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COVID-19 Information for Colorado

The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.

State and Local Affiliates

Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.

We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws, and other policy issues.

Reopening Order

Governor Polis amended and extended the Safer at Home Executive Order until Saturday, October 24, 2020. The order provides a detailed list of actions that employers may undertake to reduce COVID-19 exposure amongst staff.

Face Mask Mandate

The Governor has extended the order requiring face mask coverings of all individuals until Monday, October 12, 2020. 

State of Emergency

Governor Jared Polis declared a state of emergency on March 10, 2020.

Eviction

Status: Evictions can Resume Remote or In-Person

Executive Order D 2020-202

  • Action: Extends Executive Order 101 and amends it to prohibit filing or initiating actions for eviction, including any demand for rent, unless housing providers notify renters in writing of the federal protections provided under the CDC Eviction Moratorium.
  • Description: Renters must be provided a copy of the CDC’s order, including the declaration that must be submitted to housing providers in order to qualify for eviction protection.
  • Duration: The notice requirements of this order remain in effect until October 22, 2020, unless extended.

Executive Order B 2020 006

  • Action: Issued on August 26, 2020, the order creates a special eviction prevention task force.
  • Description: The task force will consider the causes of and propose solutions to housing instability arising from COVID-19 economic impacts. It will work within the Department of Local Affairs and develop recommendations and report them to the Governor within 30 days of the date of its first meeting. Membership will consist of up to 11 members appointed by the Governor and will include members of local governments, real estate development, banking, housing providers, and housing advocates.
  • Duration: The order expires on October 11, 2020 unless extended further by executive order.

Executive Order D 2020 134

  • Action: Amends Executive Order D 2020 101. Requires the special 30-day notice to vacate to be provided for any default for nonpayment that occurred on or after March 10, 2020 before filing for eviction.
  • Duration: Originally set to expire on August 12, 2020, the order was extended through September 10, 2020 by Executive Order D 2020 162.

Executive Order D 2020 101

  • Action: On June 13, 2020, Governor Polis issued an executive order requiring housing providers to issue a 30-day notice to vacate for any default due to nonpayment of rent. The standard notice requirement is 10 days. During this 30 day period, renters will have the opportunity to cure the default.
  • Residents Responsible for Rent: Yes.
  • Late Fees: Prohibited on nonpayment of rent from May 1, 2020 through June 13, 2020.

Executive Order D 2020 051

  • Action: On April 30, 2020, Governor Polis amended previous Executive Orders 2020 012 and 2020 031, by establishing a moratorium on residential and commercial evictions until June 13, 2020.
  • Description: A housing provider may not file for eviction or have an individual removed from their unit through a writ of restitution or possession judgement. Exceptions are made for circumstances where a resident “poses an imminent and serious threat to another individual or causes significant damage to property.” Further, the order directs the Executive Directors of the Department of Local Affairs (DOLA), Department of Labor and Employment (CDLE), and Department of Regulatory Agencies (DORA) to work with property owners and operators to create model repayment agreements that allow tenants additional time to repay rent.
  • COVID-19 Related Impact Requirement: No.
  • Residents Responsible for Rent: Yes.
  • Late Fees: Prohibited.

Rental Assistance/Housing Provider Assistance

In Executive Order D 2020 012, Governor Polis ordered $3 million from the Disaster Emergency Fund be made available to the Department of Local Affairs (DOLA) to provide short-term rental and mortgage assistance to low-income households facing COVID-19 related hardship. Funds will be available for six months. DOLA was directed to work with Statewide partners to implement the distribution of this assistance.

The Colorado Department of Local Affairs' Division of Housing has also launched the Property Owner Preservation program in response to the COVID-19 pandemic, to allocate up to $20 million in federal CARES Act funds for rental assistance to housing providers on behalf of their residents.

Rent Freeze

No rent freeze is in effect at the state or local level. Local rent regulation is preempted by Colorado Code § 38-12-301.

