Beyond Colorado Springs’ stunning scenery and thriving job market, many flock to Little London thanks to its political prioritization of human rights. One such example can be found in Colorado law HB24-1318, also known as the Modify Rental Premises Person with Disability law.
With one in four U.S. adults experiencing disability, understanding this law is critical for all Colorado Springs rental property owners. Whether you’re a landlord or an investor, HB24-1318 impacts your financial liability by changing the scope of responsibility when considering disability modifications. Since the penalty for misstepping costs up to $23,100, it pays to understand this legislative update. Evernest is here to help you understand HB24-1318, how to assess reasonableness regarding disability modifications, and the effect this will have on your rental property portfolio.
New Colorado Law HB24-1318
Before HB24-1318 was enacted, Colorado Springs landlords were responsible for following the Department of Housing and Urban Development’s (HUD) disability modifications guidelines. HUD upholds the Fair Housing Act, which forbids discriminating against renters with disabilities among other protected classes. In short, a Colorado Springs rental property owner couldn’t refuse to rent to people with disabilities or charge them additional fees; they must be treated like every other tenant and be empowered to enjoy their living space as anyone else would.
Depending on the scope of a tenant’s disability, they may need reasonable modifications made to the rental property under the Americans With Disabilities Act (ADA). For example, a tenant in a wheelchair might need grab bars in the bathroom to fully utilize that space. Previously, the landlord could require the tenant to pay for the initial change and revert any disability modifications upon move out. The financial liability used to fall on the renter.
Now, HB24-1318 puts the liability for disability modifications on the rental property owner or landlord. Colorado Springs investors can’t require tenants to pay for disability modifications, nor can you require them to pay to restore the rental property to its pre-modification condition. While this new law came into effect on August 7, 2024, HB24-1318 will primarily impact landlords resigning leases or placing new tenants in 2025.
Requests for Rental Property Disability Modifications
Any tenant with a disability can request modifications for their rental property, and not all disabilities are visible. To avoid Fair Housing Act violations, Colorado Springs landlords should approach the disability modifications process like so:
Request: Your tenant or someone acting on their behalf will request the modification.There must be a connection between the requested change and the person’s disability. If there isn’t an obvious tie between the two, ask your lawyer about requesting documentation from the tenant’s doctor or medical team. Let the tenant know that you appreciate their request, then tell them that you’ll begin looking into it and will reach out with next steps by a specific date. If something gets in the way of fulfilling that timeline, tell your tenant right away.
Consideration: As a Colorado Springs landlord, you must consider each disability modification request seriously by exploring the cost and whether it would change your business. Gather at least three quotes. If the work isn’t cost-prohibitive, great! If it is cost-prohibitive, look into more affordable alternatives. For example, maybe you can’t afford to install a retractable ramp, but you could afford to implement a permanent ramp up to the front door.
Implementation: Once you determine if you can move forward with the original request or need to pitch more affordable options, have another conversation with your tenant. You can either plan the logistics of implementation, like scheduling, or figure out if your more affordable disability modifications will fit the bill. If the requests made by the tenant exceed your financial capacity as a rental property investor and your suggested alternative is turned down, you may have legal recourse to deny that the requested changes are “reasonable.” Be sure to ask your attorney and the Colorado Springs housing authority for further guidance.
Remember, the Fair Housing Act prohibits landlords from discriminating against tenants based on disabilities - so if a prospective tenant is financially eligible for your rental property, you must give them equitable consideration.
What Types of Disability Modifications Are Considered Reasonable?
Disability is a broad spectrum, and there are a myriad of potential modification requests that could be considered reasonable for a rental property. These requests can be made at any time during tenancy, though most occur either before the renter has moved in or upon the tenant suffering a disability-inducing incident.
While not an exhaustive list, HUD lists the following as common disability modifications:
“Widening doorways to make rooms more accessible for people in wheelchairs
Lowering kitchen cabinets to a height suitable for people in wheelchairs
Adding a ramp to make a primary entrance accessible for people in wheelchairs
Altering a walkway to provide access to a public or common use area”
Benefits for Colorado Springs Landlords
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While disability modifications may require an initial capital investment, they’ll improve the long-term value and appeal of your rental property by becoming featured amenities. Make sure to add pictures of these updates to your listing the next time you’re looking for tenants, and your rental will have greater appeal to people with disabilities and senior citizens, all of whom can make fantastic long-term residents.
Conclusion
If handling disability modifications for your Colorado Springs rental property sounds like a lot of work, you’re not alone. Maintaining legal compliance in the ever-shifting rental landscape can be hard. That’s why so many investors work with Evernest, a professional property management company.
Our property managers will make sure your lease agreements are airtight, communicate with your tenants, and handle any requests that pop up with our network of vetted and insured vendors.
