(1)As
used in this section, unless the context otherwise requires:
(a)Qualified entity means:
(I)A principal department of the state described in section 24-1-110;
(II)An organization in good standing with the secretary of state that is
exempt from taxation under section 501(c)(3) of the federal Internal Revenue Code
of 1986, as amended, that has a demonstrated history of credible housing-related
research and publications; or
(III)An institution of higher education that has a demonstrated history of
credible housing-related research and publications.
(b)Qualified request means a request for compiled data from residential
forcible entry and detainer actions that is filed in compliance with directives and
policies governing the judicial department's response to requests for
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(1) As
used in this section, unless the context otherwise requires:
(a) Qualified entity means:
(I) A principal department of the state described in section 24-1-110;
(II) An organization in good standing with the secretary of state that is
exempt from taxation under section 501(c)(3) of the federal Internal Revenue Code
of 1986, as amended, that has a demonstrated history of credible housing-related
research and publications; or
(III) An institution of higher education that has a demonstrated history of
credible housing-related research and publications.
(b) Qualified request means a request for compiled data from residential
forcible entry and detainer actions that is filed in compliance with directives and
policies governing the judicial department's response to requests for compiled and
aggregate data.
(c) Residential eviction data means, for each residential forcible entry and
detainer action filed pursuant to this article 40:
(I) The date the complaint was filed;
(II) The return date;
(III) The date of the scheduled hearing;
(IV) Whether the plaintiff was represented by legal counsel;
(V) Whether the tenant was represented by legal counsel;
(VI) Whether the tenant filed an answer;
(VII) Any of the following case outcomes:
(A) Default judgment;
(B) Judgment for possession;
(C) Stipulated agreement;
(D) Writ of restitution; or
(E) Dismissal;
(VIII) The zip code of the property at issue;
(IX) Whether the action was filed for:
(A) Nonpayment of rent or utilities; or
(B) Other lease violations;
(X) The total amount of unpaid rent or utilities at the time of filing, and any
late fees that the plaintiff claims the tenant owes;
(XI) Whether the tenant elected to participate in person or remotely; and
(XII) Whether the plaintiff elected to participate in person or remotely.
(2) (a) Beginning July 1, 2024, Denver county court shall electronically
provide residential eviction data for all actions filed in Denver county to the judicial
department, and the judicial department shall electronically collect residential
eviction data for all actions filed in each county, including data provided by Denver
county court, pursuant to this article 40.
(b) Beginning January 1, 2025, the judicial department shall, on a monthly
basis, compile and publish online in a searchable format, and make available free of
charge, aggregate residential eviction data for all actions filed in each county,
including residential eviction data provided to the judicial department by Denver
county court, pursuant to this article 40 that concluded in the immediately
preceding month; except that on January 1, 2025, the judicial department shall
compile and publish online the aggregate residential eviction data for July 1, 2024,
through December 31, 2024. The judicial department shall post the residential
eviction data in a conspicuous place on the judicial department's website.
(c) (I) After receiving a qualified request from a qualified entity, the judicial
department shall make data from residential forcible entry and detainer actions
electronically available on an individual case level. A request for individual case
level data must not be used for the purpose of identifying individual plaintiffs or
tenants, for any action against individual plaintiffs or tenants, or to advertise or sell
any goods or services.
(II) A qualifying entity shall agree to comply with data confidentiality and
suppression requirements as determined by the judicial department. At a minimum,
the agreement must ensure that the requesting qualified entity shall not disclose
any personally identifiable information about the plaintiff or tenant, nor make the
data publicly accessible in any way that would enable a third party to discern the
identity of an individual plaintiff or tenant.
(3) Beginning January 2025 and each January thereafter until January 2035,
the judicial department shall report to the house of representatives judiciary
committee and the senate judiciary committee, or their successor committees,
during the judicial department's SMART Act hearing pursuant to part 2 of article
7 of title 2, on the compiled residential eviction data collected and published
pursuant to this section in the aggregate for the previous calendar year. At a
minimum, the report must include the number of requests for individual case level
residential eviction data pursuant to subsection (2)(c) of this section and the names
of the requesting entities.