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Colorado governor extends suspension of regulatory statutes
On March 15, the Colorado governor issued an executive order extending numerous previous executive orders for 30 days. Among other things, the previous orders suspended certain aspects of Colorado statutes concerning foreign entity qualifications to conduct business in Colorado.
Colorado amends and extends executive order setting forth tenant protections
On January 29 , the Colorado governor issued Executive Order 2021-029 amending and extending Executive Order 2020-307, which set forth certain tenant protections. Executive Order 2020-307 prohibits a landlord, mobile home park owner, property management entity, and others from charging a fee or penalty against a tenant or mobile home owner for failure to timely pay rent. Executive Order 2021-029 extends the moratorium on late fees until 30 days after January 29, 2021, unless extended further by executive order.
Colorado enacts bill modifying limits on certain debt collection activity
On January 21, the Colorado governor signed SB 21-002, which modifies certain limitations on debt collection activity enacted in SB 20-211 (previously discussed here). Among other things, the bill extends, through June 1, 2021, the prohibition on a judgment creditor from initiating a new extraordinary collection action (i.e., a garnishment, attachment, levy, or execution to collect or enforce a judgment on a debt) unless and until specified requirements are met. These requirements include providing at least 10 days advance written notice to the debtor of their right to temporarily suspend the collection action if they are facing financial hardship due to the Covid-19 emergency.
Colorado further extends license expirations
On January 11, the Colorado governor extended previous executive orders permitting numerous state regulatory agencies to issue emergency rules for extending the expiration of certificates and licenses (previous coverage here). Among other things, the extension permits the Division of Banking to extend the expiration date of licenses issued to money transmitters, and the Division of Real Estate to extend licenses issued to real estate brokers, for an addition 30 days.
Colorado prohibits late rent payment fees
On December 31, the Colorado governor issued Executive Order D 2020 307, prohibiting landlords, mobile home park owners, management entities, and agents of all of the foregoing from charging any fee or penalty against a tenant or mobile home owner based on untimely payment of rent. Any late payment fees charged on or after January 31 will apply only to rent due on or after that date.
Colorado amends executive order regarding eviction protections
On September 22, the Colorado governor issued Executive Order 2020 202, which amends Executive Order 2020 101, as amended and extended by earlier orders. The amendment provides that an individual is prohibited from filing or initiating actions for forcible entry and detainer (i.e. eviction), including any demand for rent, unless the individual has notified the tenant in writing of the federal protections against eviction provided by the Centers for Disease Control and Prevention’s Temporary Halt in Residential Evictions To Prevent the Further Spread of Covid-19. The individual must provide as notice a copy of the CDC’s order. Certain aspects of Executive Order 2020 101, including the amendments pursuant to Executive 2020 202, will expire 30 days from September 2020. Other aspects of Executive Order 2020 101 will remain in full force and effect as originally promulgated. Previous coverage relating to Colorado’s eviction orders can be found here, here, and here.
Colorado regulator updates guidance to real estate businesses with new mask requirements
On August 31, the Colorado Department of Regulatory Agencies updated its Safer at Home: Additional Guidance for Real Estate Brokers & Servicers, previously covered here and here, to note that the executive order creating a statewide mask ordinance was extended by Executive Order D 2020 164. Real estate businesses and professionals are encouraged to review the guidance, which responds to frequently asked questions related to real estate services, including field services.
Colorado extends executive order relating to evictions
On August 10, Colorado issued Executive Order D 2020 162, which extends Executive Order D 2020 101, as amended and extended by Executive Order D 2020 134 (previously covered here). These executive orders limit evictions for certain tenants in order to provide relief from effects of the Covid-19 pandemic. Executive Order D 2020 101 is set to expire on September 9, unless otherwise extended.
Colorado amends public health order to require certain employees of critical businesses to wear masks, gloves
On July 21, the Colorado Department of Public Health and Environment issued Amended Public Health Order 20-31, which provides requirements for face coverings and gloves. All employees, contractors, and others providing services for critical businesses that interact in close proximity with other employees or with the public must wear a medical or non-medical cloth face covering that covers the nose and mouth, unless this would inhibit the individual’s health. Employers that operate critical businesses should provide employees with non-medical face coverings. Employees, contractors, and others providing services for critical businesses must also wear gloves, as appropriate by industry standards, when in physical contact with customers or goods if gloves are provided by the employer. The order took effect on July 21 and will continue through August 15, unless otherwise suspended or extended.
Colorado regulator updates guidance to real estate businesses with new mask requirements
On July 17, the Colorado Department of Regulatory Agencies updated its Safer at Home: Additional Guidance for Real Estate Brokers & Servicers, previously covered here, to account for the Colorado governor’s recently-issued mask ordinance. The updated guidance provides that businesses must refuse service to customers not wearing masks and responds to frequently asked questions regarding the mask ordinance, including whether businesses should follow state or local mask orders.