DENVER — More than 200 new state laws will take effect on Wednesday, including laws that provide additional protections for survivors of domestic abuse.
Denver7 dug into one of the new laws and spoke with community members to find out how it will address a problem they say is long overdue for a solution.
House Bill 25-1168 will provide housing stability to survivors of domestic abuse, sexual assault, stalking
Eunice Brownlee is a strong supporter of the new law and helped convince lawmakers to pass it.
Brownlee is survivor of domestic abuse. Her story highlights a challenging situation that's similar to what many people who experience gender-based violence find themselves in.
"There was a lot of non-physical abuse and violence that was happening," Brownlee recalled. “There were all kinds of stuff that happened, and our life became very challenging."
She said there were instances of the abuser, who she said was the father of her daughter, showing up unannounced at their apartment, even with a no-contact order in place. As things continued to worsen, Brownlee ended up having to attend a lot of court hearings, which impacted her ability to perform at the highest levels at work. She ended up losing her job.
She said the abuser refused to help them stay housed, which Brownlee describes as another form of abuse.
"He refused to help because he wanted to buy a boat," said Brownlee. "People don't consider that to be abuse. But that is abusive if you're willing to let the mother of your child be homeless so that you can go have fun."
She said her landlord helped her out by putting her on a payment plan, which made things a little easier.
“I've had other landlords that wouldn't have cared,” said Brownlee. “A lot of corporate landlords, they don’t care.”
But she said the landlord still wouldn't let her change the locks or put up security cameras.
"She wouldn't let us do the things that let us be safe inside the home," said Brownlee. "She did the things that she needed to do to keep us from being evicted."
House Bill25-1168 is aimed at helping provide housing stability to victim-survivors who may find themselves in similar situations, and who may not be able to just pick up and move into new housing.
Eunice said the legislation certainly would have helped her by giving her more time to figure things out. That's why she wanted to share her story and testify in support of it.
"I need to have my voice be heard because I can give the gift [to] future survivors the thing that I wish that I would've had back then," said Brownlee.
Under current law, tenants cannot be found guilty of unlawful detention if their lease violation was caused by domestic violence and abuse. HB25-1168 expands those protections to cover unlawful sexual behavior and stalking.
The law also makes it easier for tenants who are victimized to show proof. For instance, instead of submitting a police report as their documentation, they’ll now be able to self-certify their status as a domestic violence survivor by submitting a self-attestation affidavit. They can also submit a letter signed by a qualified third party, such as an attorney, social worker, faith leader, an employee of a victim-survivor service provider, or a mental health provider.
Landlords are also required to offer a repayment plan to survivors before a court issues an eviction order. The plan cannot exceed nine months.
“As a judge, I know how important it is to have strong protections in statute, and this law is a meaningful change that better allows survivors to end their leases early while providing a payment plan to protect landlords and keep survivors housed, “ said State Rep. Cecelia Espenoza, D-Denver, who was one of the sponsors of HB25-1168. “This is a huge win for survivors of gender-based violence to ensure they have the tools they need to build a strong, safe future away from their abuser.”
State Rep. Mandy Lindsay, D-Aurora, who was also one of the sponsors of HB25-1168, said housing instability is one of the biggest threats to those who experience domestic violence.
“Many victims can’t safely leave their abuser, which is why our new law strengthens Colorado’s victim protection laws and establishes new mechanisms to improve a victim’s access to justice and safe housing,” said Lindsay. “Gender-based violence is traumatic, and no one deserves to face long-lasting financial consequences or homelessness as a result.”
Politics
These are the 200+ Colorado laws that go into effect on Wednesday
Advocates, including the Women’s Foundation of Colorado (WFCO), say the new law will provide immediate relief.
“[HB25]-1168 was an opportunity for us to address one of the leading causes of homelessness nationally for women, which is gender-based violence,” said Alison Frieman Phillips, the director of policy and advocacy for WFCO. “A policy like this is really helpful, so we can hopefully allow for more people to stay in their homes.”
The law will also protect victims who terminate a lease from being held liable for property damage caused by their abuser; allow victims to change the locks; prohibit landlords from assigning the tenant’s debt to a third-party debt collector; and require that tenants pay no more than one month’s rent after vacating and terminating the lease if the landlord provides proof economic damages within 30 days.
HB25-1168 was also sponsored by State Sen. Julie Gonzales, D-Denver, and State Sen. Mike Weissman, D-Aurora.
Brownlee, who testified in support of the legislation, said she was happy to have lent her voice to help it pass.
“We can’t change the whole system overnight, so we’re changing the things that are going to make the most impact,” said Brownlee. “I really appreciate being asked as a survivor to have a voice in this.”
Another new law makes changes to divorce and spousal support proceedings
A second law taking effect on Wednesday, Senate Bill 25-116, extends the disclosure period for protection orders in divorce cases from two to five years, and requires courts to consider domestic abuse history when making spousal support decisions.
“As a survivor, I am proud that this legislation is now in effect to ensure that courts can make an informed decision and better support survivors who are leaving their abusers,” said Majority Leader Monica Duran, D-Wheat Ridge, one of the sponsors of SB25-116. “Leaving an abusive partner is one of the most dangerous things a survivor of domestic violence can do, and it is important that the justice system can access the reported history of abuse during divorce and separation proceedings. By increasing the disclosure window and including a variety of abusive actions that must be considered during a case involving spousal support, we can lift up survivors and their stories during the scariest time of their lives.”
SB25-116 was also sponsored by State Sen. Marc Snyder, D-Manitou, State Sen. Lisa Frizell, R-Castle Rock, and State Rep. Ryan Armagost, R-Berthoud.
