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Posted on: June 15, 2020

Ordering the Temporary Limiting of Certain Evictions to Provide Relief to Coloradans

D 2020 101


Ordering the Temporary Limiting of Certain Evictions to Provide Relief to Coloradans

Affected by COVID-19

Pursuant to the authority vested in the Office of the Governor of the State of Colorado
and, in particular, pursuant to Article IV, Section 2, of the Colorado Constitution and the relevant
portions of the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq., I, Jared Polis,
Governor of the State of Colorado, hereby issue this Executive Order ordering state agencies to
help prevent evictions of tenants economically harmed by coronavirus disease 2019 (COVID-19)
in Colorado.

I. Background and Purpose

     On March 5, 2020, the Colorado Department of Public Health and Environment’s
(CDPHE) public health laboratory confirmed the first presumptive positive COVID-19 test result
in Colorado. Since then, the number of confirmed cases has continued to climb, and we have
evidence of community spread throughout the State. I verbally declared a disaster emergency on
March 10, 2020, and on March 11, 2020, I issued the corresponding Executive Order D 2020
003, as amended by Executive Orders D 2020 018, D 2020 032, D 2020 058, and D 2020 076.
On March 25, 2020, I requested that the President of the United States declare a Major Disaster
for the State of Colorado, pursuant to the Stafford Act. The President approved that request on
March 28, 2020.

     My administration, along with other State, local, and federal authorities, has taken a wide
array of actions to mitigate the effects of the pandemic, prevent further spread, and protect
against overwhelming our health care resources.

     The economic impacts of COVID-19 are significant, and threaten to undermine the
economic stability of many Coloradans and local businesses. The risk of contamination posed by
COVID-19 necessitated closure of multiple businesses. Employers and employees in virtually all
sectors of the economy have been hard hit. We must take action to shore up economic security,
employment, community cohesion, and community recovery.

     While we have seen indications that our efforts to “flatten the curve” are working,
transmission of the virus continues to threaten Coloradans’ way of life and livelihoods. On April
26, 2020, I issued Executive Order D 2020 044 Safer at Home, as amended and extended by
Executive Orders D 2020 079 and D 2020 091. To be Safer at Home, Coloradans impacted
financially by COVID-19 must continue to have a home. We are doing everything we can to get
Coloradans back to work, but this process is gradual and must take into account the evolving
public health conditions. Many Coloradans continue to experience substantial loss of income as a
result of business closures and layoffs, hindering their ability to keep up with their rent or
mortgage payments through no fault of their own.

     Through this Executive Order, I encourage landlords to take steps to limit evictions for
tenants who have made a good faith effort to make rental payments or who have made a good
faith effort to establish a repayment agreement, and I direct the Department of Local Affairs
(DOLA) to work with COVID-impacted landlords and tenants to create reasonable payment
plans that allow tenants to remain in their residences while we return Coloradans to work safely.

II. Directives

     A. I temporarily suspend C.R.S. § 38-12-204(1), 38-12-204.3(2), and 13-40-104(1)(d)
requiring landlords to provide tenants ten (10) days’ notice of any default for non
payment of rent during which time the tenant has the opportunity to cure the default.
Landlords must provide tenants with thirty (30) days’ notice of any default for non
payment before initiating or filing action for forcible entry and detainer. Such 30-day
notice may extend beyond the expiration of this Executive Order. During this thirty (30)
day period, tenants shall have the opportunity to cure any default for nonpayment.

     B. I direct the Executive Director of DOLA to work with landlords to implement the model
rent repayment agreements created by DOLA to assist individuals who are unable to pay
rent because they have been impacted by financial hardship due to COVID-19.

    C. Landlords and lenders are prohibited from charging any late fees or penalties for any
breach of the terms of a lease or rental agreement due to nonpayment that were incurred
from May 1, 2020 until June 13, 2020.

D. Nothing in this Executive Order shall be construed as relieving an individual from their
obligation to make mortgage or rent payments.

III. Duration

     Executive Order D 2020 101 shall expire thirty (30) days from June 13, 2020, unless
extended further by Executive Order.

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