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Serena, whose name and image have been changed for privacy, is a tenant living in Denver. Her disability and other medical issues required her to spend extended periods of time in a nursing care facility, and her apartment stopped accepting her rent checks believing she had abandoned the unit. After receiving a Demand for Rent, Serena reached out to CPLP for support. One of our housing attorneys contacted the landlord’s attorney to explain the situation and advocate for Serena’s continued residence at the apartment. The landlord agreed to not pursue an eviction case and work with Serena as she navigated health issues, and fortunately, she is now healthy enough to reside in her apartment full-time. Like you, we believe no one should face housing insecurity this holiday season, and we depend on your support to help fight housing injustice for tenants like Serena. Every donation made Nov. 1 – Colorado Gives Day (Dec. 5th) is boosted by one of the largest community Incentive Funds in the country, meaning every dollar you give to CPLP through coloradogives.org will go even further to help prevent homelessness through legal representation, education, and advocacy for thousands of Coloradans. For tenants facing housing insecurity this holiday season, your support makes all the difference.

Colorado law enables a survivor of domestic violence, sexual assault, stalking, or other unlawful sexual behavior to break their lease without incurring early termination penalties. The survivor needs to provide written notice that they intend to break their lease because of this abuse, and provide certain corroborating evidence to the landlord in order to break a lease under this law. This evidence could be a police report from the last sixty days, a valid protection order, or a letter from a service provider attesting to the abuse. Different protections, like the Violence Against Women Act, might apply for voucher-holders. CPLP and our Young Adult Tenant Advocates are hosting a virtual know-your-rights session for tenants on Wednesday, October 25 from 6-7 pm focusing on the housing rights of survivors of domestic violence, sexual assault, stalking, and other unlawful sexual behavior. RSVP at copovertylawproject.org/events. Do you need assistance? Reach out to CPLP for support breaking your lease!

Tenants sue eviction law firm, Tschetter Sulzer, and its landlord clients over improper collection of attorney fees (Denver, Colorado, June 12, 2023) – On Monday, June 5, 2023, five tenants filed a class action lawsuit in Denver District Court against Tschetter Sulzer, P.C., which advertises itself as Colorado’s “#1 Eviction Firm,” and three of its landlord-clients. In Colorado, tenants whose landlords file eviction cases against them after they fall behind on rent have the legal right to "cure," or pay the back rent, at any point before a judgment enters in the case. If they "cure," the case against them must be dismissed. Attorney fees and court costs may only be awarded if a judgment is entered against the tenant, and the judge finds the landlord succeeded in the eviction case. In “cure” cases, the landlord has not succeeded, since the case is dismissed and no judgment is entered. The lawsuit alleges that Tschetter Sulzer and many of its landlord-clients pursued and extracted attorney fees and costs from the plaintiffs even after they “cured” the late payment of rent, the cases are dismissed, and no judgment is entered. “It’s unfair for landlords to require tenants to pay attorney fees and costs unless the law actually allows it,” said Courtney Woodruff, one of the plaintiffs. The class action complaint, filed by law firm Haddon, Morgan, and Foreman, P.C., along with Colorado Poverty Law Project, is available via this link. Carol Kennedy, a Housing Attorney at Colorado Poverty Law Project, said, “Unless it is permitted under the laws, charging attorney fees and court costs unnecessarily and improperly adds to the financial hardship of tenants who already are struggling in this economy and contributes to evictions and homelessness.” For additional information, contact info@hmflaw.com. Colorado Poverty Law Project is a 501(c)(3) nonprofit organization whose mission is to prevent homelessness through legal representation, education, and advocacy. Learn more at www.copovertylawproject.org.

One of the bills that Colorado Poverty Law Project was most excited to support this year, House Bill 1190, is a first-of-its-kind legislation that would provide local governments with a more reasonable chance to purchase apartments as affordable housing. The issue this bill addresses is straightforward, but it requires a public policy correction: local government and housing authorities are trying to purchase and provide affordable housing, but they aren’t able to compete in the current market. When apartments are up for sale, they’re often purchased by corporate hedge funds, sign unseen without inspections or appraisals, and with cash, often in a week or less. These investors can do this because they raise rents by anywhere from 25-50%, immediately, and steadily higher in years to follow. This, in turn, contributes to evictions, displacement, loss of community connections, gentrification, and housing segregation. The beautiful balance struck in this bill is that it addresses a market deficiency, but also preserves fundamental property rights. This bill ultimately leaves a property owner in the driver’s seat, and it’s considerably less intrusive than other governmental powers, such as eminent domain. Under this bill, a property owner never has to sell unless they want to, or for a penny less than they want to—there’s nothing involuntary required. This legislation simply allows local governments to match the best offer a seller deems acceptable. It would empower mission-minded entities with a reasonable chance to compete in today’s market-- a chance to provide Coloradans with long term and deeply affordable housing. We thank the bill’s sponsors, Sen. Faith Winter, Sen. Sonya Jacquez Lewis, Rep. Andrew Boesenecker and Rep. Emily Sirota, and we thank Governor Polis for his consideration of signing this bill into law. We need your help to get this legislation across the finish line and signed into law! Please consider taking a minute to reach out to Governor Polis to express your support for this historic legislation. His office can be reached at Governorpolis@state.co.us or (303) 866-2471

