Colorado Gov. Bill Ritter hasn't signed it into law yet, but Coloradans could soon have a new Bill of Rights.

A recent press release about House Bill (HB) 1356 included a nickname - the Tenants' Bill of Rights or T.B.O.R. One of the bill's highlights is that it would create a new "warrant of habitability," referring to basic standards for the physical condition of a rental property, which would be required in all rental agreements.

The Colorado Senate voted 21-10, with four members abstaining, in favor of 1356 on Tuesday. The House of Representatives already passed the bill, but it was amended in the Senate so it had to go back to the House for concurrence.

Rep. Michael Merrifield, D-Manitou Springs, is the sponsor on the House side. Sens. Ron Tupa, D-Boulder, and Betty Boyd, D-Lakewood, carried the bill on the Senate side.

On Tuesday, Tupa said Colorado and Arkansas are currently the only two states in the nation that do not have something like T.B.O.R, in state law. He also said he has been in the Legislature for 14 years, and T.B.O.R.-like proposals have been introduced and shot down in roughly 10 of his 14 years.

"This bill actually goes further than any of the other bills I've seen here in the 10 years, but it's still weaker than most of the laws across the country that protect tenants," said Tupa. "But it's also a substantial leap forward for Colorado."

1356 says landlords could be found in breach of the warrant of habitability if a rental property has certain problems and the landlord won't rectify the problems within a reasonable period of time.

A partial list of conditions that a tenant could seek remedy over includes: inadequate waterproofing of roofs and/or exterior walls; plumbing or gas facilities that are not in proper working order; poorly functioning heating systems; electrical or lighting problems; and compromised locks, windows, flooring or staircases.

Tupa said the bill would provide new legal protection for tenants, but also said "90-plus percent" of landlords won't be impacted by 1356 because they keep up on maintenance or respond to problems in a timely manner.

"The truth of the matter is, this bill addresses the most egregious cases of uninhabitable apartments," said Tupa.

The bill also includes a section regarding the tenant's responsibilities for maintaining the rental unit in a "reasonably clean and safe" manner.

A partial list of tenant responsibilities includes: keeping the unit reasonably clean and sanitary; disposing trash and waste in a safe and legally compliant manner; using electrical and plumbing facilities properly; and to conduct themselves in a manner that doesn't disturb "peaceful enjoyment" of the neighbors' dwelling units.

In the bill's form as of Tuesday afternoon, a written notice from the tenant would be required for the landlord to be in breach of the warrant of habitability.

Tenants would be able to file a legal complaint against the landlord, and the clerk of court or attorney for the tenant could file a summons for the landlord to appear in court. The prevailing party in any court case would be able to recover damages - with an exception that parties would not be able to recover "reasonable" attorney fees unless the rental agreement includes a provision that the parties could recover attorney fees.

Tupa said hearings on the bill during the legislative session included stories such as one from a tenant who didn't have heat for weeks - and was told to turn the oven on. The testimony also included opposition from various individuals or associations involved in property management or related industries.

For example, the Colorado Apartment Association (CAA) sent a letter to Merrifield in February expressing concerns about the introduced version of 1356, particularly regarding the lack of a requirement for tenants to give written notice of property problems to landlords.

Posts on the CAA Web site, www.caahq.org, also said CAA and other groups felt the original warrant of habitability section was "unfair and unbalanced," and that the bill could increase costs for landlords. But a late April post said amendments made to the bill, including a requirement for written notice, made the bill "more reasonable."

Tupa said he didn't yet know if Ritter would sign the bill - assuming the House would pass 1356 in its amended form - but also said he hadn't heard any concerns coming from the governor's office.

Tupa also said that roughly half of the adults in his Senate District 18 are renters. He said certain districts in the Denver area have more renters than SD 18, and added that renters in every district will enjoy new legal protection if HB 1356 becomes law.

"The whole point is that for the first time, Colorado will have provisions in law that protect tenants against landlords who allow people to live in uninhabitable dwelling units," said Tupa.

FYI

To read HB 1356 or any other piece of state legislation, visit the Web site www.leg.state.co.us.

Contact Richard Valenty about this story at (303) 443-6272 ext. 126, or at valenty@coloradodaily.com.