McCarthy ♦ Holthus, LLP

Colorado state COVID-19 update provided by McCarthy ♦ Holthus, LLP

Posted: 07/21/21

Governor Polis ended the public health emergency and issued the new Colorado COVID-19 Disaster Recovery Order on July 8th, which kept some of the policies from the now rescinded previous executive orders. The landlords/tenants requirements for 30 days’ notice before eviction proceedings remains in place as part of the new Disaster Recovery Order.

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McCarthy ♦ Holthus, LLP

Colorado state COVID-19 update provided by McCarthy ♦ Holthus, LLP

Posted: 06/01/21

SB21-002-The suspension of extraordinary debt collection actions due to COVID-19 expired on June 1, 2021.

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McCarthy ♦ Holthus, LLP

Colorado state COVID-19 update provided by McCarthy ♦ Holthus, LLP

Posted: 05/11/21

Executive Order D 2020-88, which allowed public trustees to suspend the operation of certain foreclosure statutes, has expired and was not renewed. Most recently, Governor Polis extended the protections for residential and commercial tenants from late fees for failure to timely pay any portion of rent. Additionally, the Governor has cited the federal CDC Orders that have been extended to June 30, 2021.

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McCarthy ♦ Holthus, LLP

Colorado state COVID-19 update provided by McCarthy ♦ Holthus, LLP

Posted: 03/28/21

On March 28, 2021, Governor Polis issued Executive Order 2021 073 which further extended the protections for residential and commercial tenants from late fees for failure to timely pay any portion of rent through April 27, 2021, unless extended further. Additionally, the Governor has cited the federal CDC Orders that have been extended to June 30, 2021.

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McCarthy ♦ Holthus, LLP

Colorado state COVID-19 update provided by McCarthy ♦ Holthus, LLP

Posted: 10/28/20

Following a public meeting and receipt of written comments, the administrator of the Colorado Uniform Consumer Credit Code issued an order published in the Colorado Register on October 25, 2020, pursuant to SB-211. The Order extends the requirements of sections (4) and (5) of SB-211 until February 1, 2021. Colorado SB 20-211 prohibits a judgment creditor from pursuing a garnishment, levy, or execution to collect or enforce a judgment on consumer debt unless a notice is sent to the consumer, thirty days in advance, giving the consumer an opportunity to temporarily suspend such extraordinary collection action. A violation of the statute could give rise to a claim under the Colorado Consumer Protection Act.

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McCarthy ♦ Holthus, LLP

Colorado state COVID-19 update provided by McCarthy ♦ Holthus, LLP

Posted: 10/20/20

On October 15th, Governor Polis issued an executive order once again extending the 30-day notice requirement for evictions for at least another 30 days. The party filing a forcible entry and detainer action must continue to provide notice to the tenant of the federal protections against eviction provided by the Center for Disease Control and Prevention’s (“CDC”) Temporary Halt in Residential Evictions to Prevent Further Spread of COVID-19.  85 FR 55292 (September 4, 2020). The party must provide as notice a copy of the CDC’s order, https://www.govinfo.gov/content/pkg/FR-2020-09-04/pdf/2020-19654.pdf, including the declaration,

https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf

The recent Order also restricts charging fees or penalties against a qualifying tenant for failure to timely pay any portion of their rent. Any fee or penalty assessed on or after January 1, 2021, shall apply only to rent due on or after that date.

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McCarthy ♦ Holthus, LLP

Colorado state COVID-19 update provided by McCarthy ♦ Holthus, LLP

Posted: 10/13/20

Governor Polis issued an executive order to extend the 30-day notice requirement for evictions through October 22, 2020.  In addition, the party filing a forcible entry and detainer action must provide notice to the tenant of the federal protections against eviction provided by the Center for Disease Control and Prevention’s (“CDC”) Temporary Halt in Residential Evictions to Prevent Further Spread of COVID-19.  85 FR 55292 (September 4, 2020). The party must provide as notice a copy of the CDC’s order, https://www.govinfo.gov/content/pkg/FR-2020-09-04/pdf/2020-19654.pdf, including the declaration:

https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf.

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McCarthy ♦ Holthus, LLP

Colorado state COVID-19 update provided by McCarthy ♦ Holthus, LLP

Posted: 09/15/20

Public Trustee offices in Adams County and Jefferson County are extending the available “last possible sale date” out 41 weeks, due to investor driven COVID-19 moratoria. Other counties may choose to follow their lead. Additionally, on September 8, 2020, Governor Polis extended the 30-day notice requirement for residential and nonresidential tenancies for an additional thirty days.

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McCarthy ♦ Holthus, LLP

Colorado state COVID-19 update provided by McCarthy ♦ Holthus, LLP

Posted: 08/19/20

Executive Order D 2020-88, which allowed public trustees to suspend the operation of certain foreclosure statutes, previously expired and was not renewed. Governor Polis subsequently enacted Executive Order D 2020-101 which requires thirty days’ notice before initiating residential evictions and encourages the use of rental repayment agreements.

Colorado SB 20-211, which was enacted at the end of the legislative session, prohibits a judgment creditor from pursuing a garnishment, levy, or execution to collect or enforce a judgment on consumer debt unless a notice is sent to the consumer, thirty days in advance, giving the consumer an opportunity to temporarily suspend such extraordinary collection action. The notice requirement expires November 1, 2020, but may be extended. A violation of the statute constitutes an unfair business practice. While most foreclosures in Colorado are non-judicial, the new law likely applies to judicial foreclosures wherein the judgment usually includes a writ issued to the sheriff conducting the foreclosure sale. C.R.S. § 24-33.5-704.3.

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