Remote Participation in Residential Evictions: HB23-1186, sponsored by Rep. Mandy Lindsay, Rep. Iman Jodeh, Sen. Tony Exum and Sen. Sonya Jaquez Lewis Provides any party or witness in a county court residential eviction with the option of participating in person, by video conference, or by telephone Allows unrepresented parties to submit motions and documents electronically Prohibits e-filing or electronic service fees for indigent parties Protections for Residential Tenants: SB23-184, sponsored by Sen. Faith Winter, Sen. Tony Exum, Rep. Meg Froelich, and Rep. Lorena Garcia Limits consideration of a prospective tenant’s income to 2x the cost of rent, or for tenants with a voucher, 2x the portion of rent they are responsible for paying Prohibits consideration of credit scores and credit history for rental applications who have a voucher Caps allowable security deposits to not exceed 2x the cost of one month’s rent Clarifies that discrimination and fair housing violations are an affirmative defense to an eviction Portable Tenant Screening Report for Residential Leases: HB23-1099, sponsored by Rep. Stephanie Vigil, Rep. Mike Weissman, Sen. Rhonda Fields and Sen. Tony Exum Allows a rental applicant to recycle a recent tenant screening report if certain conditions are met, to avoid paying multiple application fees Empowers the Attorney General to enforce the Rental Application Fairness Act Establishes meaningful, minimum statutory damages for violations of the Rental Application Fairness Act Eviction Protections for Residential Tenants: HB23-1120, sponsored by Rep. Junie Joseph, Rep. David Ortiz, Sen. Rhonda Fields and Sen. Faith Winter Provides most tenants receiving federal disability or TANF benefits with the right to a mediation, at no cost and facilitated by a neutral third party, before an eviction filing Ensures 30 days to move after an eviction for most tenants who receive these federal benefits Prohibited Provisions in Rental Agreements: HB23-1095, sponsored by Rep. Steven Woodrow, Rep. Mandy Lindsay, Sen. Nick Hinrichsen, and Sen. Faith Winter Establishes new guardrails concerning the award of attorney fees in an eviction Prohibits most leases from including clauses that waive the right to a jury trial, a class action lawsuit, the “implied covenant of good faith and fair dealing,” and the implied “covenant of quiet enjoyment” Limits the imposition of “lease non-renewal” fees and other third-party fees Restricts leases from characterizing fees and utilities as “rent” for the purposes of an eviction. Habitability of Residential Premises: HB23-1254, sponsored by Rep. Kyle Brown, Rep. Javier Mabrey and Sen. Lisa Cutter Modifies Colorado’s warranty of habitability to require appropriate remediation after a natural disaster, and allows tenants to terminate a lease if the unit remains unsafe Expands retaliation protections for tenants who have raised a habitability complaint, organized with other tenants, or participated in a tenants’ association Pet Animal Ownership in Residential Housing: HB23-1068, sponsored by Rep. Alex Valdez, Sen. Faith Winter and Sen. Sonya Jaquez Lewis Prohibits an insurer from considering the breed of a dog Provides a process for the care of pets when an eviction is executed Caps “pet deposits” to not exceed $300 and ensures that those deposits are refundable Limits the imposition of “pet rent” to not exceed the greater of $35 per month or 1.5% of monthly rent Affordable Housing Right of First Refusal: HB23-1190, sponsored by Rep. Andrew Boesenecker, Rep. Emily Sirota, Sen. Faith Winter and Sen. Sonya Jacquez Lewis Governor Jared Polis surprisingly vetoed this bill. This legislation was thoroughly vetted and amended based on a variety of stakeholder input—including the Governor’s own administration. While we are dismayed that the Governor refused to sign this historic legislation into law, CPLP commends the sponsors and the coalition that advanced this bill, and we remain committed to working on policy solutions to address Colorado's affordable housing crisis. This bill would have: Provided local governments with a “right of first refusal” to match the best offer on a qualifying apartment for sale, in order to preserve or convert the apartment as affordable housing Allowed local governments to waive this right of first refusal if a third-party buyer agreed to certain affordability standards Regulating Local Housing Growth: HB23-1255, sponsored by Rep. William Lindstedt, Rep. Ruby Dickson and Sen. Julie Gonzales Generally prohibits a local government from enacting or enforcing any law that constitutes a blanket “growth cap,” i.e. one that categorically limits new housing development Provides local governments with flexibility to enact a ”temporary, non-renewable anti-growth law” under certain conditions Questions? Contact Jack Regenbogen, CPLP's Deputy Executive Director, at jack@copovertylawproject.org.

