Colorado Representative Junie Joseph and Washington Senator Patty Kuderer discussed their respective states’
efforts to enhance tenant protections during recent legislative sessions.
Colorado Law Requires Mediation Before Eviction for Tenants on Public Assistance
Representative Junie Joseph detailed legislative efforts culminating in the passage of Colorado HB23-1120, signed into law in 2023. Sponsored by Representative Joseph, the bill introduced eviction protections for residential tenants receiving public assistance, specifically supplemental security income, federal social security disability insurance, or cash assistance through the Colorado Works program. Its key provisions include:
- Mandatory mediation between landlords and tenants should be initiated before initiating an eviction if the tenant receives such assistance, except for tenants who do not disclose their assistance status or other specified events.
- Eviction writs cannot be executed for at least 30 days post-judgment for tenants receiving public assistance unless the eviction is for a substantial violation or involves a landlord with limited rental properties.
- Written demands and rental agreements must inform tenants of their right to mediation and prohibit income source discrimination.
- Rental agreements cannot waive mediation rights or include clauses for landlords to recover mediation costs.
First in the Nation: Washington Enacts Right to Counsel in Eviction Proceedings
Senator Kuderer outlined key provisions of Washington Senate Bill 5160, which mandates that tenants facing eviction are entitled to legal representation. Sponsored by Senator Kuderer and signed into law in 2021, the bill requires the state to provide legal counsel to indigent tenants at no cost during eviction proceedings. In its passage, Washington became the first state to establish such a right to counsel.
Under Senate Bill 5160, Washington’s Office of Civil Legal Aid (OCLA) is responsible for implementing and overseeing legal services. The bill establishes criteria to determine eligibility for free legal representation, ensuring that only tenants who cannot afford an attorney are covered. Furthermore, OCLA must contract with qualified legal aid organizations to deliver these services efficiently and effectively. The legislation also offers landlords avenues to recoup lost income, striking a balance between safeguarding tenants and ensuring economic stability.
Senator Kuderer underlined homelessness reduction as among the bill’s primary aims while noting that about 10% of tenants nationally have legal representation compared to 90% of landlords. Also addressing efforts to prevent homelessness, Senator Kuderer described Washington Senate Bill 5908, which extends foster care services to individuals up to age 24 and aims to provide continued support during the transition to adulthood.