CO Code § 13-40-127 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 40 - Forcible Entry and Detainer - General Provisions|§ 13-40-127. Eviction Legal Assistance - Fund - Rules - Report - Definitions - Repeal

  As used in this section, unless the context otherwise requires:   “Administrator” means the state court administrator, appointed pursuant to section 13-3-101.    “Fund” means the eviction legal defense fund established in subsection (2) of this section.    “Indigent” means a person whose income does not exceed two hundred percent of the family federal poverty guidelines, adjusted for family size, determined annually by the United States department of health and human services.    “Qualifying organization” means an organization that:   Has demonstrated experience and expertise in providing full service civil legal services to indigent clients;    Is based in Colorado;    Is exempt from taxation pursuant to section 501 (c)(3) of the federal “Internal Revenue Code of 1986”, as amended; and    Obtains more than twenty percent of its funding from sources other than grants from the fund.          There is established in the state treasury the eviction legal defense fund. Pursuant to subsection (3) of this section, the state court administrator is authorized to make grants from the fund to qualifying organizations providing civil legal services to indigent residents of the state of Colorado.    The administrator shall award grants from the fund to qualifying organizations to provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are experiencing an eviction or are at immediate risk of an eviction. Money from the fund may be used for services that include:   Providing legal representation to indigent tenants for resolving civil legal matters related to an eviction or impending eviction. Such representation may include representation in any forcible entry and detainer proceeding or action for monetary damages related to nonpayment of rent or other lease violation, legal assistance prior to the filing of an eviction, or any other judicial actions in which legal representation is necessary to protect the interests of an indigent tenant.    Establishing clinics designed to educate and assist indigent tenants in eviction proceedings, including providing information related to the rights and responsibilities of landlords and tenants;    Providing legal information and advice to indigent tenants;    Referring clients to appropriate persons or agencies that provide assistance with issues related to housing; and    Providing mediation services for disputes between a landlord and tenant that could prevent or resolve the filing of an eviction.         A qualifying organization seeking to receive a grant from the fund shall submit an application each year to the state court administrator on a form provided by the administrator. The application form must request any information that the administrator needs to determine whether the applying organization meets the qualifications for receipt of a grant.      On October 1, 2019, and on July 1 each year thereafter, the administrator shall distribute grants from the fund, subject to available appropriations, to a qualifying organization for each county or city and county in proportion to the number of forcible entry and detainer petitions filed in the county or city and county. (b) (I) On October 1, 2019, and on July 1 each year thereafter, the administrator shall distribute grants from the fund, subject to available appropriations, to a qualifying organization for each county or city and county in proportion to the number of forcible entry and detainer petitions filed in the county or city and county.    If there is more than one qualifying organization within a county or city and county, the administrator shall disburse the grant for such county or city and county to each qualifying organization in proportion to the number of clients served by each qualifying organization or its predecessor in the preceding year.       Each qualifying organization that receives a grant pursuant to this section shall submit an annual report to the administrator that includes the following information, to the extent possible and to the extent that it does not violate the privilege and confidentiality of an attorney client relationship:   The number of clients served by the organization;    The nature of the assistance rendered to each client, such as providing information, advice, mediation, or representation;    The type of alleged lease violation, if any, for each client;    The amount of rent in dispute, if any, for each client;    The number of tenants the organization was unable to serve;    Demographic data for clients assisted by the organization with a grant from the fund, including zip code, household income, family status, race and ethnicity information, age, and disability status;    The number of referrals to a rental assistance or mediation program provided to clients; and    The outcome of each client's case, including whether a case was dismissed, judgment for possession was entered, a stipulated agreement was made that prevented entry of a judgment for possession, a stipulated agreement was made that provided the client with an opportunity to vacate a judgment for possession at a later date, and whether the client had to move from the residence and, if so, whether the client received additional time to move and how much time was provided.            In addition to money transferred to the fund pursuant to section 24-22-118 (2) and any appropriation from the general fund, the administrator may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The administrator shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.    Subject to annual appropriation by the general assembly, the administrator may expend money from the fund for the direct and indirect costs associated with the administration of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.    Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and does not revert to the general fund or any other fund.         