The Eagle Award is one of the highest achievements for the Colorado housing community CPLP's Mobile Home Initiative won an Eagle Award! Established in 1990, the Eagle Award represents one of the highest achievements for the Colorado housing community. This prestigious award celebrates the extraordinary accomplishments and outstanding leadership in housing and support services. The award honors individuals, agencies, projects, and programs that soar to new heights in their work to ensure safe, fair, affordable housing for all Coloradans. Thank you Housing Colorado for this special honor! Over 100,000 people live in 900 mobile home parks across Colorado, and these parks provide the largest inventory of affordable housing in the state. CPLP’s Mobile Home Initiative works to protect mobile home park residents through free legal advice and representation, know-your-rights trainings, referrals to community partners, and housing justice advocacy at the state and local level. This initiative serves mobile home park residents, the majority of whom earn below 30% Area Median Income, are people of color, adults over age 62, or people with disabilities.

Colorado Poverty Law Project (CPLP) actively supports the Campaign to End Discrimination Based on Source of Income being spearheaded by the Denver Metro Fair Housing Center (DMFHC). CPLP's mission is to prevent homelessness through legal representation, education, and advocacy. As such, we support equal treatment for every Coloradan in the housing market, regardless of their source of income or their race, color, creed, national origin, sexual orientation / gender identity, disability, veteran, or familial status. As a provider of information and services for the state of Colorado, we see the harmful effects of discrimination against housing voucher holders and others in today’s expensive, demanding housing market. We are committed to working with DMFHC to deliver Fair Housing continuing education. We support our clients in asserting their Fair Housing rights, including those related to Source of Income, a protected class under Colorado law. To learn more, watch the documentary "A Place Called Better."

State and federal laws prohibit many forms of discrimination, but are generally unenforced without tenant legal assistance. For tenants like Joseph, CPLP's new Fair Housing Initiative makes all the difference. Joseph, a veteran tenant with disabilities, was facing a threat of eviction based on discrimination due to his physical disabilities. After renting the unit for many years Joseph was asked by his landlord to sign a new lease that included a provision requiring him to shovel snow, which he could not do because of his disability. Joseph then reached out to the landlord and exercised his right to ask for the reasonable accommodation of exemption from the new lease requirement. The landlord refused Joseph's request and, soon after, served him with a Notice to Quit. This termination of the lease and refusal to accommodate his needs was in violation of federal and state fair housing laws. If Joseph had been evicted, moving out of this property on a short timeline would have meant a tremendous challenge to the tenant due to disability and, because of his limited finances, it would have been very difficult to find an affordable place to live on short notice. Joseph reached out to Colorado Poverty Law Project (CPLP) for support. Our attorneys served the landlord with a Demand Letter and subsequently negotiated with the landlord. After several weeks of intense negotiation, CPLP was able to negotiate a lengthy lease extension that included the landlord agreeing to exempt Joseph from the snow shoveling requirement. Joseph was not only able to remain in his home for several more months than his original lease allowed, but he also didn't have to worry about facing another illegal Notice to Quit due to his disability. Unfortunately, Joseph's story is not unique—there are many renters in Colorado facing housing injustice due to disability, source of income (e.g. housing vouchers, rental assistance, etc.), family status, and other protected classes. To address this community need, CPLP recently launched the Fair Housing Initiative. This program counsels and represents residents impacted by prohibited housing practices that affect housing equity, including violations of fair housing laws, the Colorado Rental Application Fairness Act, and the Immigrant Tenant Protection Act. Because state and federal laws prohibit many forms of discrimination but generally are unenforced without tenant legal assistance, there is a significant need for fair housing counseling and representation in our community.

