(1)
As used in this section, unless the context otherwise requires:
(a) Administrator means the state court administrator, appointed pursuant
to section 13-3-101.
(b) Fund means the eviction legal defense fund established in subsection
(2) of this section.
(c) 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.
(d) Qualifying organization means an organization that:
(I) Has demonstrated experience and expertise in providing full service civil
legal services to indigent clients;
(II) Is based in Colorado;
(III) Is exempt from taxation pursuant to section 501 (c)(3) of the federal
Internal Revenue Code of 1986, as amended; and
(IV) Obtains more than twenty percent of its funding from sources other than
grants from the fund.
(2) 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.
(3) 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:
(a) 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.
(b) 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;
(c) Providing legal information and advice to indigent tenants;
(d) Referring clients to appropriate persons or agencies that provide
assistance with issues related to housing; and
(e) Providing mediation services for disputes between a landlord and tenant
that could prevent or resolve the filing of an eviction.
(4) (a) 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.
(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.
(II) 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.
(c) 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:
(I) The number of clients served by the organization;
(II) The nature of the assistance rendered to each client, such as providing
information, advice, mediation, or representation;
(III) The type of alleged lease violation, if any, for each client;
(IV) The amount of rent in dispute, if any, for each client;
(V) The number of tenants the organization was unable to serve;
(VI) 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;
(VII) The number of referrals to a rental assistance or mediation program
provided to clients; and
(VIII) 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.
(5) (a) 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.
(b) 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.
(c) 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.
(6) (a) 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:
(I) 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;
(II) The number of writs of restitution issued, organized by whether the
tenant was represented by an attorney;
(III) The rate of legal representation among defendants facing eviction;
(IV) The number of answers filed in response to forcible entry and detainer
petitions, organized by whether the tenant was represented by an attorney;
(V) 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;
(VI) 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
(VII) Based on information reported to the administrator by qualifying
organizations, the number of indigent clients who were provided legal advice.
(b) 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.
(c) 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.
(7) to (9) Repealed.