Denver City Council gave the health department the power to force landlords to relocate tenants when their buildings are deemed uninhabitable by the city.
The new city law aligns with a new Colorado policy, SB24-094, that mandates landlords maintain habitability in rental units. The new city law gives the Denver government more power to ensure habitability standards are met.
“If life, health or safety are at risk, then the state law requires landlords to provide relocation assistance, provided the tenant did not cause the habitability issue,” according to the council members’ presentation.
Fines go ignored and residents don't get support
Currently, the health department fines landlords whose buildings are not compliant with state and local habitability law. But landlords often ignore the fines, waiting for their day in court or until the city sends them to collections.
The health department already has the ability to “placard” a building — meaning it puts up a sign declaring the structure is uninhabitable under state law. That forces residents to move until the issue is vacated.
But the city has not been allowed to force landlords to help people pay to move. As a result, the city is concerned the health department has either been unwittingly displacing residents, or that it has avoided shutting down dangerous buildings because of the risk of displacing residents.
Now the city can force landlords to act
Tenants already have the right to relocation assistance from their landlords, but to access it, they have to go to court under state law. Now the city has the power to force landlords’ hands.
If landlords fail to provide relocation assistance, the new law allows the health department to place liens on properties. If the city ends up paying for the accommodation instead, it can place a lien on the property covering the cost plus 5 percent.
These situations with noncompliant landlords arise one or two times a year, according to DDPHE.
The following conditions make a home unsafe or uninhabitable:
- Unsafe floors, stairways, or railings
- Poor electrical wiring or lighting
- Bug, pest, or rodent infestations
- Broken windows, doors, or locks
- Issues with sewage disposal
- No hot or cold running water
- Failure to meet building or health codes
- Dirty common areas or garbage buildup
- Mold
- Gas or plumbing problems
- Leaking roofs or walls
- Lack of heat in dangerous and cold conditions
The new tenant protections passed the full council with a unanimous vote and no discussion. The measure was cosponsored by council members Darrell Watson and Shontel Lewis.