On or before December 31, 2024, and on or before December 31 every five years thereafter, the administrator shall evaluate the use of grant money awarded from the fund. This evaluation must consider the following metrics, and whether each has increased or decreased compared to the years before the fund was established:   The percentage of forcible entry and detainer filings that resulted in judgments ordered against tenants, organized by whether the tenant was represented by an attorney;    The number of writs of restitution issued, organized by whether the tenant was represented by an attorney;    The rate of legal representation among defendants facing eviction;    The number of answers filed in response to forcible entry and detainer petitions, organized by whether the tenant was represented by an attorney;    Based on information reported to the administrator by qualifying organizations, the number of indigent clients who have been referred to programs that provide emergency rent assistance or mediation services or to other public and nonprofit resources that will bolster the economic security of tenants and their families;    Based on information reported to the administrator by qualifying organizations, the distribution of information to indigent tenants concerning state laws related to the landlord-tenant relationship; and    Based on information reported to the administrator by qualifying organizations, the number of indigent clients who were provided legal advice.       An evaluation performed pursuant to this subsection (6) must include, and consider, the information provided to the administrator by qualified organizations related to client services pursuant to subsection (4)(c) of this section.    Notwithstanding section 24-1-136 (11)(a)(I), the administrator shall submit an evaluation required pursuant to this subsection (6) to the judiciary committees of the house of representatives and the senate, or any successor committees.         The state treasurer shall transfer three hundred fifty thousand dollars from the care subfund in the general fund to the eviction legal defense fund for the purpose of providing legal representation to indigent tenants to resolve civil legal matters arising on and after March 1, 2020, for an eviction or impending eviction related to the public health emergency caused by the COVID-19 pandemic. The money transferred to the fund pursuant to this subsection (7)(a) shall be maintained in a separate account and used only for the purposes specified in this subsection (7)(a). The general assembly shall appropriate the money transferred to the fund pursuant to this subsection (7)(a) to the administrator for use in accordance with this subsection (7)(a). The administrator must use the money by December 31, 2021, for the purposes specified in this subsection (7).    As used in this subsection (7), “COVID-19” means the coronavirus disease 2019 caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2.    This subsection (7) is repealed, effective September 1, 2022.         Within three days after December 7, 2020, the state treasurer shall transfer one million dollars from the general fund to the fund. On or before January 1, 2021, the administrator shall grant the money transferred pursuant to this subsection (8)(a) to qualifying organizations that have been previously awarded grants from the fund in the 2020-21 state fiscal year.    This subsection (8) is repealed, effective January 1, 2022.         In accordance with section 24-75-229 (4), three days after June 25, 2021, the state treasurer shall transfer one million five hundred thousand dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) to the fund for the purpose of providing legal representation to indigent tenants to resolve civil legal matters arising on and after March 1, 2020, for an eviction or impending eviction related to the public health emergency caused by the COVID-19 public health emergency. The money transferred to the fund pursuant to this subsection (9)(a) must be maintained in a separate account and must be used only for the purposes specified in this subsection (9)(a). The general assembly shall appropriate the money transferred to the fund pursuant to this subsection (9)(a) to the administrator for use in accordance with this subsection (9)(a). The administrator shall use the money by December 31, 2024, for the purposes specified in this subsection (9)(a).    Not later than September 1, 2021, the administrator shall use the money transferred to the fund under subsection (9)(a) of this section to make grant awards for the uses specified in subsection (9)(a) of this section to:   Qualifying organizations that have previously been awarded a grant from the fund in the 2020-21 state fiscal year; and    Newly qualifying organizations.       Any money transferred to the fund in accordance with subsection (9)(a) of this section that has not been expended or encumbered as of June 30, 2022, must revert to the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a).    This subsection (9) is repealed, effective July 1, 2025.        History. Source: L. 2019: Entire section added,(SB 19-180), ch. 372, p. 3388, § 2, effective May 30. L. 2020: (7) added,(HB 20-1410), ch. 112, p. 465, § 2, effective June 22; (5)(a) amended,(HB 20-1427), ch. 248, p. 1203, § 19, effective January 1, 2021. L. 2020, 1st Ex. Sess.: (5)(c) and (8) added, (SB 20B-002), ch. 8, p. 43, § 3, effective December 7. L. 2021: (7)(a) and (7)(c) amended,(SB 21-178), ch. 134, p. 546, § 2, effective May 13; (9) added,(HB 21-1329), ch. 347, p. 2257, § 3, effective June 25.    Editor's note:    Section 27(2) of chapter 248 (HB 20-1427), Session Laws of Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with § 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:    Section 5 of chapter 347 (HB 21-1329), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if SB 21-288 becomes law and takes effect either upon the effective date of HB 21-1329 or one day after the passage of SB 21-288, whichever is later. HB 21-1329 took effect June 25, 2021, and SB 21-288 became law and passed on June 11, 2021.     FOR: 2,134,608   AGAINST: 1,025,182   Cross references:   For the legislative declaration in SB 19-180, see section 1 of chapter 372, Session Laws of Colorado 2019. For the legislative declaration in HB 20-1410, see section 1 of chapter 112, Session Laws of Colorado 2020. For the legislative declaration in SB 21-178, see section 1 of chapter 134, Session Laws of Colorado 2021.