CPLP is honored to be the recipient of a generous grant from Rose Community Foundation to support the Undocumented Housing Program, which will help us provide housing and eviction protection legal services to undocumented residents living in mobile homes. Thank you for believing that no one should become homeless for lack of housing justice--we're truly grateful for your support.

Josie, a single mother, came to CPLP to advocate for herself after her landlord wrongfully issued illegal late fees. CPLP was able to explain the legal violations to the landlord and demanded that Josie be reimbursed $675 for late fees and penalties. Her landlord complied, and Josie and her children were able to use that money towards other necessities like groceries, utilities, and bills. As we approach Colorado Gives Day on Tuesday, December 6th, your gift will go even further to support neighbors like Josie. On the first Tuesday of December since 2010, Coloradans have come together to support the nonprofits that make a difference in our lives. Colorado Gives Day has grown to be Colorado's largest 24-hour giving event, raising more than $362 million for nonprofits across the state since it began. Every gift made from November 1st - December 6th through our online portal at ColoradoGives.org/ColoradoPovertyLawProject will be boosted by the $1.4 Million incentive fund, meaning your donation will go even further to support Coloradans in need!

To register to vote, you need: Basic identification information Colorado residency (established through a physical address) While Going Through an Eviction Facing eviction does not impact a voter’s ability to register at the address subject to eviction proceedings. An eviction proceeding impacts registration only after a voter is physically removed from their residence by the sheriff following a court order. The following stages in the eviction process require no changes to voter registration: Receipt of a Demand for Rent or Possession Receipt of a Summons & Complaint in Unlawful Detainer Receipt of notice of judicial hearing Registering Without a Fixed Permanent Home Unhoused voters can register to vote in Colorado. For purposes of voter registration, a person experiencing housing instability can list the address of a place to which they regularly return or intend to remain. This is the voter’s home base. A home base can be any place with a physical mailing address, including: Park Shelter Vacant lot Campground PO box Residential facility The purpose of providing a mailing address is to enable unhoused voters to receive ballots by mail. A voter always has the option of casting a ballot in person on Election Day regardless of their ability to receive mail, but must provide a physical mailing address to register. Acceptable Forms of Identification Colorado driver’s license or photo ID card Valid US Passport Colorado public employee ID card Valid pilot’s license Valid US military ID card Copy of current (within 60 days) utility bill, bank statement, government-issued check, paycheck, or other government document with voter’s name and registration address Certificate of Degree of Indian or Alaskan Blood Certified copy of US birth certificate Certified document of naturalization Valid student ID card from a Colorado institution of higher education Valid ID card from US Department of Veterans Affairs Valid ID card from federally recognized tribal nation Verification that voter is a resident of a group residential facility The deadline to register to vote in Colorado is Election Day.

On August 16, 2022, the District Court in Gunnison County granted Colorado Poverty Law Project’s (“CPLP”) preliminary injunction request, preventing defendant Ski Town Village Mobile Home Park from increasing rent, imposing late fees, or taking other retaliatory action against the homeowners of the park. The ruling comes as a result of the resident association, Organización De Nuevas Esperanzas (“ONE”), filing a lawsuit in June seeking to prevent a 70% rent increase against residents of the Park. The day after the park exchanged hands earlier this year, the new owners notified residents that rent was increasing by $300 for this low-income and predominantly Hispanic community. The lawsuit alleged that the rent increase was in retaliation for homeowners complaining about dangerous park conditions and other deferred maintenance. In its ruling, the Court acknowledged the affordable housing shortage and ruled that ONE was successful in demonstrating a reasonable probability that the noticed rent increase was done for retaliatory purposes. This is a significant victory for mobile home residents. Rarely—if ever—has a court in Colorado enjoined a landlord from raising rents. “CPLP is proud to serve as an advocate for mobile home residents throughout the state,” says Shannon MacKenzie, executive director of CPLP. “We are hopeful that this ruling serves as a warning to park owners everywhere that they cannot retaliate against tenants for raising safety conditions and other maintenance issues.” With a preliminary injunction in place, the case will proceed to trial, which likely will occur sometime in 2023. Rising rents remain a significant challenge for mobile homeowners that threatens to extinguish this source of affordable housing. To address this issue, the Colorado General Assembly attempted to pass legislation in 2022 that would have limited rent increases, but that measure was withdrawn due to the threat of a veto by Governor Polis. Without a policy in place, ONE utilized existing law to protect themselves from retaliatory rental increases. Colorado Poverty Law Project is a 501(c)3 nonprofit organization whose mission is to prevent homelessness through legal representation, education, and advocacy. This lawsuit was brought in partnership with William P. Edwards, P.C..