Price-Gouging Law

Colorado does not have statutory language regulating price gouging during declarations of emergency.

Local Legal and Regulatory Information

Aurora

Rental Assistance/Housing Provider Assistance

The City of Aurora has begun taking applications for the Rental Assistance Program providing help with citizens’ unmet needs during the COVID-19 crisis.

The new program, funded through the House Aurora Partnership and Community Development Block Grants, offers up to two months of rental payments to qualifying residents.

Payments are made directly to the landlord or property manager.

Below is a list of people who qualify:

  • Household income is at or below 100% of Area Median Income; financial verification is required;
  • The reason for requesting assistance is related to COVID-19 (for example, loss of income or employment due to COVID-19, or COVID-19 health-related expenses);
  • Applicant does not receive other public housing support vouchers;
  • Applicant has a current lease in place in the city of Aurora; and
  • Eligibility for the program is not dependent upon citizenship status.

Residents with questions regarding the program or who need accessibility or Spanish-language assistance with the application can call 303-739-7937 or email [email protected].

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Breckenridge

Rental Assistance/Housing Provider Assistance

The town of Breckenridge is providing $1.5 million in COVID-19 relief, aiming to aid affected small businesses as well as individuals. Half a million is being given to the Family & Intercultural Resource Center for its COVID-19 advocacy program, and $1 million will go toward supporting small businesses in Breckenridge. Both initiatives target rent payment issues. 

Money from the town distributed through the nonprofit resource center will be used specifically to provide rental assistance to people who work in Breckenridge and have been furloughed. Those who are assisted through the program do not need to live in Breckenridge — or even Summit County — but they must have worked in Breckenridge and been furloughed as a result of the countywide shutdown. 

The program, which rolled out on March 30, 2020, provides rent relief as well as guidance for accessing other resources and assistance, such as help applying for unemployment and other government programs. In order to receive assistance through the COVID-19 advocacy program, individuals must call the resource center at 970-262-3888 and participate in a needs assessment that will evaluate the individual’s financial situation. 

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Denver

Eviction 

Sheriff Enforcement

The Denver Sheriff Department has temporarily redeployed sheriff deputies away from evictions to other areas of need within the department.

Rental Assistance/Housing Provider Assistance

The Denver City Council approved adding $5 million to a housing assistance fund that started the year with a budget of $2 million, utilizing federal COVID-19 relief funds.

Nonprofits that have been longtime partners in the program will process applications for the additional funds. The Northeast Denver Housing Center and Brothers Redevelopment Inc. each will administer $2 million in rental assistance. The Colorado Housing Assistance Corporation will administer $1 million in mortgage assistance.

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Garfield County

Rental Assistance/Housing Provider Assistance

On April 6, 2020, Garfield County commissioners voted unanimously to approve a transfer of $500,000 of emergency funds to the Department of Human Services for Garfield County’s Emergency General Assistance program, which can cover rent, utilities, transportation, food and some personal needs.

To be eligible for the general assistance payments, a person must be a resident of Garfield County and have a household income of less than $75,000. A person may be eligible for up to $1,500 in rent assistance, depending on where he or she lives in the county, since Carbondale and Glenwood Springs have higher rent prices, on average.

A household could be eligible to receive a maximum of $3,000 from the county’s program.

Human Services also requires information about the applicant’s available savings before making payouts of emergency assistance.

The applicant must also have a legal presence in the U.S. to be receiving payouts from the county’s taxpayer-supported program.

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Vail Valley

Rental Assistance/Housing Provider Assistance

The Vail Valley Salvation Army was awarded $25,000 by US Bank for its COVID-19 response fund supporting relief and recovery efforts.

The local Salvation Army will use the funds to support a program that provides emergency rent assistance to those in need in the community.

For more information, or to sign up for the rent assistance program, call the Salvation Army at 970-748-0704 or visit their website. The Vail Valley Salvation Army is located in Avon.

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