On Tuesday, April 4, 2023, Morgan Turner, CCLP’s Community Impact Lead, provided testimony to the Senate Local Government & Housing Committee for House Bill 23-1095, Prohibited Provisions in Rental Agreements. CCLP is in support of HB23-1095.

Good afternoon, Madam Chair and committee members, 

My name is Morgan Turner, and I am the Community Impact Lead at the Colorado Center on Law and Policy, a non-partisan, anti-poverty organization that dedicates advocacy, litigation, and research to topic areas related to affordable housing, income, and access to healthcare and food. 

Thank you for the opportunity to testify in support of House Bill 23-1095 which will ensure further protection for tenants when signing a lease agreement. 

Colorado Center on Law and Policy supports this bill as we believe it is imperative that tenants are not charged excessive penalty fees for services that are not truly rent, that landlords should not be able make a profit from third-party services such as valet trash or pest control, and most importantly, that tenants maintain their basic rights to access to justice. 

HB23-1095 seeks to prohibit additional charges presented in residential leases that are considered rent, such as “trash fees or parking” that could leave a tenant vulnerable to eviction solely for nonpayment of fees, regardless of if their true rent amount has been paid.  

Tenants are already so often at a disadvantage when navigating and understanding the complicated language of lease terms. The inclusion of clauses that waive important rights such as the right to quiet enjoyment, the right to participate in a class action lawsuit, or the right to good faith and fair dealing removes accountability from landlords and property owners and significantly limits a tenant’s access to justice. This serves as an even greater threat to those with limited economic resources such as communities of color and low-income individuals.  

Furthermore, the continued demand and scarcity of safe, affordable housing already provides landlords with the upper hand and limits a tenant’s ability to negotiate lease terms. Waiving the right for tenants to participate in a class action lawsuit and the right to a trial by jury restricts the little to no bargaining power a tenant has and further harms individuals who are unable to obtain legal counsel.  

CCLP supports HB23-1095 because it uplifts tenants’ rights. 

We urge you to vote yes on this bill. Thank you for your time! 

Sincerely,

Morgan Turner

Community Impact Lead

Colorado Center on Law and Policy

HB23-1095 passed the Colorado Legislature and is awaiting the Governor’s signature!