon and 45 co-sponsors

Expands housing protections for victim-survivors of gender-based violence, adding broader unlawful-detention defense, safer documentation, repayment plans, and safe lock changes.

Governor Signed
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Bill Summary · HB 25-1168

HB 25‑1168 — Housing Protections for Victim‑Survivors (Governor signed)

Overview
- Purpose: Expand housing and procedural protections for people who are victim‑survivors of gender‑based violence (including unlawful sexual behavior, stalking, domestic violence, and domestic abuse) to reduce housing instability and preserve safety and due process.
- Status: Governor signed (May 22, 2025). Introduced Feb 3, 2025.

Key provisions (substantive changes)
- Expanded unlawful‑detention defense
- Extends the existing statutory exception for unlawful detention of real property (a common-law/ statutory eviction defense) beyond victims of domestic violence to also cover victims of unlawful sexual behavior, stalking, and “domestic abuse.”
- The defense applies where the violence or abuse caused, contributed to, or resulted in the alleged lease violation.

  • Broader acceptable documentation

    • Adds two alternative forms of documentation a tenant may provide: (1) a self‑attestation affidavit describing the incident (must include perpetrator name if known and safe to provide), and (2) a letter signed by a “qualified third party” (e.g., victim‑service provider staff, attorney, social worker, medical or mental‑health provider, faith leader).

  • Repayment plans and notice/ service rules

    • If a tenant alleged to have unlawful detention for nonpayment provides qualifying documentation, the landlord must offer a repayment plan (timing modified in committee to “no later than three business days” after a rent demand or receipt of documentation). Repayment plans cannot include fees or penalties; tenants may move out while repaying without additional penalties unless they breach the plan.
    • Landlords must attempt personal service of notices to vacate for tenants with written or actual notice of victim‑survivor status; if personal service cannot be perfected after three attempts, alternative options (posting plus certified mail or commercial courier with proof) are permitted.

  • Tenant safety and termination rights

    • A tenant who terminates a lease because of an incident and provides required documentation is not liable for damage to the unit caused by the perpetrator or during the incident.
    • The tenant may be required to pay up to one month’s rent following vacation only if the landlord documents economic damages and provides those documents within 30 days.

  • Debt assignment & lock changes

    • Landlords may not assign alleged tenant debts to third‑party collectors unless they give at least 90 days’ written notice and provide required documentation of damages; violations can implicate the Colorado Fair Debt Collection Practices Act.
    • Tenants who notify landlords of victim‑survivor status may change locks and take reasonable safety measures; landlords cannot charge fees, retaliate, or prevent lock changes. Tenants have a civil cause of action for violations.

  • Court procedures and record suppression

    • Court records in unlawful‑detention cases asserted as a defense by a victim‑survivor remain suppressed in specified circumstances.
    • Courts may grant additional time to respond, extend trial dates, or otherwise accommodate victim‑survivors unable to receive/ review summonses or appear.
    • Victim‑survivors can file motions/petitions to suppress prior records in certain situations.

Who is affected
- Primary beneficiaries: tenants who are victim‑survivors of unlawful sexual behavior, stalking, domestic violence, or domestic abuse.
- Landlords and property managers: new duties to offer repayment plans, limit debt assignment, adjust notice/ service practices, and allow lock changes; exposure to civil liability for noncompliance.
- Courts: procedural changes (suppression, additional time, record handling).

Fiscal and implementation notes
- Initial fiscal estimate (Feb 24, 2025) projected a one‑time Judicial Department IT cost of ~$357,760 (FY 2025‑26) to flag cases and update systems; required appropriation then.
- Amendment L.001 and subsequent reengrossed analysis eliminated the contracted IT expense; Legislative Council determined administrative changes can be handled within existing Judicial resources and no appropriation is required.
- Net fiscal impact: minimal ongoing impacts to state and local courts (potential small changes in filing fees and workload); TABOR‑subject filing fees may shift slightly.

Effective dates and legislative history
- Enacted: Governor signed May 22, 2025.
- Effective: Generally upon signature; per the reengrossed fiscal note, Sections 3, 5, 6, 7, 8, and 11 take effect August 6, 2025.
- Legislative path: Introduced in House Feb 3, 2025 → passed both chambers with amendments in March–April 2025 → sent to Governor May 2, 2025 → signed May 22, 2025.

For reference: statutory changes are made primarily to Colorado Revised Statutes section 13‑40‑104 (unlawful detention of real property) and related procedural provisions.

Compiled from official sources — confirm details with the bill’s official record.

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